LAW Overview History Canon Law SFO Constitutions and

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LAW Overview History Canon Law SFO Constitutions and Statutes

LAW Overview History Canon Law SFO Constitutions and Statutes

Associations in the Earliest Christian Centuries The earliest Christian centuries witnessed a wide variety

Associations in the Earliest Christian Centuries The earliest Christian centuries witnessed a wide variety of people getting together for a common purpose, such as collecting alms for poor churches. A fairly common reason to get together among the Christian laity in this early period was the organization of burial societies.

4 th Century Associations At the beginning of the 4 th century another group

4 th Century Associations At the beginning of the 4 th century another group emerged and their purpose was to assist in the liturgical services, for the most part by the chanting of psalms and by participating in the various ecclesiastical processions. Both men and women were eligible for membership. They were subject to the supervision and direction of ecclesiastical authority.

8 th & 9 th Centuries Development of Ecclesiastical Associations The chief factor in

8 th & 9 th Centuries Development of Ecclesiastical Associations The chief factor in the development of ecclesiastical associations during the 8 th and 9 th centuries was the rapid expansion of western monasticism through the Benedictines. Kings, nobles, knights, men and women, rich and poor enrolled in these monastically sponsored associations in order to share in the prayers and spiritual works of the monks.

 • The ecclesiastical association of the 9 th & 10 th centuries •

• The ecclesiastical association of the 9 th & 10 th centuries • internal government • dependent on episcopal supervision • served religious and charitable purposes.

11 th Century Ecclesiastical Associations By the 11 th century the ecclesiatical societies spread

11 th Century Ecclesiastical Associations By the 11 th century the ecclesiatical societies spread throughout Italy. Men and women assembled together under ecclesiastical direction to promote devotion to the saints, ensure spiritual assistance, provide for the needs of the poor, visit and nurse the sick, pray in common for dead members, and have Masses offered for them.

 • Many bishops found it necessary to remind the people that ecclesiastical societies

• Many bishops found it necessary to remind the people that ecclesiastical societies could be only be established with the consent of the local ordinary. • In Rome, Gregory IX (12271241) issued a decree to the effect that no ecclesiastical association could be established in the city without the special permission of the Holy See.

Enter St. Francis and St. Dominic in the Middle Ages 13 th century Countless

Enter St. Francis and St. Dominic in the Middle Ages 13 th century Countless numbers of people identified themselves with the Franciscan and Dominican spirit by adopting a religious rule of life specifically designed for the uncloistered masses.

12 th & 13 th Centuries During the 12 th and 13 th centuries

12 th & 13 th Centuries During the 12 th and 13 th centuries the confraternity took on the juridical form of a corporate body, possessing property and administering funds under ecclesiastical supervision.

Right of the Church to oversee Ecclesiastical Associations • Laws at this time asserted

Right of the Church to oversee Ecclesiastical Associations • Laws at this time asserted the right of the Church to establish associations and oversee the administration of their property insofar as they were ecclesiastical (church related) organizations. • The Church permitted the founders of these societies to formulate the norms/rules that guided their interior life and external activities.

 • These associations/confraternities had their own particular statutory laws, in which detailed provisions

• These associations/confraternities had their own particular statutory laws, in which detailed provisions were made for: everything from the reception of communion to the management of funds. • Confraternities attached to the churches or convents of religious orders were often placed under their direct supervision and administration.

The Council of Trent Bishops • have a right to visitation of any and

The Council of Trent Bishops • have a right to visitation of any and all kinds of associations and confraternities • The ecclesiastical and lay administrators of confraternities must submit an annual financial report on the administration of the confraternity’s funds and the distribution of alms donated by the faithful.

 • From the 13 th – 15 th centuries these ecclesiastical societies multiplied

• From the 13 th – 15 th centuries these ecclesiastical societies multiplied and many served the same purpose.

16 th Century – The Reformation • As a result of the Reformation, and

16 th Century – The Reformation • As a result of the Reformation, and because of the great need for individual religious instruction, the Confraternity of Christian Doctrine was organized at this time with headquarters in Rome.

17 th Century Ecclesiastical Associations • Clement VIII issued the constitution Quaecumque to standardize

17 th Century Ecclesiastical Associations • Clement VIII issued the constitution Quaecumque to standardize practices and correct abuses.

Local Ordinary • consent for the establishment of an ecclesiastical association • the examination,

Local Ordinary • consent for the establishment of an ecclesiastical association • the examination, approval, and the correction of the statutes • The administration of funds, the liturgical ceremonies, and the works of charity had already been subjected to his supervision by the Council of Trent.

 • The 1917 Code classified the various types of ecclesiastical associations. It was

• The 1917 Code classified the various types of ecclesiastical associations. It was also the first time that a lot of Church law was gathered into one place.

 • As a result of Vatican II, in 1983 a new Code of

• As a result of Vatican II, in 1983 a new Code of Canon Law came into effect. It did away with the 1917 Code of Canon Law. It updated and brought the Church’s laws into the current time. This is the Code that we now use.

Canon Law

Canon Law

What is Canon Law and Why is it Important? n Every organization, whether secular

What is Canon Law and Why is it Important? n Every organization, whether secular or religious, requires its own laws and customs in order to maintain order. Within the Catholic Church the law is known as Canon Law.

n in order to maintain order. n keep the Church focused on its mission

n in order to maintain order. n keep the Church focused on its mission to evangelize the nations and provided an environment in which the Church was more receptive to God’s plan.

What are “Canons”? n “Canon” comes from Greek meaning norm or measure. “Canons” are

What are “Canons”? n “Canon” comes from Greek meaning norm or measure. “Canons” are individual paragraphs of law that the Church interprets and applies to given situations.

Different Kinds of Laws There are different types of law in the Church –

Different Kinds of Laws There are different types of law in the Church – A few examples: n Liturgical Law n Sacramental Law n Ecumenical Law

The Code of Canon Law contains 7 unique divisions known as books n Book

The Code of Canon Law contains 7 unique divisions known as books n Book I General Norms, lays down the ground rules of the Church’s legal system n Book II The People of God, looks at who makes up the Church, structure, etc. n Book III The Teaching function of the Church, tells how we proclaim the gospel of Christ through teaching, books, universities, catechisms, Mother Angelica

n n Book IV, The Sanctifying Function of the Church, deals with our sanctification

n n Book IV, The Sanctifying Function of the Church, deals with our sanctification by Christ in all of the 7 sacraments Book V, Temporal Goods, gives guidance on how we are to deal with worldly goods: donations, Mass Stipends, Settlements, Selling property Book VI, Penal Law, describes the Church’s responses to errant behaviors: clergy misconduct, “put a bad dog down” Book VII, Procedural Law, explains the legal processes in the Church

Free to have associations n n Canon 215 The Christian faithful are free to

Free to have associations n n Canon 215 The Christian faithful are free to found and to govern associations for charitable and religious purposes or for the promotion of the Christian vocation in the world are free to hold meetings to pursue these purposes in common.

Classification of Associations n their relation to the Church's hierarchy - public and private;

Classification of Associations n their relation to the Church's hierarchy - public and private; n their extension - international or universal, national, diocesan; n their membership - clerical, lay, mixed.

n n n Definition: Associations of the Faithful Can 298 § 1. associations distinct

n n n Definition: Associations of the Faithful Can 298 § 1. associations distinct from religious life, in which the Christian faithful, either clergy or laity, or clergy and laity together strive by common effort to promote a more perfect life or to foster public worship or Christian doctrine or to exercise other apostolic works to animate the temporal/secular order with the Christian spirit.

What is a Juridic Person? n Juridic personality is conferred upon groups of people

What is a Juridic Person? n Juridic personality is conferred upon groups of people or things ordered towards a purpose goes along with the mission of the Church (c. 114 § 1) n recognized by the Church. n subject to rights and obligations, (c. 113 § 1) n The equivalent in civil law is incorporation.

What is a public juridic person? n group of people or things n established

What is a public juridic person? n group of people or things n established by a competent ecclesiastical authority n given a mission n statutes and constitutions have been approved by this same ecclesiastical authority. (cc. 313, 116, 117, 301 § 3)

General Constitutions, Art. 29. 1 • Local fraternities are grouped into fraternities at various

General Constitutions, Art. 29. 1 • Local fraternities are grouped into fraternities at various levels: regional, national and international according to criteria that are ecclesial, territorial, or of another nature. They are coordinated and connected according to the norm of the Rule and the Constitutions. This is a requirement of the communion among the fraternities, of the orderly collaboration among them, and of the unity of the SFO.

General Constitutions, Art. 29. 2 • Rule 20 These fraternities, that each have their

General Constitutions, Art. 29. 2 • Rule 20 These fraternities, that each have their own juridical personality in the Church, should acquire, if possible, a civil juridical personality for the better fulfillment of their mission…

What is a private association? n The difference between public and private is that

What is a private association? n The difference between public and private is that the public association’s constitutions and statutes are approved by an ecclesiastical authority and a private one’s are not. (cc. 298, 301)

n SFO a tax exempt organization – federal income tax n Included in group

n SFO a tax exempt organization – federal income tax n Included in group ruling of the Catholic Church n Donations deductible n Mileage deductible No relationship to state tax requirements n Does not exempt fraternities from other taxes (sales, use, etc. ) n

Who has the Right to Establish Associations? 301 § 1. Competent ecclesiastical authority alone

Who has the Right to Establish Associations? 301 § 1. Competent ecclesiastical authority alone when you are doing something in the name of the Church n Can

Who is the competent ecclesaistical authority that has the right to establish associations? n

Who is the competent ecclesaistical authority that has the right to establish associations? n n Can 312 § 1. The authority competent to establish public associations is: (1) Holy See for universal and international associations (2) Conference of bishops in its own territory for national associations (3) Diocesan bishop in his own territory for diocesan associations

n n “Catholic” in Title Can 300. No association shall assume the name "Catholic"

n n “Catholic” in Title Can 300. No association shall assume the name "Catholic" without the consent of competent ecclesiastical authority, in accord with the norm of can. 312. Specific approval to use the name Catholic is not required for associations that have been established as public juridic persons or as private juridic persons

Third Orders n Can 303. members lead an apostolic life n strive for Christian

Third Orders n Can 303. members lead an apostolic life n strive for Christian perfection while living in the world n share the spirit of some religious institute under the higher direction of that same institute n (GC Art. 85. 1)

General Constitutions, Art. 85. 2 • The spiritual and pastoral care of the SFO,

General Constitutions, Art. 85. 2 • The spiritual and pastoral care of the SFO, entrusted by the Church to the Franciscan First Order and the TOR, is the duty, above all, of their general and provincial ministers. The altius moderamen, of which Canon 303 speaks, belongs to them. The purpose of the altius moderamen is to guarantee the fidelity of the SFO to the Franciscan charism, communion with the Church and union with the Franciscan family, values which represent a vital commitment for the Secular Franciscans.

Statutes for Spiritual Assistance Art. 8. 1 The General Ministers § The general Ministers

Statutes for Spiritual Assistance Art. 8. 1 The General Ministers § The general Ministers exercise collegially the altius moderamen and the pastoral assistance in regard to the SFO as a whole [1] SFO Const 87. 1

Third Orders n Third orders Secular members in the world.

Third Orders n Third orders Secular members in the world.

n The Third Order Regular (TOR) evolved out of the Seculars, men and women

n The Third Order Regular (TOR) evolved out of the Seculars, men and women who wanted to live together in a community life. Eventually their rule evolved from the SFO rule and is different from it and the rule of the first orders.

Necessity of Statutes n All associations of the Christian faithful, whether public or private,

Necessity of Statutes n All associations of the Christian faithful, whether public or private, by whatever title or name they are called, are to have their own statutes… Can 304 § 1.

Approval of Statutes n The statutes of any public association as well as their

Approval of Statutes n The statutes of any public association as well as their revision or change require the approval of the ecclesiastical authority which is competent to establish the association in accord with can. 312, § 1. Canon 314

Vigilance and Accountability n All associations of the Christian faithful are subject to the

Vigilance and Accountability n All associations of the Christian faithful are subject to the vigilance of competent ecclesiastical authority… Can 305 § 1.

Can 305 § 2. Associations of any kind whatever are subject to the vigilance

Can 305 § 2. Associations of any kind whatever are subject to the vigilance of the Holy See; diocesan associations and also other associations to the extent that they work in the diocese are subject to the vigilance of the local ordinary.

General Constitutions, article 101. 1 -2 • The Secular Franciscans should collaborate with the

General Constitutions, article 101. 1 -2 • The Secular Franciscans should collaborate with the bishops and follow their directions… [1] • The fraternities are subject to the vigilance of the Ordinary in so far as they perform their activities within the local Churches. [2] • [1] See Can. 394; 756; 775 ss. [2] See Can. 305; 392.

Benefits n In order for a person to enjoy the rights and privileges, indulgences

Benefits n In order for a person to enjoy the rights and privileges, indulgences and other spiritual favors granted to the association, he or she has to have been validly received into it and not legitimately dismissed… Can 306.

Membership n Can 307 § 1. The reception of members is to be done

Membership n Can 307 § 1. The reception of members is to be done in accord with the norm of law and the statutes of each association. n § 2. The same person can be enrolled in several associations. n § 3. Members of religious institutes can enroll in associations in accord with their own law with the consent of their superior.

Dismissal Canon 308 No one who has been legitimately enrolled may be dismissed from

Dismissal Canon 308 No one who has been legitimately enrolled may be dismissed from an association except for a just cause in accord with the norm of law and the statutes.

Rights and Obligations of the Juridic Person n Canon 309 Legitimately constituted associations have

Rights and Obligations of the Juridic Person n Canon 309 Legitimately constituted associations have the right n to issue particular norms respecting the association itself n to hold meetings n to designate moderators, officials, other officers n administrator goods.

n Canon 315 Public associations on their own initiative can begin undertakings in keeping

n Canon 315 Public associations on their own initiative can begin undertakings in keeping with their character, and they can direct them in accord with their statutes, but under the further direction of the ecclesiastical authority mentioned in c. 312, § 1.

Property of a Juridic Person n Canon 319 § 1. Each year you must

Property of a Juridic Person n Canon 319 § 1. Each year you must give an account of the administration of the goods you own to the ecclesiastical authority mentioned in c. 312, § 1. n § 2. Each year you must give a financial accounting to the same ecclesiastical authority.

Who can suppress? n Canon 320 § 1 § 2. The person who established

Who can suppress? n Canon 320 § 1 § 2. The person who established the association is the only one who can suppress it. § 3. A public association is not to be suppressed by competent authority without having heard its moderator and other major officials.

Cooperation with other Associations n Canon 328 Those who preside over associations of the

Cooperation with other Associations n Canon 328 Those who preside over associations of the laity, even those associations erected in virtue of an apostolic privilege, are to see to it that they cooperate with other associations of the Christian faithful, where it is expedient, and willingly assist the various Christian works especially those in the same territory.

n Canon 329 Moderators of associations of the laity are to see to it

n Canon 329 Moderators of associations of the laity are to see to it that the members of the association are duly formed for the exercise of the apostolate which is proper to the laity.

Subsidiarity n Subsidiarity: This is the principal that says that the higher authority should

Subsidiarity n Subsidiarity: This is the principal that says that the higher authority should not do whatever can be done by the lower authority.

The Law is Pastoral The last canon of the “Code of Canon Law” is

The Law is Pastoral The last canon of the “Code of Canon Law” is amongst the most important canons. Canon 1752 states that everything should be done “keeping in mind the salvation of souls”.

Section II • Organization and Structure

Section II • Organization and Structure

Order in the Church • Rule, Article 2 – Organic union of all Catholic

Order in the Church • Rule, Article 2 – Organic union of all Catholic fraternities – Led by the Spirit – Professed (pledged) to live a Gospel life in the manner of St Francis – Following this rule – Approved by the Church

Organized into fraternities • General Constitutions, articles 1. 5 – The SFO is a

Organized into fraternities • General Constitutions, articles 1. 5 – The SFO is a public association in the Church. (c. 303, 301 § 3) – It is divided into fraternities at various levels: local, regional, national, and international. – Each one has its own juridical personality. (c. 214) – Within the Church. (c. 212) • Establishing authority: the Holy See • Written consent of the diocesan bishop

National Fraternity – GC 65. 1 • Organic union of the local fraternities …

National Fraternity – GC 65. 1 • Organic union of the local fraternities … • which are joined and coordinated among themselves • through regional fraternities … – GC 65. 3 • Animated and guided by a council and minister. • Governed by its own statutes. • Has its own seat.

National Fraternity (NAFRA) – National Statutes, Article 1 1. 1 National Fraternity of the

National Fraternity (NAFRA) – National Statutes, Article 1 1. 1 National Fraternity of the SFO (NAFRA) • Juridic person in the USA • Of local and regional fraternities 1. 2 Animated and guided by elected council & minister [GC 65. 3]

National Fraternity (NAFRA) – National Statutes, Article 1 1. 3 Follows: Code of Canon

National Fraternity (NAFRA) – National Statutes, Article 1 1. 3 Follows: Code of Canon Law, and the following SFO documents: • the Rule, • the General Constitutions, • the Ritual, • the International Statutes and • these National Statutes [GC, art 4].

Elections § One Vote person. [NS art 8. 4 - 5; c. 168] §

Elections § One Vote person. [NS art 8. 4 - 5; c. 168] § Majority: Absolute & Relative (simple) [NS art 9. 2; GC 78. 1; c. 110] § Needed to elect. (c. 119) § Oldest by Profession [GC 78. 1 ] § Questions not covered revert to the decision of the President/Presider of the Election. [NS 9. 3]

Elections [GC 76. 1] § The elections at the various levels will take place

Elections [GC 76. 1] § The elections at the various levels will take place according to the norms of the law of the Church and of the Constitutions. (c. 164) § c. 164: Unless the law has provided otherwise, the prescriptions of the following canons are to be observed in canonical elections.

§ c. 168 …a person cast only one vote. § c. 169 …only members

§ c. 168 …a person cast only one vote. § c. 169 …only members of the group § c. 170 Impaired freedom invalidates the election § c. 171 Eligibility to vote § c. 172 Valid Vote: § Free, § secret, certain, absolute, determinate § No appended conditions.

n n c. 149 § 1 To be promoted to an ecclesiastical office, a

n n c. 149 § 1 To be promoted to an ecclesiastical office, a person must be: n In the communion of the Church n Suitable n. Endowed with those

General Constitutions, Art. 76. 2 § The elective assembly, or chapter, will be presided

General Constitutions, Art. 76. 2 § The elective assembly, or chapter, will be presided over by the minister of the immediately higher level, or by his or her delegate, who confirms the election.

General Constitutions, Art. 80 § The particular statutes may include further directives concerning elections,

General Constitutions, Art. 80 § The particular statutes may include further directives concerning elections, as long as they are not contrary to the Constitutions.

Vacancies § Minister: Vice minister assumes office. [GC 81. 1] § Vice minister: Elected

Vacancies § Minister: Vice minister assumes office. [GC 81. 1] § Vice minister: Elected by council from its members. [GC 81. 2] § Councilor: Council will proceed to substitute for him or her in conformity with its own statutes. [GC 81. 3]

Resignation § Minister: [GC 83. 1] • During a chapter meeting: Accepted by the

Resignation § Minister: [GC 83. 1] • During a chapter meeting: Accepted by the chapter. • Otherwise, accepted by the council and the minister of the higher level. § Other Officer: [GC 83. 2] • Presented and accepted by minister and council.

Removal (After fraternal dialog) § Minister: • Council informs higher council. Higher council examines

Removal (After fraternal dialog) § Minister: • Council informs higher council. Higher council examines & takes secret vote. [GC 84. 1] • For a serious, public, and proved reason, the higher council … by a secret ballot, orders the removal of a minister of a lower level. [GC 84. 2] § Other Officers: • Council votes (secret ballot). [GC 84. 3]

Removal [GC 84. 6] General Problems § Serious lack of concern or evidence of

Removal [GC 84. 6] General Problems § Serious lack of concern or evidence of irregularities on the part of a minister or a council, § Council of the next higher level: • • • Conducts a fraternal visit Eventually, requests a pastoral visit. Evaluates and decides on the best way to proceed, not excluding the eventual removal of the council or leaders involved.

National Statutes, Art. 28 Provisions for National administration shall be used as a model

National Statutes, Art. 28 Provisions for National administration shall be used as a model for Elections, Conduct of business, … Composition and duties of the Fraternity Minister and the Fraternity Council, Replacement of officers And similar business of the fraternity At any level.

Section III FRATERNAL LIFE

Section III FRATERNAL LIFE

Fraternity Life - National Statutes • Articles #2, #3 and #4 of the General

Fraternity Life - National Statutes • Articles #2, #3 and #4 of the General Constitutions concerning the nature of the vocation to the SFO apply. [NS 16. 1] – Specific vocation to the SFO. Can’t belong to another order or institute. [GC 2. 1] – Laity and secular clergy can belong. [GC 2. 2]

– Spirituality and apostolic life of SFO characterized by their secular state. [GC 3.

– Spirituality and apostolic life of SFO characterized by their secular state. [GC 3. 1] – Laity help build up Kingdom of God. [GC 3. 2; c. 225] – Vocation – to live the Gospel in fraternal communion (fraternities). [GC 3. 3]

 • Governed by universal law of the Church, and its own: Rule, Constitutions,

• Governed by universal law of the Church, and its own: Rule, Constitutions, Ritual, and particular statutes [GC 4. 1] • Rule – gives nature, purpose, and spirit of SFO. [GC 4. 2] • Constitutions – Apply the Rule, give conditions for belonging – for government and [GC 4. 3] – organization

FORM OF LIFE –G. C. arts. 8 -11 • Live the Gospel according to

FORM OF LIFE –G. C. arts. 8 -11 • Live the Gospel according to • • • Franciscan spirituality. Deepen the values and choices of the evangelical life according to the Rule. Be open to the challenges that come from society and from the Church’s life situation. Spirituality is plan of life centered on the person of Christ, rather than a “program. ”

 • Secular Franciscans must personally and assiduously study the Gospel and Sacred Scripture.

• Secular Franciscans must personally and assiduously study the Gospel and Sacred Scripture. • Rule 10 “Christ, poor and crucified” is the “book” in which Franciscans learn to live the Gospel life. • They must live the Franciscan spirit of peace, rejecting every other way. • Holy Spirit is source of vocations and animator of fraternal life and mission.

 • Fraternity life - has vitality and sustaining force; exists at national, regional

• Fraternity life - has vitality and sustaining force; exists at national, regional and local levels. [NS 16. 2] • Fraternities are subject to the vigilance of local bishop. [NS 16. 3, Rule, art. #6] • External sign of SFO in U. S. – the TAU [NS 16. 4]

Life in Fraternity - General Constitutions • Fraternities originated with St. Francis. [1] [GC

Life in Fraternity - General Constitutions • Fraternities originated with St. Francis. [1] [GC 28. 1] • Co-responsibility of each member for life of the fraternity requires: [GC 30. 1] – Personal presence – Witness – Prayer – Active collaboration [GC 30. 2] [1] See Constitutions 3. 3, Testament 14

FRATERNITY OFFICES • Holding office in fraternity is a fraternal service. – Available –

FRATERNITY OFFICES • Holding office in fraternity is a fraternal service. – Available – Responsible – Convinced of the Franciscan evangelical way of life – Broad and encompassing vision – Open to dialogue – Ready to give and receive help [GC 31. 2, 3]

LEADERS – GC 31. 4 • Leaders’ responsibilities: – Spiritual and technical preparation and

LEADERS – GC 31. 4 • Leaders’ responsibilities: – Spiritual and technical preparation and animation of meetings – Inspire life in fraternity by their own witness – Help develop life of fraternity – Promote collaboration among brothers and sisters

–Live and foster spirit and reality of communion in fraternities –Cherish peace and reconciliation

–Live and foster spirit and reality of communion in fraternities –Cherish peace and reconciliation –Realize that leadership is temporary –Reject ambition, show love [Rule, art. 21]

FRATERNAL and PASTORAL VISITS n Purpose: n to revive the evangelical Franciscan spirit n

FRATERNAL and PASTORAL VISITS n Purpose: n to revive the evangelical Franciscan spirit n to assure fidelity to the charism and to the Rule n to offer help to fraternity life n to reinforce the bond of the unity of the Order and n to promote its most effective insertion into the Franciscan family and the Church. [GC 92. 1, Rule, art. 26]

n Responsibilities of visitors: n Initiate visitation when needed n Verify fraternity’s Franciscan life

n Responsibilities of visitors: n Initiate visitation when needed n Verify fraternity’s Franciscan life n Examine records; audit required [NS 4. 5, GC 53. 3] n Make fraternal corrections where needed [GC 93]

Verify: the validity of formation; n relations with other fraternities and youth; n Observance

Verify: the validity of formation; n relations with other fraternities and youth; n Observance of directives and guidelines of the International Council and other councils; n Presence in the local Church; n Liturgical and prayer life. n [GC 94. 2, 95. 4]

SPIRITUAL ASSISTANTS n Spiritual Assistants to all fraternities are mandatory. [GC 89. 1] n

SPIRITUAL ASSISTANTS n Spiritual Assistants to all fraternities are mandatory. [GC 89. 1] n Provincials appoint Spiritual Assistants according to the GC and Statutes for Spiritual and Pastoral Assistance to the SFO. [GC 91. 3] Spiritual Assistants must keep Provincials informed of life of SFO. [SSA art. 20. 1]

Secular Franciscans who serve as Spiritual Assistants subject to same rights and restrictions as

Secular Franciscans who serve as Spiritual Assistants subject to same rights and restrictions as Franciscan religious Spiritual Assistants. [NS 18. 3; authority: GC 89. 4] n Primary job to communicate Franciscan spirituality and help in formation. [GC 90. 1] n n Can only hold position for 12 years. [SSA art. 15. 3]

FORMATION n n n Holy Spirit the principal agent of formation. [GC 37. 2]

FORMATION n n n Holy Spirit the principal agent of formation. [GC 37. 2] Brothers and sisters are responsible for their own formation. [GC 37. 3] Form to be used formation is that found in the Guidelines for Initial Formation. n [NS 19. 5 a] Method to be interactive AND experiential. [NS 19. 5 b; GC 40. 4]

n Determination of means of formation belongs to national and regional councils. [GC 37.

n Determination of means of formation belongs to national and regional councils. [GC 37. 4]

n Orientation a time for determining a person’s interest, eligibility and disposition to enter

n Orientation a time for determining a person’s interest, eligibility and disposition to enter into the initial formation process. [NS 19. 1 a] n Inquiry a “time of initiation”, a time for discernment of vocation. [GC 38. 1, Rule, art. 23]

n Conditions for admission are: profess the Catholic faith n live in communion with

n Conditions for admission are: profess the Catholic faith n live in communion with the Church n be of good moral standing, and n show clear signs of a vocation n [1] [GC 39. 1] [1] See Can. 316.

n After Rite of Admission “true” time of formation begins. [GC 38, 39] n

n After Rite of Admission “true” time of formation begins. [GC 38, 39] n Candidacy: n Purpose – maturation of vocation n Experience of evangelical life in fraternity n Better knowledge of Order [GC 40]

n Requires: n n Frequent meetings – with candidates of other fraternities where possible

n Requires: n n Frequent meetings – with candidates of other fraternities where possible Study – Sacred Scripture, writings of Francis, Franciscan spirituality, Rule, Constitutions Prayer Participation in local fraternity meetings mandatory and indispensable. [NS 19. 2 c; GC 40. 3]

n n Trained in love for Church and acceptance of her teachings Practice living

n n Trained in love for Church and acceptance of her teachings Practice living their secular commitment in the world in an evangelical way

FORMATION n Rule 23 Having completed the time of initial formation, the candidate submits

FORMATION n Rule 23 Having completed the time of initial formation, the candidate submits to the minister of the local fraternity a request to make his or her profession. Having heard the master of formation and the assistant, the fraternity council decides by secret ballot on the admission to profession, gives its reply to the candidate, and informs the fraternity. [G. C. 41. 1]

n Requirements for profession: Age (min. of 21) [NS 19. 3 a; GC 41.

n Requirements for profession: Age (min. of 21) [NS 19. 3 a; GC 41. 2] n Active participation [GC 41. 2] n Consent of council – requires secret ballot [GC 41. 1, 2] n All sacraments, and an actively practicing Catholic [NS 19. 2 d] n n Time of formation can be extended 1 year. [GC 41. 3]

PROFESSION – G. C. article 42. 1 n Profession is the solemn ecclesial act

PROFESSION – G. C. article 42. 1 n Profession is the solemn ecclesial act by which the candidate, remembering the call received from Christ, renews the baptismal promises and publicly affirms his or her personal commitment to live the Gospel in the world according to the example of Francis and following the Rule of the SFO.

PROFESSION –G. C. article 42. 2 n Rule 23 Profession incorporates the candidate into

PROFESSION –G. C. article 42. 2 n Rule 23 Profession incorporates the candidate into the Order and is by its nature a perpetual commitment. [1] n [1] See Ritual SFO, Preface n. 18.

PROFESSION, G. C. article 42. 3 n n Profession is accepted by the minister

PROFESSION, G. C. article 42. 3 n n Profession is accepted by the minister of the local fraternity or by his or her delegate in the name of the Church and of the SFO. The rite is carried out according to the norms of the Ritual. [1] See Ritual SFO, Preface n. 13 ff. ; Part I, Chapter II.

PROFESSION – G. C. article 42. 4 -5 n n n 4. Profession does

PROFESSION – G. C. article 42. 4 -5 n n n 4. Profession does not only commit those professed to the fraternity, but also, in the same way, it commits the fraternity to be concerned with their human and religious well-being. 5. The act of profession is registered and preserved in the records of the fraternity. [1] See Ritual SFO, Preface n. 13 ff. ; Part I, Chapter II.

Art. 19. 4 Ongoing Formation Ongoing formation is the responsibility of all professed members

Art. 19. 4 Ongoing Formation Ongoing formation is the responsibility of all professed members consonant with article #44 of the General Constitutions.

ONGOING FORMATION Begins at Profession n Continues for life n Responsibility of all professed

ONGOING FORMATION Begins at Profession n Continues for life n Responsibility of all professed members [NS 19. 4] n Accomplished by n Courses n Gatherings and n Sharing of experiences. [GC 44. 3] n

General Constitutions, Art. 44. 1 n Begun by the preceding stages, the formation of

General Constitutions, Art. 44. 1 n Begun by the preceding stages, the formation of the brothers and sisters takes place in a permanent and continuous way. It should be understood as an aid in the conversion of each [1] and everyone and in the fulfillment of their proper mission in the Church and in society. [1] See Constitutions 8; 1 Celano 103.

1 Celano 103 n [Francis] was afire with a very great desire to return

1 Celano 103 n [Francis] was afire with a very great desire to return to the first beginnings of humility… “Let us begin, brothers, to serve the Lord God, for up to now we have made little or no progress. ” He did not consider that he had laid hold of his goal yet, and persevering untiringly in his purpose of attaining holy newness of life, he hoped always to make a beginning….

General Constitutions, Art. 44. 2 n The Fraternity has the duty to give special

General Constitutions, Art. 44. 2 n The Fraternity has the duty to give special attention to the formation of the newly professed and of the temporarily professed, to help them become fully mature in their vocation and develop a true sense of belonging.

PURPOSE OF ONGOING FORMATION Assists brothers and sisters: n In listening to and meditating

PURPOSE OF ONGOING FORMATION Assists brothers and sisters: n In listening to and meditating on Word of God [Rule 4] n In reflecting on current events and taking consistent positions n In discerning and deepening one’s Franciscan vocation [GC 44. 3]

MEMBER STATUS n Active fraternity member [GC 18. 7 a] n n Excused (dispensed)

MEMBER STATUS n Active fraternity member [GC 18. 7 a] n n Excused (dispensed) fraternity member [NS 18. 7 a] Lapsed fraternity member [NS 18. 7 b]

n n Membership Actions National Statutes, Art. 20 Transfer [GC 55] Temporary withdrawal from

n n Membership Actions National Statutes, Art. 20 Transfer [GC 55] Temporary withdrawal from fraternity – [GC 56. 1, Rule, art. 23] Failure to live the Rule: n Discussion by council with member n Suspension with obstinacy or relapse [GC 56. 2] Definitive withdrawal from Order [GC 58. 1] n Dismissal from Order [GC 58. 2 -4]

COMMON FUND n n All members shall support fraternity “according to their means. ”

COMMON FUND n n All members shall support fraternity “according to their means. ” [Rule, art. 25] Contributions go into common fund. Local fraternities support higher fraternities from their Common Fund, based on number of active and excused members (not lapsed). [GC 30. 3, NS 18. 7]

STIPENDS – NS 18. 8 n When payable – at time of visit n

STIPENDS – NS 18. 8 n When payable – at time of visit n n To whom – fraternal and pastoral visitors, guest speakers Based on what? Length of journey, length of stay required, fraternity’s budget/common fund

PARTICIPATION IN FRATERNITY n Meetings as frequently as allowed by circumstances. [GC 53. 1,

PARTICIPATION IN FRATERNITY n Meetings as frequently as allowed by circumstances. [GC 53. 1, Rule, art. 24] n Fraternity obligated to keep all sick, disabled, and otherwise excused members UNITED with the fraternity. [GC 53. 3, Rule, arts. 6, 8, NS 18. 10]

AFFILIATES n n Association of non-SFO members with fraternities [GC 53. 5] Affiliates’ activities

AFFILIATES n n Association of non-SFO members with fraternities [GC 53. 5] Affiliates’ activities [NS 18 b; Rule, art. 13, GC 103. 1] n Maximum number allowed – 15% of membership [NS 18 c, d; RGN #36]

DUTIES OF A COUNCIL n n To promote the initiatives necessary for fostering fraternal

DUTIES OF A COUNCIL n n To promote the initiatives necessary for fostering fraternal life, for improving the human, Christian, and Franciscan formation of its members and for sustaining their witness and commitment in the world; To make concrete and courageous choices, appropriate for the situation of the fraternity, from among the numerous activities possible in the field of the apostolate. [GC 50. 1]

n n To offer its members opportunities for coming together and collaborating through meetings

n n To offer its members opportunities for coming together and collaborating through meetings to be held with as great a frequency as allowed by the situation and with the involvement of all its members. [GC 53. 1] To keep council informed of all developments affecting the fraternity. [GC 51. 1]

DEACTIVATION n n If local fraternity is deactivated, all of its belongings and money

DEACTIVATION n n If local fraternity is deactivated, all of its belongings and money go to Region to hold for 100 years. If fraternity revived, it repossess any remaining goods, its own library, and records. [GC 48]

Franciscan Youth and Young Adults National Statutes, article 27. • The provisions of articles

Franciscan Youth and Young Adults National Statutes, article 27. • The provisions of articles #96 and #97 of the General Constitutions concerning Franciscan Youth and Young Adults apply.

General Constitutions, article 96. 1 • SFO, by virtue of its very vocation, to

General Constitutions, article 96. 1 • SFO, by virtue of its very vocation, to share experience of evangelical life with youth. [GC 96. 1] • Definition of Franciscan Youth (You. Fra) [GC 96. 2] • Can pledge to follow SFO Rule after 1 year formation, OR pursue regular course to become professed. [GC 96. 3, 4]

DUTIES OF SFO TO YOUTH • To promote SFO vocation to Franciscan youth; •

DUTIES OF SFO TO YOUTH • To promote SFO vocation to Franciscan youth; • To provide fraternal animator; • To promote a close communion with the SFO and all leaders. [GC 97. 1 -3]

 • Representative of the Franciscan Youth sits on SFO council of the corresponding

• Representative of the Franciscan Youth sits on SFO council of the corresponding level; one or more sit on international council. [GC 97. 4 -5]

General Constitutions, articles 69 -74 International Fraternity

General Constitutions, articles 69 -74 International Fraternity

General Constitutions, article 70. 3 • 3. The International Council convened in General Chapter

General Constitutions, article 70. 3 • 3. The International Council convened in General Chapter is the highest governing body of the SFO with legislative, deliberative, and elective powers. It can make legislative decisions and give norms in conformity with the Rule and the Constitutions.

General Constitutions, article 71 • 1. The purposes and duties of the International Council

General Constitutions, article 71 • 1. The purposes and duties of the International Council of the SFO are: • a. to promote and sustain the • • evangelical life according to the spirit of Saint Francis of Assisi … b. to increase the sense of unity of the SFO …, among the national fraternities; c. to harmonize sound traditions with advances in theological, pastoral, and legislative fields…

 • d. to contribute to the spreading of ideas and initiatives which are

• d. to contribute to the spreading of ideas and initiatives which are valuable for promoting the availability of Secular Franciscans … • e. to determine the orientations and establish priorities for the actions of its Presidency; • f. to interpret the Constitutions according to article 5, 2.

General Constitutions, article 72 • 1. The Presidency of the International Council of the

General Constitutions, article 72 • 1. The Presidency of the International Council of the SFO is composed of: • — the general minister; • — the vice‑minister; • — the presidency councilors; • — a member of the Franciscan Youth; • — the general assistants of the SFO.

 • 2. The presidency councilors are elected according to the international statutes, which

• 2. The presidency councilors are elected according to the international statutes, which determine their number and the areas represented.

General Constitutions, articles 98 -100 In Communion with the Franciscan Family

General Constitutions, articles 98 -100 In Communion with the Franciscan Family

n Living in communion means: n n live in life‑giving reciprocal communion with all

n Living in communion means: n n live in life‑giving reciprocal communion with all the members of the Franciscan family; Rule 1 Be ready to promote and/or participate in common initiatives with 1 st, 2 nd, & 3 rd Order religious, Secular Institutes and other lay church groups that recognize Francis as a model and inspiration –

To work together to spread the Gospel; n To remove the causes of marginalization;

To work together to spread the Gospel; n To remove the causes of marginalization; n n To serve the cause of peace. [G. C. 98. 1, 2]

Secular Franciscans are to live in full communion with the Pope and the bishops;

Secular Franciscans are to live in full communion with the Pope and the bishops; n They should know and deepen the doctrine of the teaching Church through its most important documents; n They should be attentive to the Holy Spirit; n They should collaborate in the initiatives promoted by the Holy See. n [G. C. 99. 1; Rule 6; Lumen Gentium, 12]

General Contitutions 99. 2 n The SFO is connected by a special bond to

General Contitutions 99. 2 n The SFO is connected by a special bond to the Roman Pontiff from whom it has received the approval of its Rule and the confirmation of its mission in the Church and in the world.

 • Secular Franciscans should love and live that union with their local Church,

• Secular Franciscans should love and live that union with their local Church, making themselves present within the life of the Diocese. [G. C. 100. 1, 100. 2, see c. 311]

 • Principle service to the Church: – Fidelity to their own charism; –

• Principle service to the Church: – Fidelity to their own charism; – Witness to building fraternity, sincerely and openly. • They should be recognized in it by their "being, " from which their mission springs. [G. C. 100. 3]

General Constitutions, article 45 • 1. The promotion of vocations to the Order is

General Constitutions, article 45 • 1. The promotion of vocations to the Order is a duty of all the brothers and sisters and is a sign of the vitality of the fraternities themselves. • The brothers and sisters, convinced of the validity of the Franciscan way of life, should pray that God may give the grace of the Franciscan vocation to new members.

 • 2. Although nothing can substitute for the witness of each member and

• 2. Although nothing can substitute for the witness of each member and of the fraternity, the councils must adopt appropriate means to promote the Secular Franciscan vocation.