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PART I: GOVERNANCE IN GENERAL
105. The Order of the Most Holy Trinity is a juridic person, legitimately constituted within the Church, which shares in the legislative, executive and juridical powers of the Church itself[1].
And so, the Order duly and effectively regulates and governs the life and activity of the whole brotherhood by means of its own laws and by the guidance of its legitimate authority.
106. Taking into account the principles of subsidiarity and corresponsibility, the Order’s concept of government and authority ensues from the Spirit of the Lord Jesus and from its connection with the sacred hierarchy, and attest to the Order’s unity and harmonious structure.
Governmental structure of the Order
107. With regard to its governmental structure, the Order of the Most Holy Trinity is composed of Brothers who are gathered together in a number of houses and who live the common life under the authority of the legitimately designated Minister of their house. The formal grouping of several houses under the same Superior is called a province. Also recognized in the Order are vice-province, vicariates, both general and provincial and houses immediately subject to the Minister General and his council.
All these designations or juridical entities can be ordinary or missionary.
108. For the canonical establishment of a house, the following requisites are to be observed:
-the good of the Church and the Order;
-the possibility of regularly living the religious life and the presence of conditions for fulfilling the goals and the spirit of the Order;
-the opportunity to engage in work and activities that conform to the specific character of the Order.
A canonical established house is recognized as a juridical person.
To establish a house pertains to the Minister Provincial, who needs the consent of his council and the previous written consent of the diocesan Bishop. The Minister General shall be notified of the establishment. To close a house pertains to the Minister General. Both the opening and the closing of a house shall be done in compliance with the prescriptions of the common laws of the Church and the particular laws of the Order[2].
109. The requirements for establishing a province or vice-province are the availability of the resources that are necessary for assuring the Order’s ability to fulfill its commitments and the determined number if houses and Brothers that is stipulated in our General Directory.
It is the domain of the general chapter to decide on the establishment, union, division and suppression of provinces, vice-province and general vicariates.
It is the responsibility of the general council to hear the interested parties and to prepare beforehand all particular law.
110. A canonically established province or vice-province is a juridic person and, within the framework of what is stipulated by law, it has the right:
a) to participate in the general chapter or congregation;
b) to hold a chapter;
c) to draw up its own statutes;
d) to decide on the establishment, union or suppression of a provincial vicariate, either ordinary or missionary, according to the norms of the General Directory and the provincial statutes;
e) to establish houses in its own jurisdiction and to request the suppression of houses by the Minister General;
f) to admit and to release religious, according to the norm of universal and particular law.
111. When conditions are met, a mission may be constituted as a vicariate, vice-province or missionary province, with its own statutes.
Laws and other norms of the Order
112. The General Constitutions, approved by the Apostolic See, constitute the Order’s fundamental code of norms by which the Trinitarian brotherhood is governed.
Their practical interpretation pertains to the general chapter; outside the chapter, however, and until it meets, it pertains to the general congregation and the general council. These juridical bodies also have the authority to dispense temporarily from the disciplinary regulations of the Constitutions in individual cases and for a just cause.
The authentic interpretation of the Constitutions is reserved to the Holy See, as likewise are additions or suppressions and modifications. Any of these constitutional changes can be effected only after two-thirds of the voting members of the general chapter petitioned for it.
113. The General Directory of the Order, drawn up by the authority of the general chapter, contains other norms that are binding for the entire Order. Guidelines for the interpretation, alteration, suppression and dispensation from these norms are given in the Directory itself.
114. Specific statutes can be drafted for individual provinces, regions, secretariats and similar groups. These statutes, however, must not contradict the general legislation and must be approved by legitimate authority.
115. By his profession in the Order, every Brother is bound to observe the evangelical counsels faithfully and fully. He is also bound to conform his life-style to the Constitutions and the other norms that constitute the legislation proper to the Order, thus striving toward attaining perfection in his state of life[3].
Authority in the Order and its duties
116. There are two types of authority in the Order:
a) Personal authority, which confers the power of jurisdiction. This authority pertains to governing offices on various levels, namely:
-Minister General
-Minister Provincial and Provincial-equivalent
-Local Minister
b) Collegial Authority, which pertains to the various levels of chapters, congregations and, in some instances, councils[4].
117. Authority, especially with regard to all that concerns the brotherhood, is a genuine form of service and ministry within the Order. By analogy with the pastoral office of the Church, this authority has the triple function of teaching, sanctifying and governing[5].
118. And so, within its proper competence and with the cooperation of the community over which it presides, authority in the Trinitarian Order is obliged:
a) to work in such a way that the Brothers, in union with the magisterium of the Church, have a through knowledge of and love for the consecrated life, the specific charism of the Order, its spirituality and patrimony;
b) to persistently foster one’s efforts towards attaining the perfection of charity, through the faithful observance of the vows, the living out of the spiritual life and a zealous involvement in the apostolate;
c) to pattern the life of community and of the individual Brothers according to the laws of the Order; to provide for the spiritual and material needs of the Brothers and communities; to foster mutual edification and to give testimony of living a life patterned on the Gospel.
119. These offices are considered as having the power of government in the Order:
a) The Minister General, the Minister Provincial, Vice-Minister Provincial, the local Minister and the Vicars of all the above-said offices;
b) The general councilors, the provincial councilors and the vice-provincial councilors.
The councilors, however, exercise their specific office not individually, but as forming a group of persons or, at times, a collegial body[6].
120. There are many other duties which do not confer jurisdiction in the Order but designate responsibilities or ministries to be performed within it.
Conferral and loss of offices
121. The conferral of offices that entail the power of government is effected by the election and the confirmation of the one elected. If there is a case of postulation, the conferral of office is done by admitting the person who is “postulated” among the eligible religious. In some particular cases, the conferral of office is done by compromise.
Any conferral of office must be done according to the law and in the form prescribed by the norms of common law, of the Constitutions and of the General Directory.
The conferral of offices that do not entail power of government is done in the manner that is prescribed in the General Directory.
122. To have active or passive voice in the conferral of offices, a religious must be a solemn professed member of the Order, unless it is stipulated otherwise for some particular case; he must possess all qualifications that are specified by the universal and our particular legislation.
123. For the valid conferral of the office of Minister General, Provincial and Provincial-equivalent, the recipient must be solemnly professed for ten years[7]. A Minister of a house, however, must be solemnly professed for the number of years specified in the General Directory.
124. In conferring offices, let the Brothers act with the right intention. Let them impartially elect or designate those who they are truly worthy and capable before the Lord. Also, let them avoid any direct or indirect procurement of votes for themselves or for others[8].
125. Offices conferred by elections should be help for a definite length of time. At their expiration those who help a particular office can be re-confirmed in the same office; however, after their second term, they can be re-elected only according to the directives given in the General Directory.
As stipulated by can. 833, 8, the Ministers, before assuming their office, must make the profession of faith in the presence of the president of the electing body, or his delegate, using the form approved by the Apostolic See.
The religious who have been designated to other offices will make their profession of faith whenever the General Directory so stipulates.
126. There is no office in the Order from which one cannot be removed. An office, in fact, can be lost by expiration of its predetermined duration, by resignation duly accepted, by removal and by deprivation[9].
Juridical manner of excercising authority
127. In order to act validly and licitly, a collegial authority is obliged to function in a collegial manner and in accord with the norms of the law. Personal authority is also to be exercised in accord with the norms of the law.
128. When the legislation states that a Superior needs the consent or the advice of some individual persons or collegial bodies to take a particular action, such consent must be obtained or the advice must be sought as the law stipulates in order that the Superior’s act be valid[10].
The pastoral duty of Superiors
129. To form a community of Brothers in Christ, a community in which the Brothers can actively pursue the fullness of charity according to the spirit and specific character of the Order, the Superiors must watch that the fervor of the spiritual life does not languish, but that it is constantly renewed and made ever more vibrant.
To attain this objective, it is very helpful to fulfill diligently the evangelical mandate of fraternal correction as well as the other recommendations that are suggested elsewhere in our legislation.
130. With evangelical charity, let the Brothers help a confrere who is in difficultly. If, indeed, they know that he is seriously delinquent, let the Brothers kindly and fraternally admonish and correct him for his own good and for of the brotherhood, as the Rule prescribes, and according to the words of the Gospel (cf. Matthew 18: 15). This precept obliges all, but in a special way those invested with authority (cf. Gal. 6, 1; Tm 5, 20).
131. Let the local Ministers, in private meetings with their Brothers and in communitarian celebrations, correct by means of exhortation and admonitions the faults of individuals and of the community, the abuses against the prescriptions of the laws and observances of the Order, and other reprehensible matters. The Major Superiors will do so especially during their pastoral visit.
132. If a Brother obstinately persists in his error or fault, let him be corrected or punished with the appropriate and effective remedies which are customary in the Order[11].
When, however, a case requires the application of ecclesiastical penalties, it is necessary to observe accurately the norms of common law, besides the Lord’s precept of charity.
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PART II: GOVERNANCE IN PARTICULAR
A) GENERAL GOVERNANCE
The general chapter
133. The general chapter is the supreme authority in the Order and the most eminent sign of the Brothers’ bond of charity and communion in resources and spirit. The general chapter is the universal assembly of the Order and involves the Brothers’ participation in the general elections, in deliberating and designating what promotes the welfare of the Order, in the special effort of safeguarding of the Order’s patrimony, in the fostering and updating of the Order’s renewal in accord with its charism, and in the enactment of norms that are binding for all members of the Order.
134. The general chapter shall be held every six years, possibly on the feast of the Most Holy Trinity, and it shall conform with all norms of the common law and of our own legislation.
135. The following religious have active voice in the general chapter:
-the Minister General,
-the General Councilors,
-the Ministers Provincial,
-the Vice-Provincial Ministers,
-the other solemn professed members specified in the General Directory. The number of these delegates shall not be inferior to the number of those who participate in the general chapter by right of their office.
136. The following elections are carried out in the General Chapter:
-the Minister General,
-the four General Councilors,
-the Vicar General,
-the Secretary General,
-the Procurator General.
137. For electing the Minister General, there will be five ballots. To be elected, a candidate must receive two-thirds of the votes in the first four ballots.
After the second inconclusive ballot, the candidates who runs for a third successive term as Minister General is excluded.
After the fourth inconclusive ballot, the capitulars shall vote on the two candidates who received the greater number of votes. If these are more than two, the capitulars shall vote on the two candidates who are the older by solemn profession or, if they were solemn professed at the same time, the capitulars shall vote on the two older by age.
On the fifth ballot, he is considered elected who received the absolute majority of the votes; in other words, elected is one who received the votes of the greater number of the voting members present, not counting the two final candidates, who could not vote.
If the two should receive the same number of votes, he shall be regarded as elected who is senior by solemn profession and, if they be equal with regard to profession, the senior by age.
In carrying out other elections and in handling chapter business, can. 119, 1 and 2, shall be respected.
138. After consulting with the provincial councils and obtaining the consent of his own council, the Minister General may convoke an extraordinary general chapter to deal with matters that are of great importance for the life of the Order and its work.
Whatever is said regarding the ordinary general chapter applies also to an extraordinary general chapter, with the exception of those particulars that are proper to the ordinary chapter.
The general congregation
139. The general congregation is a special assembly of the Order, whose functions are:
a) to review the plans and the resolutions that were made at the beginning of the sexennial term;
b) to provide for more effective and timely means which promote the good of the Order;
c) to promote contacts among the provinces and with the general curia, and to engage in fraternal discussions over the state of the whole Order;
d) to interpret the Constitutions while the congregation is in session, as it is stated at no. 112 of these Constitutions;
e) to accept registrations from general offices and to fill these vacancies by electing new officers in conformity with the norms of the law;
f) to address financial matters of major importance.
140. The general congregation is to be held once during the sexennial period and as often as the Minister General and his council deem it opportune.
The general congregation has deliberative powers and is conducted according to the directives of the General Directory.
141. The general congregation is composed of the Minister General, the general council, the Secretary and Procurator General, the Ministers Provincial, the Ministers that are equivalent to Provincials, the General treasurer and the Procurator General of Redemption.
The general council
142. The general council is composed of the Minister General and four councilors.
Its responsibility is to pay keen attention to what happens in the Church and the Order and to solicitously care for the common good of the entire Order, according to its given powers.
Moreover, the general council renders a valued help to the General in governing the Order by its diligent cooperation with him and, most of all, by giving him the consent or counsel required by law.
Outside the time of the general chapter and congregation, the general council has the highest executive and judicial power in the Order.
By the universal law of the Church and the particular law of the Order, many tasks belong to the general council per se and are to be discharged collegially.
Besides the responsibilities listed elsewhere, the following are enumerated here:
a) to issue, to revoke or to modify executive decrees for the whole Order or for part of it;
b) to interpret the Constitutions outside the time of chapters and congregations, as it is stated in n. 112, and to dispense from decrees of the general chapter in particular instances;
c) to act as the supreme tribunal of the Order;
d) to accept the resignations from general offices outside the time of general chapter or congregations and to fill vacancies in general offices that occur for any reason. While respecting n. 147 of the Constitutions, the general council may accept the resignation of the Minister General in accordance with n. 146 of these Constitutions;
e) to grant the various approvals and permissions that are stipulated by law.
143. The general council is governed by its own special statutes. The council shall have full membership for carrying out elections and for addressing matters which are regarded to be major importance in the judgment of the one presiding.
The Minister General
144. The Minister General has ordinary jurisdiction over all provinces, houses and members of the Order. His authority is exercised according to the norms of common law and of these Constitutions. The Brothers shall reverently obey him as the legitimate successor of our Holy Founder John.
Also, let the Minister General be the authentic model for his flock, and let him zealously and carefully attend to the good of the Order, its growth and prosperity; let him attentively ensure that the other Ministers faithfully fulfill their responsibilities and that they animate their religious by word and example in all that is good.
145. The Minister General will carry out his pastoral duty using those means that are most suited to the circumstances of the times. At least once during his sexennial term, he shall visit, personally or through a delegate, the provinces, the vice-provinces, the vicariates, the missions and their houses.
146. Outside the times of the general chapter and congregation, the full general council can accept the resignation of the Minister General after it has consulted the provincial councils.
Before proceeding further, let the document of resignation along with the judgment of the general council expressed by secret vote be sent to the Holy See for confirmation.
For the removal of the Minister General, besides the general councilors, all the Ministers Provincial must be summoned so that they may first examine the reasons and then make a collegial discernment about the removal, observing all prescriptions of the universal law and our own legislation.
Before execution, let the decree along with the reasons which prompted its issuance be sent to the Holy See for confirmation.
147. If the office of Minister General becomes vacant during the two years before the end of the sexennial term, the Vicar General assumes the government until the elective general chapter. However, the election of the substitute Vicar General shall be done in a general congregation to be held within five months. But if the vacancy should occur more than two years before the end of the sexennial term, the Vicar General will convoke a general congregation which elects a new Minister General whose mandate will last until the end of the current sexennial period.
The Vicar General
148. The Vicar General posseses those faculties which the Minister General saw opportune to delegate to him. He takes the place of the Minister General when he is absent or is prevented from carrying out his responsibilities.
If the Minister General should incur some long-lasting or serious disability, acknowledged as such by the council, the Vicar General governs the Order with full powers.
149. When the Vicar General is absent or prevented from carrying out his responsibilities, the General Councilors succeed him according to the priority of their election.
When the office of Vicar General becomes vacant, the general congregation will provide to fill the vacancy; outside the time of the general congregation, the general council will provide for it.
The Secretary General and Procurator General
150. In addition to the tasks assigned to him by the general council, the Secretary General’s duty is to record all businesses and transactions of the general council and to sign documents and acts.
The Procurator General attends to the Order’s affairs with the Holy See.
The Procurator of the Redemption, following the tradition of the Order, works in the coordination of redemptive charity towards those persecuted because of their faith in Christ, counting also on the collaboration of members of the Trinitarian family, benefactors and other persons of good will, according to n. 67 of these Constitutions.
151. Other duties can be established by the general chapter or general council on a permanent or temporary basis, as circumstances may require.
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B) PROVINCIAL GOVERNANCE
The provincial chapter
152. The provincial chapter is the assembly of the Brothers representing the whole province, which gathers in fellowship of spirit and life to discuss the welfare, the progress and the growth of the province and of individual houses. The provincial chapter also explores the best means for achieving those goals and carries out the provincial elections.
153. A provincial chapter shall be held every three years. It is regulated by common law, by these Constitutions and by the particular statutes which were enacted by the provincial chapter itself and approved by the general council.
The following elections are performed by the provincial chapter:
-the Minister Provincial,
-the Provincial Councilors,
-the Vicar Provincial,
-the Secretary Provincial,
-the other officers, as stipulated by the statutes of each province.
154. Whatever concerns the time, the manner and the preparation for conducting the provincial chapter is determined by the provincial statutes and the norms given in the General Directory.
155. These have active voice in the provincial chapter:
a) the Minister General or his delegate;
b) the Minister Provincial and the Provincial Councilors;
c) the newly elected Minister Provincial;
d) the Secretary Provincial;
e) the Minister of a provincial vicariate or his delegate;
f) the Minister of a missionary vicariate or his delegate;
g) the other voting members, according to the statutes of the province;
h) the delegate elected according to the statutes of each province whose number is at least equal to the number of voting members designated by law;
i) finally, the newly elected in the chapter itself, if they wish to participate.
156. An extraordinary provincial chapter can be convoked by the Minister Provincial if the council should so decide, having listened to the Ministers of the houses and having advised the Minister General.
157. If the provincial statutes so stipulate, a provincial congregation can be established. The statutes will, likewise, determine who participates in it, how often it shall be held, and when.
The provincial council
158. The provincial council is composed of the Minister Provincial and four provincial councilors.
The responsibility of the council is to consistently appraise and carefully provide for whatever pertains to the spiritual and material welfare of the whole province and of the individual houses, whatever pertains to the religious life and the apostolic activity, and especially whatever refers to the formation of the Brothers.
By universal law and the Order’s particular legislation, several tasks pertain to the provincial council as such and are to be performed collegially. There are:
a) to issue executive decrees for the whole province or for a part of it, and to modify or revoke them, observing common law and that of the Order;
b) to interpret the statutes of the province outside the chapter;
c) to carry out the elections which are mandated to the Council, and to accept or refuse resignations;
d) to accept resignations from provincial offices and duties outside the time of the chapter and congregation, and to provide for vacancies that occur for any reason, unless the law provides otherwise;
e) to grant the approvals and permissions stated by law;
f) to act as the tribunal of the province;
g) finally, to convoke the provincial chapter after advising the Minister General, and to determine the place and time of its meeting.
159. In addition, the council provides a constant service to the Minister Provincial in the government the province, by giving its counsel or consent, as required by law.
160. The provincial council shall have full membership whenever it carries out elections and attends to matters which are regarded as being of major importance in the judgment of the one presiding.
The Minister Provincial
161. The Minister Provincial enjoys ordinary power to be exercised to the Constitutions over all houses and Brothers of the province entrusted to him.
Indeed, sincerely becoming a model for the flock, he is bound to take care with great solicitude that the spirit and authentic life of the Order are lived and flourish in all houses of the province and that the observance of the law is maintained.
Moreover, he is bound to foster the good of individuals and the growth of the whole province and to promote earnestly apostolic activities.
162. The Minister Provincial is first of all and by his own office the animator of the province, and he exercises his pastoral responsibility in a spirit of fraternity and service, using means which best meet the needs of the houses and of the Brothers.
He shall visit the houses of the province, personally or through a delegate, et least each year, but a provincial vicariate and mission entrusted to the province at least once during the triennial period.
163. Outside the chapter, the resignation of a Minister Provincial can be accepted by the Minister General with the consent of his council, after listening to the provincial council.
164 If the office of Minister Provincial becomes vacant during the last year before the end of the term, the Vicar Provincial assumes the province’s government until the ordinary provincial chapter.
If, however, the vacancy happens more than one year before the end of the term, the Vicar Provincial shall convoke a provincial congregation or, if there is no provincial congregation in the province, he shall convoke an extraordinary provincial chapter, whose responsibility is to elect a new Minister Provincial and, if the case warrants it, a new Vicar or councilor provincial. The office of the newly elected Minister Provincial will last until the end of the current triennial mandate.
The Vicar Provincial and the Secretary Provincial
165. The Vicar Provincial administers the Province when the Minister Provincial is absent or prevented from carrying out his responsibilities. The Vicar Provincial enjoys the juridical faculties which the Minister Provincial saw it opportune to delegate to him.
In case, however, of a long-lasting or serious disability of the Minister Provincial, acknowledged and declared as such by the council, the Vicar Provincial enjoys all juridical powers.
166. When the Vicar Provincial is absent or prevented from carrying out his responsibility, the councilors succeed him according to the priority of their elections.
167. Besides the other tasks that are assigned to the secretary by the provincial council and by the provincial statutes, the duty of the provincial secretary is to record all discussions and transactions of the provincial council, to gather all information and documentation pertinent to the houses and Brothers of the province and to orderly file them in the archives.
168. Other permanent or temporary duties can be established by the provincial chapter or the council for given situations. The conferral of these duties shall be effected according to the norms of the General Directory and of the statutes of each province.
Vice-Province and Vicariate
169.With the proper exceptions indicated at their place, whatever has been stated about the government of provinces applies also to the government of vice-provinces.
170. A general or provincial vicariate or a mission – which are governed by Ministers who are equivalent to Provincials and have same rights and obligations as Ministers Provincial – have their own council and are governed by the norms of these Constitutions, of the General Directory and of their own particular statutes.
C) LOCAL GOVERNANCE
The house chapter
171. The house chapter is the gathering of the Brothers of a Trinitarian community which constitutes a single family and house. The responsibilities of the house chapter are:
-to confer and deliberate about matters that concern the common, spiritual and apostolic life;
-to foster harmony and cooperation among the individual Brothers, so that, through fraternal dialogue, the endeavors of the community are better cared for and any new undertaking is evaluated in common.
172. Moreover, it pertains to the house chapter:
a) to elect, according to the norms of the provincial statutes:
-the Vicar,
-two councilors,
-the secretary,
-the treasurer;
b) to assign other duties that may be necessary for the life and the apostolate of the community.
173. With the exception of guest, all solemn professed Brothers take part in the chapter and have the right of voting. The other Brothers shall be heard as often as it should be suitable.
The Local Minister
174. Sincerely becoming the model for his flock, the Minister is the animator of the spiritual and apostolic life of the community. Together with his Brothers, he works to build a fraternal community in Christ, a community in which all the Brothers are bonded and share in the common effort to bear witness to our Trinitarian way of life by their unity and charity, by their spirit and activities.
He shall be elected according to the norms of the statutes of each province
175. The Minister has ordinary jurisdiction over the Brothers of his community and, according to the Order’s legislation, animates the life and work of the Brothers by his knowledge and example.
The Vicar, councilors and secretary
176. The house Vicar assists the Minister in governing the house; he takes the place of the Minister when the Minister is absent or is hindered from carrying out his responsibilities.
When the Vicar is absent, the senior religious by solemn profession governs the house, unless the provincial statutes stipulate otherwise.
177. The councilors assist the Minister and frequently confer with him about the life and activities of the community; they will diligently review the books of the house before signing them.
178. The duty of the conventual secretary is to record the business of the community, to write up the annals, to maintain the archives in order, to compile the statistics and draw up the inventory of the community.
Governance of smaller houses
179. It is the responsibility of the General Directory and of the provincial statutes to establish the particular form of life to be lived in houses that have a reduced number of religious, so that the religious life may be lived according to the spirit and the fundamental requirements of a Trinitarian community and at the same time suit the circumstances of the particular houses[12].
In these houses, all the religious of the community form the Minister’s council.
105. The Order of the Most Holy Trinity is a juridic person, legitimately constituted within the Church, which shares in the legislative, executive and juridical powers of the Church itself[1].
And so, the Order duly and effectively regulates and governs the life and activity of the whole brotherhood by means of its own laws and by the guidance of its legitimate authority.
106. Taking into account the principles of subsidiarity and corresponsibility, the Order’s concept of government and authority ensues from the Spirit of the Lord Jesus and from its connection with the sacred hierarchy, and attest to the Order’s unity and harmonious structure.
Governmental structure of the Order
107. With regard to its governmental structure, the Order of the Most Holy Trinity is composed of Brothers who are gathered together in a number of houses and who live the common life under the authority of the legitimately designated Minister of their house. The formal grouping of several houses under the same Superior is called a province. Also recognized in the Order are vice-province, vicariates, both general and provincial and houses immediately subject to the Minister General and his council.
All these designations or juridical entities can be ordinary or missionary.
108. For the canonical establishment of a house, the following requisites are to be observed:
-the good of the Church and the Order;
-the possibility of regularly living the religious life and the presence of conditions for fulfilling the goals and the spirit of the Order;
-the opportunity to engage in work and activities that conform to the specific character of the Order.
A canonical established house is recognized as a juridical person.
To establish a house pertains to the Minister Provincial, who needs the consent of his council and the previous written consent of the diocesan Bishop. The Minister General shall be notified of the establishment. To close a house pertains to the Minister General. Both the opening and the closing of a house shall be done in compliance with the prescriptions of the common laws of the Church and the particular laws of the Order[2].
109. The requirements for establishing a province or vice-province are the availability of the resources that are necessary for assuring the Order’s ability to fulfill its commitments and the determined number if houses and Brothers that is stipulated in our General Directory.
It is the domain of the general chapter to decide on the establishment, union, division and suppression of provinces, vice-province and general vicariates.
It is the responsibility of the general council to hear the interested parties and to prepare beforehand all particular law.
110. A canonically established province or vice-province is a juridic person and, within the framework of what is stipulated by law, it has the right:
a) to participate in the general chapter or congregation;
b) to hold a chapter;
c) to draw up its own statutes;
d) to decide on the establishment, union or suppression of a provincial vicariate, either ordinary or missionary, according to the norms of the General Directory and the provincial statutes;
e) to establish houses in its own jurisdiction and to request the suppression of houses by the Minister General;
f) to admit and to release religious, according to the norm of universal and particular law.
111. When conditions are met, a mission may be constituted as a vicariate, vice-province or missionary province, with its own statutes.
Laws and other norms of the Order
112. The General Constitutions, approved by the Apostolic See, constitute the Order’s fundamental code of norms by which the Trinitarian brotherhood is governed.
Their practical interpretation pertains to the general chapter; outside the chapter, however, and until it meets, it pertains to the general congregation and the general council. These juridical bodies also have the authority to dispense temporarily from the disciplinary regulations of the Constitutions in individual cases and for a just cause.
The authentic interpretation of the Constitutions is reserved to the Holy See, as likewise are additions or suppressions and modifications. Any of these constitutional changes can be effected only after two-thirds of the voting members of the general chapter petitioned for it.
113. The General Directory of the Order, drawn up by the authority of the general chapter, contains other norms that are binding for the entire Order. Guidelines for the interpretation, alteration, suppression and dispensation from these norms are given in the Directory itself.
114. Specific statutes can be drafted for individual provinces, regions, secretariats and similar groups. These statutes, however, must not contradict the general legislation and must be approved by legitimate authority.
115. By his profession in the Order, every Brother is bound to observe the evangelical counsels faithfully and fully. He is also bound to conform his life-style to the Constitutions and the other norms that constitute the legislation proper to the Order, thus striving toward attaining perfection in his state of life[3].
Authority in the Order and its duties
116. There are two types of authority in the Order:
a) Personal authority, which confers the power of jurisdiction. This authority pertains to governing offices on various levels, namely:
-Minister General
-Minister Provincial and Provincial-equivalent
-Local Minister
b) Collegial Authority, which pertains to the various levels of chapters, congregations and, in some instances, councils[4].
117. Authority, especially with regard to all that concerns the brotherhood, is a genuine form of service and ministry within the Order. By analogy with the pastoral office of the Church, this authority has the triple function of teaching, sanctifying and governing[5].
118. And so, within its proper competence and with the cooperation of the community over which it presides, authority in the Trinitarian Order is obliged:
a) to work in such a way that the Brothers, in union with the magisterium of the Church, have a through knowledge of and love for the consecrated life, the specific charism of the Order, its spirituality and patrimony;
b) to persistently foster one’s efforts towards attaining the perfection of charity, through the faithful observance of the vows, the living out of the spiritual life and a zealous involvement in the apostolate;
c) to pattern the life of community and of the individual Brothers according to the laws of the Order; to provide for the spiritual and material needs of the Brothers and communities; to foster mutual edification and to give testimony of living a life patterned on the Gospel.
119. These offices are considered as having the power of government in the Order:
a) The Minister General, the Minister Provincial, Vice-Minister Provincial, the local Minister and the Vicars of all the above-said offices;
b) The general councilors, the provincial councilors and the vice-provincial councilors.
The councilors, however, exercise their specific office not individually, but as forming a group of persons or, at times, a collegial body[6].
120. There are many other duties which do not confer jurisdiction in the Order but designate responsibilities or ministries to be performed within it.
Conferral and loss of offices
121. The conferral of offices that entail the power of government is effected by the election and the confirmation of the one elected. If there is a case of postulation, the conferral of office is done by admitting the person who is “postulated” among the eligible religious. In some particular cases, the conferral of office is done by compromise.
Any conferral of office must be done according to the law and in the form prescribed by the norms of common law, of the Constitutions and of the General Directory.
The conferral of offices that do not entail power of government is done in the manner that is prescribed in the General Directory.
122. To have active or passive voice in the conferral of offices, a religious must be a solemn professed member of the Order, unless it is stipulated otherwise for some particular case; he must possess all qualifications that are specified by the universal and our particular legislation.
123. For the valid conferral of the office of Minister General, Provincial and Provincial-equivalent, the recipient must be solemnly professed for ten years[7]. A Minister of a house, however, must be solemnly professed for the number of years specified in the General Directory.
124. In conferring offices, let the Brothers act with the right intention. Let them impartially elect or designate those who they are truly worthy and capable before the Lord. Also, let them avoid any direct or indirect procurement of votes for themselves or for others[8].
125. Offices conferred by elections should be help for a definite length of time. At their expiration those who help a particular office can be re-confirmed in the same office; however, after their second term, they can be re-elected only according to the directives given in the General Directory.
As stipulated by can. 833, 8, the Ministers, before assuming their office, must make the profession of faith in the presence of the president of the electing body, or his delegate, using the form approved by the Apostolic See.
The religious who have been designated to other offices will make their profession of faith whenever the General Directory so stipulates.
126. There is no office in the Order from which one cannot be removed. An office, in fact, can be lost by expiration of its predetermined duration, by resignation duly accepted, by removal and by deprivation[9].
Juridical manner of excercising authority
127. In order to act validly and licitly, a collegial authority is obliged to function in a collegial manner and in accord with the norms of the law. Personal authority is also to be exercised in accord with the norms of the law.
128. When the legislation states that a Superior needs the consent or the advice of some individual persons or collegial bodies to take a particular action, such consent must be obtained or the advice must be sought as the law stipulates in order that the Superior’s act be valid[10].
The pastoral duty of Superiors
129. To form a community of Brothers in Christ, a community in which the Brothers can actively pursue the fullness of charity according to the spirit and specific character of the Order, the Superiors must watch that the fervor of the spiritual life does not languish, but that it is constantly renewed and made ever more vibrant.
To attain this objective, it is very helpful to fulfill diligently the evangelical mandate of fraternal correction as well as the other recommendations that are suggested elsewhere in our legislation.
130. With evangelical charity, let the Brothers help a confrere who is in difficultly. If, indeed, they know that he is seriously delinquent, let the Brothers kindly and fraternally admonish and correct him for his own good and for of the brotherhood, as the Rule prescribes, and according to the words of the Gospel (cf. Matthew 18: 15). This precept obliges all, but in a special way those invested with authority (cf. Gal. 6, 1; Tm 5, 20).
131. Let the local Ministers, in private meetings with their Brothers and in communitarian celebrations, correct by means of exhortation and admonitions the faults of individuals and of the community, the abuses against the prescriptions of the laws and observances of the Order, and other reprehensible matters. The Major Superiors will do so especially during their pastoral visit.
132. If a Brother obstinately persists in his error or fault, let him be corrected or punished with the appropriate and effective remedies which are customary in the Order[11].
When, however, a case requires the application of ecclesiastical penalties, it is necessary to observe accurately the norms of common law, besides the Lord’s precept of charity.
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PART II: GOVERNANCE IN PARTICULAR
A) GENERAL GOVERNANCE
The general chapter
133. The general chapter is the supreme authority in the Order and the most eminent sign of the Brothers’ bond of charity and communion in resources and spirit. The general chapter is the universal assembly of the Order and involves the Brothers’ participation in the general elections, in deliberating and designating what promotes the welfare of the Order, in the special effort of safeguarding of the Order’s patrimony, in the fostering and updating of the Order’s renewal in accord with its charism, and in the enactment of norms that are binding for all members of the Order.
134. The general chapter shall be held every six years, possibly on the feast of the Most Holy Trinity, and it shall conform with all norms of the common law and of our own legislation.
135. The following religious have active voice in the general chapter:
-the Minister General,
-the General Councilors,
-the Ministers Provincial,
-the Vice-Provincial Ministers,
-the other solemn professed members specified in the General Directory. The number of these delegates shall not be inferior to the number of those who participate in the general chapter by right of their office.
136. The following elections are carried out in the General Chapter:
-the Minister General,
-the four General Councilors,
-the Vicar General,
-the Secretary General,
-the Procurator General.
137. For electing the Minister General, there will be five ballots. To be elected, a candidate must receive two-thirds of the votes in the first four ballots.
After the second inconclusive ballot, the candidates who runs for a third successive term as Minister General is excluded.
After the fourth inconclusive ballot, the capitulars shall vote on the two candidates who received the greater number of votes. If these are more than two, the capitulars shall vote on the two candidates who are the older by solemn profession or, if they were solemn professed at the same time, the capitulars shall vote on the two older by age.
On the fifth ballot, he is considered elected who received the absolute majority of the votes; in other words, elected is one who received the votes of the greater number of the voting members present, not counting the two final candidates, who could not vote.
If the two should receive the same number of votes, he shall be regarded as elected who is senior by solemn profession and, if they be equal with regard to profession, the senior by age.
In carrying out other elections and in handling chapter business, can. 119, 1 and 2, shall be respected.
138. After consulting with the provincial councils and obtaining the consent of his own council, the Minister General may convoke an extraordinary general chapter to deal with matters that are of great importance for the life of the Order and its work.
Whatever is said regarding the ordinary general chapter applies also to an extraordinary general chapter, with the exception of those particulars that are proper to the ordinary chapter.
The general congregation
139. The general congregation is a special assembly of the Order, whose functions are:
a) to review the plans and the resolutions that were made at the beginning of the sexennial term;
b) to provide for more effective and timely means which promote the good of the Order;
c) to promote contacts among the provinces and with the general curia, and to engage in fraternal discussions over the state of the whole Order;
d) to interpret the Constitutions while the congregation is in session, as it is stated at no. 112 of these Constitutions;
e) to accept registrations from general offices and to fill these vacancies by electing new officers in conformity with the norms of the law;
f) to address financial matters of major importance.
140. The general congregation is to be held once during the sexennial period and as often as the Minister General and his council deem it opportune.
The general congregation has deliberative powers and is conducted according to the directives of the General Directory.
141. The general congregation is composed of the Minister General, the general council, the Secretary and Procurator General, the Ministers Provincial, the Ministers that are equivalent to Provincials, the General treasurer and the Procurator General of Redemption.
The general council
142. The general council is composed of the Minister General and four councilors.
Its responsibility is to pay keen attention to what happens in the Church and the Order and to solicitously care for the common good of the entire Order, according to its given powers.
Moreover, the general council renders a valued help to the General in governing the Order by its diligent cooperation with him and, most of all, by giving him the consent or counsel required by law.
Outside the time of the general chapter and congregation, the general council has the highest executive and judicial power in the Order.
By the universal law of the Church and the particular law of the Order, many tasks belong to the general council per se and are to be discharged collegially.
Besides the responsibilities listed elsewhere, the following are enumerated here:
a) to issue, to revoke or to modify executive decrees for the whole Order or for part of it;
b) to interpret the Constitutions outside the time of chapters and congregations, as it is stated in n. 112, and to dispense from decrees of the general chapter in particular instances;
c) to act as the supreme tribunal of the Order;
d) to accept the resignations from general offices outside the time of general chapter or congregations and to fill vacancies in general offices that occur for any reason. While respecting n. 147 of the Constitutions, the general council may accept the resignation of the Minister General in accordance with n. 146 of these Constitutions;
e) to grant the various approvals and permissions that are stipulated by law.
143. The general council is governed by its own special statutes. The council shall have full membership for carrying out elections and for addressing matters which are regarded to be major importance in the judgment of the one presiding.
The Minister General
144. The Minister General has ordinary jurisdiction over all provinces, houses and members of the Order. His authority is exercised according to the norms of common law and of these Constitutions. The Brothers shall reverently obey him as the legitimate successor of our Holy Founder John.
Also, let the Minister General be the authentic model for his flock, and let him zealously and carefully attend to the good of the Order, its growth and prosperity; let him attentively ensure that the other Ministers faithfully fulfill their responsibilities and that they animate their religious by word and example in all that is good.
145. The Minister General will carry out his pastoral duty using those means that are most suited to the circumstances of the times. At least once during his sexennial term, he shall visit, personally or through a delegate, the provinces, the vice-provinces, the vicariates, the missions and their houses.
146. Outside the times of the general chapter and congregation, the full general council can accept the resignation of the Minister General after it has consulted the provincial councils.
Before proceeding further, let the document of resignation along with the judgment of the general council expressed by secret vote be sent to the Holy See for confirmation.
For the removal of the Minister General, besides the general councilors, all the Ministers Provincial must be summoned so that they may first examine the reasons and then make a collegial discernment about the removal, observing all prescriptions of the universal law and our own legislation.
Before execution, let the decree along with the reasons which prompted its issuance be sent to the Holy See for confirmation.
147. If the office of Minister General becomes vacant during the two years before the end of the sexennial term, the Vicar General assumes the government until the elective general chapter. However, the election of the substitute Vicar General shall be done in a general congregation to be held within five months. But if the vacancy should occur more than two years before the end of the sexennial term, the Vicar General will convoke a general congregation which elects a new Minister General whose mandate will last until the end of the current sexennial period.
The Vicar General
148. The Vicar General posseses those faculties which the Minister General saw opportune to delegate to him. He takes the place of the Minister General when he is absent or is prevented from carrying out his responsibilities.
If the Minister General should incur some long-lasting or serious disability, acknowledged as such by the council, the Vicar General governs the Order with full powers.
149. When the Vicar General is absent or prevented from carrying out his responsibilities, the General Councilors succeed him according to the priority of their election.
When the office of Vicar General becomes vacant, the general congregation will provide to fill the vacancy; outside the time of the general congregation, the general council will provide for it.
The Secretary General and Procurator General
150. In addition to the tasks assigned to him by the general council, the Secretary General’s duty is to record all businesses and transactions of the general council and to sign documents and acts.
The Procurator General attends to the Order’s affairs with the Holy See.
The Procurator of the Redemption, following the tradition of the Order, works in the coordination of redemptive charity towards those persecuted because of their faith in Christ, counting also on the collaboration of members of the Trinitarian family, benefactors and other persons of good will, according to n. 67 of these Constitutions.
151. Other duties can be established by the general chapter or general council on a permanent or temporary basis, as circumstances may require.
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B) PROVINCIAL GOVERNANCE
The provincial chapter
152. The provincial chapter is the assembly of the Brothers representing the whole province, which gathers in fellowship of spirit and life to discuss the welfare, the progress and the growth of the province and of individual houses. The provincial chapter also explores the best means for achieving those goals and carries out the provincial elections.
153. A provincial chapter shall be held every three years. It is regulated by common law, by these Constitutions and by the particular statutes which were enacted by the provincial chapter itself and approved by the general council.
The following elections are performed by the provincial chapter:
-the Minister Provincial,
-the Provincial Councilors,
-the Vicar Provincial,
-the Secretary Provincial,
-the other officers, as stipulated by the statutes of each province.
154. Whatever concerns the time, the manner and the preparation for conducting the provincial chapter is determined by the provincial statutes and the norms given in the General Directory.
155. These have active voice in the provincial chapter:
a) the Minister General or his delegate;
b) the Minister Provincial and the Provincial Councilors;
c) the newly elected Minister Provincial;
d) the Secretary Provincial;
e) the Minister of a provincial vicariate or his delegate;
f) the Minister of a missionary vicariate or his delegate;
g) the other voting members, according to the statutes of the province;
h) the delegate elected according to the statutes of each province whose number is at least equal to the number of voting members designated by law;
i) finally, the newly elected in the chapter itself, if they wish to participate.
156. An extraordinary provincial chapter can be convoked by the Minister Provincial if the council should so decide, having listened to the Ministers of the houses and having advised the Minister General.
157. If the provincial statutes so stipulate, a provincial congregation can be established. The statutes will, likewise, determine who participates in it, how often it shall be held, and when.
The provincial council
158. The provincial council is composed of the Minister Provincial and four provincial councilors.
The responsibility of the council is to consistently appraise and carefully provide for whatever pertains to the spiritual and material welfare of the whole province and of the individual houses, whatever pertains to the religious life and the apostolic activity, and especially whatever refers to the formation of the Brothers.
By universal law and the Order’s particular legislation, several tasks pertain to the provincial council as such and are to be performed collegially. There are:
a) to issue executive decrees for the whole province or for a part of it, and to modify or revoke them, observing common law and that of the Order;
b) to interpret the statutes of the province outside the chapter;
c) to carry out the elections which are mandated to the Council, and to accept or refuse resignations;
d) to accept resignations from provincial offices and duties outside the time of the chapter and congregation, and to provide for vacancies that occur for any reason, unless the law provides otherwise;
e) to grant the approvals and permissions stated by law;
f) to act as the tribunal of the province;
g) finally, to convoke the provincial chapter after advising the Minister General, and to determine the place and time of its meeting.
159. In addition, the council provides a constant service to the Minister Provincial in the government the province, by giving its counsel or consent, as required by law.
160. The provincial council shall have full membership whenever it carries out elections and attends to matters which are regarded as being of major importance in the judgment of the one presiding.
The Minister Provincial
161. The Minister Provincial enjoys ordinary power to be exercised to the Constitutions over all houses and Brothers of the province entrusted to him.
Indeed, sincerely becoming a model for the flock, he is bound to take care with great solicitude that the spirit and authentic life of the Order are lived and flourish in all houses of the province and that the observance of the law is maintained.
Moreover, he is bound to foster the good of individuals and the growth of the whole province and to promote earnestly apostolic activities.
162. The Minister Provincial is first of all and by his own office the animator of the province, and he exercises his pastoral responsibility in a spirit of fraternity and service, using means which best meet the needs of the houses and of the Brothers.
He shall visit the houses of the province, personally or through a delegate, et least each year, but a provincial vicariate and mission entrusted to the province at least once during the triennial period.
163. Outside the chapter, the resignation of a Minister Provincial can be accepted by the Minister General with the consent of his council, after listening to the provincial council.
164 If the office of Minister Provincial becomes vacant during the last year before the end of the term, the Vicar Provincial assumes the province’s government until the ordinary provincial chapter.
If, however, the vacancy happens more than one year before the end of the term, the Vicar Provincial shall convoke a provincial congregation or, if there is no provincial congregation in the province, he shall convoke an extraordinary provincial chapter, whose responsibility is to elect a new Minister Provincial and, if the case warrants it, a new Vicar or councilor provincial. The office of the newly elected Minister Provincial will last until the end of the current triennial mandate.
The Vicar Provincial and the Secretary Provincial
165. The Vicar Provincial administers the Province when the Minister Provincial is absent or prevented from carrying out his responsibilities. The Vicar Provincial enjoys the juridical faculties which the Minister Provincial saw it opportune to delegate to him.
In case, however, of a long-lasting or serious disability of the Minister Provincial, acknowledged and declared as such by the council, the Vicar Provincial enjoys all juridical powers.
166. When the Vicar Provincial is absent or prevented from carrying out his responsibility, the councilors succeed him according to the priority of their elections.
167. Besides the other tasks that are assigned to the secretary by the provincial council and by the provincial statutes, the duty of the provincial secretary is to record all discussions and transactions of the provincial council, to gather all information and documentation pertinent to the houses and Brothers of the province and to orderly file them in the archives.
168. Other permanent or temporary duties can be established by the provincial chapter or the council for given situations. The conferral of these duties shall be effected according to the norms of the General Directory and of the statutes of each province.
Vice-Province and Vicariate
169.With the proper exceptions indicated at their place, whatever has been stated about the government of provinces applies also to the government of vice-provinces.
170. A general or provincial vicariate or a mission – which are governed by Ministers who are equivalent to Provincials and have same rights and obligations as Ministers Provincial – have their own council and are governed by the norms of these Constitutions, of the General Directory and of their own particular statutes.
C) LOCAL GOVERNANCE
The house chapter
171. The house chapter is the gathering of the Brothers of a Trinitarian community which constitutes a single family and house. The responsibilities of the house chapter are:
-to confer and deliberate about matters that concern the common, spiritual and apostolic life;
-to foster harmony and cooperation among the individual Brothers, so that, through fraternal dialogue, the endeavors of the community are better cared for and any new undertaking is evaluated in common.
172. Moreover, it pertains to the house chapter:
a) to elect, according to the norms of the provincial statutes:
-the Vicar,
-two councilors,
-the secretary,
-the treasurer;
b) to assign other duties that may be necessary for the life and the apostolate of the community.
173. With the exception of guest, all solemn professed Brothers take part in the chapter and have the right of voting. The other Brothers shall be heard as often as it should be suitable.
The Local Minister
174. Sincerely becoming the model for his flock, the Minister is the animator of the spiritual and apostolic life of the community. Together with his Brothers, he works to build a fraternal community in Christ, a community in which all the Brothers are bonded and share in the common effort to bear witness to our Trinitarian way of life by their unity and charity, by their spirit and activities.
He shall be elected according to the norms of the statutes of each province
175. The Minister has ordinary jurisdiction over the Brothers of his community and, according to the Order’s legislation, animates the life and work of the Brothers by his knowledge and example.
The Vicar, councilors and secretary
176. The house Vicar assists the Minister in governing the house; he takes the place of the Minister when the Minister is absent or is hindered from carrying out his responsibilities.
When the Vicar is absent, the senior religious by solemn profession governs the house, unless the provincial statutes stipulate otherwise.
177. The councilors assist the Minister and frequently confer with him about the life and activities of the community; they will diligently review the books of the house before signing them.
178. The duty of the conventual secretary is to record the business of the community, to write up the annals, to maintain the archives in order, to compile the statistics and draw up the inventory of the community.
Governance of smaller houses
179. It is the responsibility of the General Directory and of the provincial statutes to establish the particular form of life to be lived in houses that have a reduced number of religious, so that the religious life may be lived according to the spirit and the fundamental requirements of a Trinitarian community and at the same time suit the circumstances of the particular houses[12].
In these houses, all the religious of the community form the Minister’s council.