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Letters of approval

STATUTES FOR THE SPIRITUAL AND PASTORAL ASSISTANCE TO THE SECULAR FRANCISCAN ORDER

Title I: General Principles
Title II: Assistance to the SFO according to the structures of the First Order and TOR
A. General assistance to the SFO
1. The Ministers General
2. The General Assistants
B. Provincial assistance to the SFO
1. The Ministers Provincial 2. The Provincial Assistants 3. The Local Assistants 4. The Animators
Title III: Assistance to the SFO according to the structures of the SFO
A. To the international fraternity
B. To the national fraternities
C. To the regional fraternities
D. To the local fraternities

STATUTES FOR THE SPIRITUAL AND PASTORAL ASSISTANCE TO THE SECULAR FRANCISCAN ORDER

Title I:
General Principles

  1. 1The Franciscan First Order and Third Order Regular (TOR) have close relations with the Secular Franciscan Order (SFO), all of whom are called to follow Christ in the footsteps of St. Francis of Assisi (see SFO Rule 1; SFO Constitutions 85.1; hereafter these two documents will be referred to simply as Rule and Const. respectively).
    2That vital reciprocity which arises from belonging to the same family, although in various forms, does in fact exist and should continue to be developed among the religious and the seculars.
  2. 1The pastoral and spiritual care of the SFO is entrusted by the Church to the First Order and TOR in line with a long tradition.2It entails a double service:
    --3the exercise of the "-altius moderamen-" on the part of the major Superiors (see Code of Canon Law (CCL) 303);
    --4the fraternal service of spiritual and pastoral animation of the fraternities and their councils.*
    * --------------------
    See Const. 85.2
    It is clearly evident from Franciscan history and from the Constitutions of the First Order and TOR that these Orders, on the basis of their common origin and charism and by the will of the Church, recognize themselves as committed to the spiritual and pastoral assistance to the SFO. See OFM Const. 61; OFM Conv. Const. 116; 133.1-2; OFM Cap. Const. 95; TOR Const. 157; General Statutes of: OFM 27; OFM Conv. 51-55; TOR 109-114. See also the Rule of the Third Order approved by Leo XIII, no. 3.3 and the Rule approved by Paul VI, no. 26.
    --------------------
  3. 1The aim of assistance is to:
    --2foster the communion with the Church, guaranteeing the integrity of the faith and ecclesiastical discipline (see CCL 305; Const. 85.2);
    --3give witness to religious Franciscan spirituality, the fraternal affection of the friars for the SFO and of the bond of communion among all the followers of St. Francis (see Const. 89.3);
    --4cooperate in the initial and continuing formation of the brothers and sisters of the SFO ( Const. 89.4);
    --5further Christian life trough the pastoral and sacramental service to the fraternities (see Const. 91.3).
  4. 1Assistance is to be exercised according to the present Statutes, common to the four religious Orders (OFM, OFM Conv., OFMCap., TOR).2This service is to be carried out collegially at all levels above that of the local (see Const. 87.1; 88; 90.1-4).
  5. Assistance is a valid help but is not a substitute for the responsibility of the secular ministers and councils in the guidance, coordination and animation of the fraternities (see Const. 86.2).
  6. *1In light of the "-altius moderamen-" the Ministers General and Ministers Provincial of the First Order and TOR have the responsibility to guarantee:
    --2the fidelity of the SFO to the Franciscan charism;
    --3its communion with the Church;
    --4its union with the Franciscan family ( Const. 85.2).

    *5They exercise their office by means of:
    --6the canonical establishment of local Fraternities (see Const. 46.1);
    --7the pastoral visit at all levels ( Const. 94);
    --8the appointment of the spiritual assistants at all levels, after having consulted the respective SFO council (see Const. 86.1; 89.2; 90.2).

    *9They are also to see to the formation and the interest of all the friars with respect to the SFO and assure a specific preparation for the assistants, so that they will be suitable and prepared (see Const. 87.3; Rule 26).

  7. *1The spiritual assistant is as a rule to be a religious Franciscan priest belonging to the First Order or TOR ( Const. 91.1).

    *2Priests belonging to other Franciscan institutes or diocesan priests belonging to the SFO may be delegated to assist the fraternities, given the authorization of the respective superior or of the diocesan ordinary ( Const. 91.2).

  8. 1When it is not possible to give a spiritual assistant to the fraternity, or when one assistant must attend to manyfraternities, the major superiors, having heard the council of the fraternity concerned, may request the collaboration of suitable and prepared animators, men and women, giving priority to the witness of life and to the capacity to communicate Franciscan spirituality ( Const. 91.3).2The service of animation is to be carried out according to the indications of the major superior in full collaboration with the council of the fraternity and the assistant who is responsible.
  9. Exceptionally, and so that the fraternity has adequate pastoral care, the Franciscan major superior may delegate the spiritual assistance of the local fraternity to a diocesan priest or to a religious priest who is not a Franciscan, given the authorization of the respective superior in all cases ( Const. 91.4).
  10. 1Both the spiritual assistant and the animator:
    --2are to be appointed according to their own Constitutions, those of the SFO and the present Statutes (see Const. 89.1);
    --3are members of the council of the fraternity to which they give their service, collaborating with it in all its activities (see Const. 89.4), participating in its meetings and work in accordance with the law proper to the SFO;
    --4have the principal duty of cooperating in the initial and continuing formation of the seculars (see Const. 89.4);
    --5do not exercise the right to vote in financial questions (see Const. 89.5);
    --6do not have the right to vote when they are present at an elective chapter of a lower level according to the norms of the SFO Constitutions, 76.3, ;
    --7act in the council of the fraternity and in elective or ordinary chapters with due respect for the responsibilities and the role of the seculars, giving them priority with regard to the guidance, coordination and animation of the fraternity (see Const. 86.2).
  11. 1The task of service of the spiritual assistants and the animators is temporary.2The nomination is for a limited time, but not for longer than twelve years.
  12. The aim of the present Statutes is to determine the service of spiritual assistance to the SFO in a uniform and concrete manner, taking into account the unity of that same Order as well as the plurality of the First Order and TOR to whom the pastoral and spiritual care is entrusted.
  13. 1The norms of the Statutes are approved by the Union of Ministers General.2The right of modification and authentic interpretation belongs to that body.
    3Those provisions which do not agree with the present Statutes are abrogated.

    Title II:
    Assistance to the SFO according to the structures of the First Order and TOR

    A. General assistance to the SFO

    1. The Ministers General

  14. 1The Ministers General exercise their competencies with regard to the SFO according to the norms of the universal law, of their own Constitutions and with respect to the law proper to the SFO.
    2They have the faculty to establish the local Fraternities of the SFO and to visit the SFO fraternities assisted by their own Order.
  15. 1With regard to his own Order it belongs to each Minister General to:
    --2promote the interest of his own friars with respect to the SFO;
    --3promote fraternal communion among the religious and the Secular Franciscans;
    --4constitute the general office for assistance to the SFO within the General Curia according to the norms of his own Constitutions;
    --5appoint the General Assistant to the SFO;
    --6in cases of necessity, appoint or confirm the National Assistants belonging to his own Order.
  16. At the general level of the First Order and TOR the general office for assistance to the SFO is to be constituted and is to treat, under the authority of the Minister General, those concerns which pertain to the service to the SFO.

    2. The General Assistants

  17. The General Assistant is appointed according to the Constitutions proper to his Order after consultation with the Presidency Council of the International Council of the SFO ( Const. 90.1) for a term of six years and may be confirmed for a second term (see Article 11).
  18. The General Assistant, who holds the general office for assistance to the SFO, and according to the Statutes proper to the Franciscan Youth, fulfills with vicarial power those duties belonging to his own Minister General, barring always the right of the latter to reserve specific competencies to himself.
  19. 1It belongs to the General Assistant to:
    --2examine and adress those things which partain to the service to the SFO and keep the Minister General informed;
    --3visit the fraternities assisted by his own Order;
    --4maintain fraternal and constant relations with the assistants of his own Order.

    B. Provincial assistance to the SFO

    1. The Ministers Provincial

  20. 1The pastoral care of the SFO belongs to the Minister Provincial within the confines of his own religious Province.2It belongs to him, in exercising the "-altius moderamen-", to spiritually animate and visit the local fraternities assisted by his own province.
  21. 1The Minister Provincial has the power to establish local fraternities within the confines of his own province, observing that which is required by the universal law of the Church and that proper to the SFO.
    --2Outside the houses or churches of the Franciscan religious of the First Order or TOR the written consent of the bishop is necessary for the canonical establishment of a fraternity ( Const. 46.1; see CCL 312).
  22. 1It is the duty of the Minister Provincial to:
    --2see to it that the religious demonstrate feelings of true fraternity toward the Secular Franciscans;
    --3provide that the SFO has a place in the programs of the initial and continuing formation of the religious;
    --4provide that suitable and prepared friars are appointed to the ministry of spiritual assistance;
    --5see to it that the assistants have adequate means for their specific formation and for the optimal fulfillment of their duties;
    --6inform himself about the spiritual assistance given to the SFO, above all on the occasion of the visitation of the friars.
  23. The Minister Provincial may appoint one or more assistants according to the needs and demands of the service to the SFO, taking care to establish the relationship among the various assistants.
  24. The provisions regarding the Ministers Provincial within the confines of their own provinces are to be applied mutatis mutandis to the other major superiors of the First Order and TOR within the confines of their own jurisdictions.

    2. The Provincial Assistants

  25. Each Provincial Assistant is the delegate of the Minister Provincial for all that regards the SFO within the confines of the religious Province.
  26. The Provincial Assistant, appointed according to the law proper to his own Order, carries out his responsibilities respecting the law and organization proper to the SFO.

    3. The Local Assistants

  27. The local assistant is appointed by the Minister Provincial according the law proper to his own Order and after having heard the Council of the fraternity concerned (see Const. 89.2).
  28. 1The local assistant is to promote communion within the fraternity and between it and the First Order and TOR.2In agreement with the guardian or local superior he is to see to it that a true vital reciprocity between the religious fraternity and the secular fraternities is established.3He is to promote the active presence of the fraternity in the local Church and its sincere communion with it.

    4. The Animators

  29. 1The animators of the SFO fraternities are appointed and carry out their service according to the norms of the SFO Constitutions and of these Statutes, particularly articles 8 and 10.
    --2The superior, or the Provincial Assistant, remains the one responsible for the spiritual assistance as well as for the pastoral and sacramental service to the fraternity ( Cost. 91.3).

    Title III:
    Assistance to the SFO according to the structures of the SFO

  30. 1The SFO is organized in fraternities at various levels: local, regional, national and international.2The assistance of the religious must adapt itself to the organization proper to the SFO.

    A. To the international fraternity

  31. The Ministers General exercise the "-altius moderamen-" and the pastoral assistance collegially with respect to the SFO as a whole.
  32. 1It it the duty of the Union of Ministers General of the First Order and TOR to:
    --2care for the relations with the Holy See in those cases required by the universal law of the Church and by the particular law, especially with regard to the SFO documents (Rule, Constitutions, Ritual) whose approval is the competence of the Holy See (see Const. 87.2);
    --3monitor the adaptation of the SFO Ritual to the various cultures on the part of the national councils;
    --4confirm the Statutes of the SFO (see Const. 87.2);
    --5preside at and confirm the elections of the Presidency of the International Council of the SFO (see Const. 76.2);
    --6provide for the pastoral visit of the International Council of the SFO and of the Presidency (see Const. 87.2);
    --7accept the resignation of the Minister General of the SFO should that case arise (see Const. 83.1).
  33. The General Assistants are appointed by the respectiveMinisters General after consultation with the Presidency of the International Council of the SFO (see Const. 90.1).
  34. The General Assistants give their service to the International Council of the SFO and to the Presidency, of which they form a part (see Const. 90.1; 72).
  35. 1The four General Assistants constitute a Conference in which one functions as president and another as secretary according to an internal regulation proper to it.2They collegially see to the assistance to the SFO as a whole (see Const. 90.1).
  36. 1It is the duty of the Conference of General Assistants to:
    --2collaborate with the International Council and the Presidency in the spiritual and apostolic animation of the SFO and, in particular, in the formation of the secular leaders;
    --3coordinate the spiritual assistance to the SFO at the international level and promote the interest of the friars and the superiors with respect to the SFO;
    --4provide for the pastoral visit of the national councils of the SFO (see Const. 94.3) and for the presence at the national elective chapters (see Const. 76.2).

    B. To the national fraternities

  37. 1The statutes of the national fraternity establish the number of National Assistants who form a part of the national council.2That number may not exceed the number of the Orders who actually give assistance to local fraternities within the confines of the national fraternity.
  38. The Ministers Provincial of the various obediencies with jurisdiction in the territory of a national fraternity are to seek collegially, in agreement with the respective SFO national council, the most adequate means for carrying out their own mission with respect to the SFO (see Const. 88).
  39. 1The same Ministers Provincial, or their delegates, always in agreement with the SFO national council, are to establish collegially the norms with regard to the spiritual assistance at the national level (see Const. 90.2).2These norms are to define:
    --3to which Ministers Provincial the SFO national council is to apply in order to request religious for assistance (see Rule 26);
    --4the means for the appointment of the National Assistant or Assistants.
  40. 1The National Assistants (if more than one) constitute a conference in which one functions as president and another as secretary according to an internal regulation proper to it.2They collegially see to the assistance to the SFO within the nation (see Const. 90.3).
  41. 1It belongs to the National Assistant, if there is only one, or to the Conference of National Assistants to:
    --2collaborate with the national council in the work of the spiritual and apostolic animation of the SFO in the nation and, in particular, in the formation of the secular leaders;
    --3coordinate the service of the spiritual assistance to the SFO at the national level and promote the interest of the friars and the superiors with respect to the SFO;
    --4provide for the pastoral visit of the regional councils of the SFO (see Const. 94.4), and for the presence at the regional elective chapters (see Const. 76.2).
  42. 1The National Assistants:
    --2are a bond of communion between the SFO national council and the religious superiors (see Const. 89.3);
    --3are members of the national council (see Const. 89.4);
    --4give spiritual assistance to the SFO national council and collaborate with it in the manner established by the SFO national statutes, attentive to promoting the spiritual and apostolic vitality of the fraternities;
    --5promote the formation of the assistants and fraternal union among them;
    --6promote the active interest of the SFO in the pastoral concerns and plans of the Church.

    C. To the regional fraternities

  43. 1The secular leaders establish the number of Regional Assistants who form a part of the regional council.2That number may not exceed the number of the Orders who actually give assistance to local fraternities within the confines of the regional fraternity.
  44. The Ministers Provincial of the various obediencies with jurisdiction in the territory of an SFO regional fraternity are to seek collegially, in agreement with the respective SFO regional council, the most adequeate means for carrying out their mission with respect to the SFO (see Const. 88).
  45. 1The same Ministers Provincial, or their delegates, always in agreement with the SFO regional council, are to establish collegially the norms with regard to the spiritual assistance at the regional level (see Const. 90.2).2These norms are to define:
    --3to which Ministers Provincial the SFO regional council is to apply in order to request religious for assistance (see Rule 26);
    --4the means for the appointment of the Regional Assistant or Assistants.
  46. 1The Regional Assistants (if more than one) constitute a conference in which one functions as president and another as secretary according to an internal regulation proper to it.2They collegially see to the assistance to the SFO within the region (see Const. 90.4).
  47. 1It belongs to the Regional Assistant, if there is only one, or to the Conference of Regional Assistants to:
    --2collaborate with the regional council in the work of the spiritual and apostolic animation of the SFO in the region and, in particular, in the formation of the secular leaders;
    --3coordinate the service of spiritual assistance to the SFO at the regional level and promote the interest of the friars and the superiors with respect to the SFO;
    --4provide for the pastoral visit of the local councils of the SFO (see Const. 94.4) and for the presence at the local elective chapters (see Const. 76.2).
  48. 1The Regional Assistants:
    --2are a bond of communion between the SFO regional council and the religious superiors (see Const. 89.3);
    --3are members of the regional council (see Const. 89.4);
    --4give spiritual assistance to the SFO regional council and collaborate with it in the manner established by the SFO, attentive to promoting the spiritual and apostolic vitality of the fraternities;
    --5promote the formation of the assistants and fraternal union among them;
    --6promote the active interest of the SFO in the pastoral concerns and plans of the Church.

    D. To the local fraternities

  49. 1Every local fraternity, the primary cell of the one SFO, is entrusted to the pastoral and spiritual care of the religious Franciscan family that canonically established it.2A local fraternity may pass to the pastoral care of another religious Franciscan obedience in the ways provided by the national statutes (see Const. 47.1-2).
  50. The council of the local fraternity requests a suitable and prepared assistant from the competent superior of the First Order or TOR to whom the pastoral care of the fraternity is entrusted (see Const. 50.1g; 89.2).
  51. The local assistants and the animators of the local SFO fraternities are appointed by the major superior of the First Order and TOR after having heard the council of the interested fraternity (see Const. 89.1; for the identity of the assistant and the animator, see Const. 91, passim).