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Chapter 7 §4

CHAPTER VII

“THE FRIARS ARE BOUND TO OBEY BROTHER FRANCIS AND HIS SUCCESSORS”
(Rb 1,3)

The structures and government of the Order and the administration of goods

Part IV
GOVERNMENT OF HOUSES

Title XVIII
The House

Article 232
A House is a fraternity legitimately established under the authority of a Guardian in a fixed place or dwelling. All the friars are to be assigned to a specific House.27

Article 233
A House is erected by the Minister Provincial with the consent of his Definitory, and with the prior written consent of the diocesan Bishop.28

Article 234
A legitimately erected House can be suppressed by the Mi?nister General on the advice of his Definitory. Beforehand, however, he must have listened to the Provincial Definitory and consulted the diocesan Bishop.29

Article 235
§1 Any erection or suppression whatever must be done by decree.
§2 The Minister General is to be notified of the decree of erection issued by the Minister Provincial.

Article 236
Friars who are forced to live alone by special circumstances so that they are unable to possess the fullness of a common fraternal life are to foster and manifest the same spirit of fraternity. Therefore, the Ministers and the friars themselves are to see to it that they go from time to time to the Houses or friars nearest them so that they can receive the mutual benefits and joys of charity.

Title XIX
The Guardians and Vicars

Article 237
In accordance with universal law and the proper law of the Order, the principal responsibility of the Guardian is to foster the welfare of the fraternity and of the friars, to exercise watchful care over the religious life and discipline, to direct activities, to promote an active and responsible obedience among the friars in a spirit of true fraternity.30

Article 238
Unless the General Statutes and particular Statutes prescribe otherwise, a Vicar for each House is elected to assist the Guardian.

Article 239
The Guardian and Vicar are elected for the period of time and in the manner established by the General Statutes.

Title XX
The local Chapter and Discretorium

Article 240
§1 The local Chapter, at which the Guardian or his substitute presides, constitutes the fraternal government of a House, in accordance with the General Constitutions, the Statutes and rules of procedure.31
§2 In Houses where there is no discretorium the local Chapter functions as the council of the Guardian.32

Article 241
It is the duty of the local Chapter, particularly through dialogue, to study and promote common projects, to foster harmony and an active and responsible cooperation among all, to examine and evaluate what has been done by the fraternity or by individual friars, and to treat of matters of major importance.

Article 242
§1 All the solemnly professed friars in each House make up the local Chapter.
§2 The particular Statutes are to make provision for the manner in which those friars not yet solemnly professed are to participate in the local Chapter.

Article 243
§1 A local discretorium can be established as the council of the Guardian, in accordance with the particular Statutes.33
§2 If there is one, the local discretorium is made up of the Vicar and the Discreets.