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Chapter 8


(Rb 10,1)

Title I
The admonition and correction of the friars

Article 251
§1 As the Lord says, the friars are not to judge or condemn or pay attention to the smallest sin of others. Rather they are to think of their own sins with bitterness of soul.1
§2 When they know a friar has sinned, all the friars are neither to shame nor defame him, but they are to have great compassion for him and keep private the sin of their brother. When he sins they are to help him spiritually as far as possible, and are to admonish, instruct and correct him humbly and diligently.2
§3 According to the words of St. Francis, the friars are not to become angry or disturbed because of the sin of another, since anger and disturbance hinder charity in themselves and in others.3
§4 The friars, especially the Ministers, are to be compassionate and, impelled by charity, are to seek out the friar who has sinned. No friar is to go away without experiencing compassion.4
§5 If any of the friars sins, he is to have recourse to his Mi?nister with confidence, strive for conversion and obey the commands of the same Minister.5

Article 252
§1 The Ministers and Guardians, as well as the other friars, are to forestall evil and strengthen those who are falling, as best they can, by prudent vigilance and brotherly warnings, in order to safeguard the common good and the good of individuals.
§2 If, in order to safeguard the good of individuals or of the fraternity, the Ministers are forced to admonish, correct or punish, they are to perform their service kindly and charitably, in accordance with universal law and the proper law of the Order.6

Article 253
§1 In applying penalties of universal law the norms of that law are to be observed.
§2 External violations of the laws of the Order, when these are penal, are to be punished with penalties prescribed by proper law in proportion to their gravity and with regard for scandal, frequency, recidivity and incorrigibility. All such penalties are ferendae sententiae and may be imposed by the Minister, alone or with his Definitory.

Title II
Departure and dismissal from the Order

Article 254
The norms of universal law and of the General Statutes apply concerning temporary absence or exclaustration, whether this is freely requested or imposed by the Holy See on a friar against his will.7

Article 255
§1 If during temporary profession a friar, for grave cause, asks to leave the Order, he can obtain an indult to leave from the Minister General, with the consent of his Definitory.8
§2 When the period of temporary profession has expired, a friar is free to leave the Order. Moreover, after consulting his Definitory, the Minister Provincial can, for a just cause, prevent him from making subsequent profession.9

Article 256
A solemnly professed friar is not to request an indult to leave the Order except for very serious reasons that he has carefully considered before the Lord. He is to present his petition to the Minister General, who will forward it, along with his opinion and that of his Definitory, to the Holy See, to whom alone is reserved the concession of such an indult.10

Article 257
An indult notified to a friar brings with it, by law, a dispensation from vows and from all obligations deriving from profession, unless the indult has been rejected by the friar in the act of notification.11

Article 258
§1 A friar is held to be automatically dismissed from the Order in those cases specified in universal law.12
§2 In such cases, if the facts are evident, it is sufficient for the Minister Provincial with his Definitory to issue a declaration of fact.13 He is to take care, however, to notify the dismissed friar of the declaration and keep the evidence collected in the archives of the Province. This notification must be sent to the General Curia along with a summary of the documents.

Article 259
Friars must be or can be dismissed from the Order for other crimes of a more serious nature, in accordance with universal law and the General Statutes.14

Article 260
With legitimate dismissal, vows, rights and obligations deriving from profession cease automatically. However, if the friar is a cleric, he cannot exercise holy orders until he finds a Bishop who will receive him or at least allow him to exercise holy orders.15

Article 261
Since each and every friar must perform all services gratis as their Ministers and Guardians direct, if one leaves the Order legitimately or is dismissed from it legitimately, he can claim nothing from the Order for whatever service he may have performed in it. The Order is to show equity and evangelical cha?rity towards these friars.16