Article 12

On the Election and Confirmation of Provincial Ministers, Conclusion of the Bull

The Article having indicated in what place and by whom the election of the Minister General should be carried out, and having said nothing about that of the Provincial Ministers, nor about the manner of instituting them, the Brothers might have some difficulty regarding this Article.

We therefore, desiring that in all things they may act with certainty and clarity, Declare, Establish, and Ordain by this Constitution, valid in perpetuity, that whenever it is necessary to appoint a Provincial for any Province, the Provincial Chapter shall have the right to elect him; which it shall be obliged to do on the day following that on which it is convened: and that it shall be the Minister General who confirms this Election.

Now if it is carried out by way of ballot, and the votes being divided several are found elected; the Election of the one who shall have obtained the greatest number of votes, without any regard to the zeal and merit of the others, notwithstanding any opposition or objection raised by the opposing party, shall be confirmed or annulled by the Minister General with the advice of the Discreets of the Order, as he shall judge appropriate according to God; after having carefully examined the one who has been elected in regard to what concerns the Office of Provincial, as he is obliged to do.

If this Election is annulled, let the Provincial Chapter make another; but if it fails to do so on the appointed day, then the right to appoint a Provincial shall devolve upon the Minister General. But if at any time the said Minister and the General Chapter should judge it fitting, for just and manifest reasons, that the Provincial be appointed by the General with the advice of some wise and prudent Religious of the Order, rather than being elected by the Provincial Chapter in the overseas provinces, in Ireland, in Greece, or in Romania, where it is said that up to the present a particular method has been used for good reasons. And that this be always inviolably observed in Ireland and in the other overseas Provinces, but with regard to those of Romania or Greece, this shall apply when the Provincial dies, or when the term of his Office ends while he is on this side of the sea.

We desire that in this matter everything that the Minister General shall order, with the advice of some wise and prudent Religious, be carried out in good faith, without partiality and without fraud; and for this We charge the conscience of the Brothers.

We further desire that in the disposition of Provincial Ministers, there be observed what has been observed in the Order up to the present regarding this matter.

Moreover, if it should happen that the Brothers have no Minister General, let the Vicar General do everything that the Minister ought to do, until one has been appointed.

Now if anyone should undertake to do anything contrary to what we have just prescribed concerning the Election of Provincial Ministers, We declare that whatever is done shall thereby be null and without force. Therefore, let no one have the audacity to violate the contents of our present Declarations, Decisions, Commission, Response, Prohibition, Regulation, Ordinance, Constitutions, Judgments, and Wills, or to contravene them by any rash attempt; and if anyone should dare to do so, let him know that he shall incur the indignation of Almighty God and of His blessed Apostles Saint Peter and Saint Paul. GIVEN at Vienne on the sixth day of May, in the year of our Lord one thousand three hundred and twelve, and in the seventh year of our Pontificate.