BSP The Brothers and Sisters of Penance of St Francis

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The Constitutions and By-Laws
of

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The BROTHERS AND SISTERS OF PENANCE

of
St. Francis

I.The name of the Association is the Brothers and Sisters of Penance of St. Francis. The Association was born from the original Rule of the Third Order of St. Francis as contained in the Omnibus of Sources of St. Francis and the resultant Stella Matutina movement in the Secular Franciscan Order in Minnesota in the late 1980's under the guidance of Father Valerius Messerich O.F.M.. It was formally founded in the Archdiocese of St. Paul and Minneapolis in 1996 with the blessing, encouragement and support of Archbishop Harry J. Flynn. It is in the National Catholic Directory.

The first chapter of the Association is the Morning Star Chapter which was founded on October 4, 1997 with the first commitments of members before Father Valerius Messerich O.F.M.

The Association is located within the Archdiocese of St. Paul and Minneapolis, and is headquartered at 20939 Quadrant Ave. N., Scandia, Minnesota, 55073. The Association includes all members wherever they reside, including members of new chapters everywhere consistent with these Constitutions and By-laws. A priest or religious is to be spiritual director of the entire Association provided one can be found, since it is a lay organization within the Church. This person will be called the Visitor. Otherwise the minister of the Association shall fulfill this role.

II. The purpose of the Association is to renew the lifestyle of the First Rule of the Third Order of St. Francis, the Rule of 1221, ^[2] in our own lives and our modern world for the Love of God and as a Gospel witness to the world, so as to fulfill our Vision, and save souls.

III. The Vision of the Association is that we are a family of Catholic lay brothers and sisters who are seeking Union with God in fulfillment of the Gospel after the manner and according to the example of the early penitents in the Catholic Church, which included many Saints and Blessed, and most certainly include St. Francis of Assisi.

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IV. The Association headquarters is within the Archdiocese of St. Paul & Minneapolis, but is physically located at 20939 Quadrant Ave. N., Scandia, Minnesota 55073.

V. Archbishop Harry J. Flynn, of the Archdiocese of St. Paul and Minneapolis, authorized the initiation of the Association through a letter to Bruce Fahey S.F.O. of October 22,1996.^[3] The spiritual assistant of the Association is to be a religious, deacon, or a priest, provided one can be found to serve the Association. Father Valerius Messerich O.F.M. was the first spiritual assistant of the Association, and those so appointed after him or in conjunction with him will serve in this same capacity.

VI. Historical Overview
The Brothers and Sisters of Penance of St. Francis was first organized when a number of Secular Franciscans requested to live and gather according to the prescriptions of their First Rule while still within the Secular Franciscan Order. These first lay members sought authorization from the Church to unite as the Brothers and Sisters of Penance of St. Francis.

Initial contact for support of the Church was made to Bishop Roger Schwietz of Duluth in a meeting held on October 31, 1995 at the request of Bruce Fahey SFO. This meeting was originally scheduled at the recommendation of Father Valerius Messerich O.F.M., Bruce’s spiritual director of many years, and Father Ken Smits, O.F.M. Cap., of the St. Anthony Retreat House, at Marathon, Wisconsin.

Bishop Schwietz saw this desire to return to the “roots” spirituality of the primitive Rule of 1221 as a “good and holy thing”. Hence, he arranged a meeting with Archbishop Harry J. Flynn of the Archdiocese of St. Paul and Minneapolis at which he asked the attendance of Bruce Fahey. As a result of this meeting, which was held at the Chancery office in St. Paul on March 25th, 1996, between Archbishop Flynn, Bishop Schwietz, Father Valerius Messerich and Bruce Fahey, Archbishop Flynn issued a letter of support and apostolic blessing on October 22, 1996, and the Association was started.

The first commitment of the first novice, William Avis, occurred on August 6, 1997 at St. John’s church in Prairie du Chien, Wisconsin, before reverend William Garut O.J.. Father Valerius Messerich, O.F.M., at that time pastor at St. Mathias Church in Hampton, was the assigned spiritual assistant of the Association. He was assigned by Archbishop Harry J. Flynn himself. Father Valerius himself received the first candidates officially on the feast of St. Francis, October 4, 1997, in a simple ceremony of First Commitment, held after 5:00 PM Mass at St. Mathias Church, in Hampton, Minnesota.

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VII. Juridical Situation
The Brothers and Sisters of Penance of St. Francis is a non-profit Private Association of the Faithful whose members seek to live the Gospel more fully in their lay lives by following the prescriptions and tenets of the First Rule of the Third Order of St. Francis, the Rule of 1221. The Association of the Brothers and Sisters of Penance of St. Francis is open to all of the laity regardless of their affiliation with any Third Order or other Catholic Church group.

VIII. Eligibility for membership
Eligibility for membership in the Brothers and Sisters of Penance of St. Francis is extended to all the baptized members of the Catholic Faith who are 14 years of age or older. This age is based on the laws of the Church itself^[4] , wherein the law of abstinence binds those who are at least 14 years of age, and the law of fasting binds those who have attained their majority (18 years of age), until the beginning of their sixtieth year. Since fasting and abstinence are part of the lifestyle of the First Rule, this is the proper guide. Of course, others may join who are older or younger. No one in the Association is bound by the prescriptions in the Rule regarding fasting or abstinence either under pain of sin, or beyond the intentions of current laws of the Catholic Church, though they may voluntarily perform acts of self denial at any age.

IX. Purpose of the Association
The purpose of the Association is to promote the renewed practice of penance in the Church among lay people consistent with the Gospel itself, the prescriptions of the First Rule of the Third Order of St. Francis, the Rule of 1221 (Memoriale Propositi), and the intentions of the Association’s spiritual assistants as defined in the Rule and Statutes of the Association which were last updated in 2003.

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X. Spirituality of the Association
The spirituality of the Association is simply that of the Gospel itself, which endorses lives of poverty, humility, and penance in the world for all people. Membership in the Association both causes and is the fruit of each individual’s personal conversion and desire to live the Gospel more perfectly in his or her own life.

Canon law of the Catholic Church provides for the formation of Associations of the Faithful for purposes of growing in holiness and living the gospel. The Brothers and Sisters of Penance of St. Francis is an example of such an Association. The principle canons that relate to its life in the Church according to Title V of the Code of Canon Law, are as follows:

Canon 298.1
In the Church there are associations which are distinct from institutes of consecrated life and societies of apostolic life. In these associations, Christ’s faithful, whether clerics or laity, or clerics and laity together, strive with a common effort to promote a more perfect life, or to promote public worship or Christian teaching. They may also devote themselves to other works of the apostolate, such as initiatives for evangelization, works of piety or charity, and those which animate the temporal order with the Christian spirit.

Canon 298.2
Christ’s faithful are to join especially those associations which have been established, praised or recommended by the competent ecclesiastical authority.

Canon 299.1
By private agreement among themselves, Christ’s faithful have the right to constitute associations for the purposes mentioned in Canon 298.1 without prejudice to the provisions of Canon 301.1.

Canon 299.2
Associations of this kind, even though they may be praised or commended by ecclesiastical authority, are called private associations.

Canon 304
All associations of Christ’s faithful, whether public or private, by whatever title or name they are called, are to have their own statutes. These are to define the purpose or social objective of the association, its center, its governance and the conditions of membership. They are also to specify the manner of action of the association, paying due regard to what is necessary or useful in the circumstances of the time and place.

A number of bishops have supported the formation of the Association in its initial phases, including those named in this work. It is well understood and fully accepted by all leaders of the Association that local bishops must support the Association if it is to grow in any particular diocese. Those bishops who first supported the formation of the BSP are listed in the addendum to this work, and the Association, through its various members throughout the world is in the process of seeking broader approval for promoting this lifestyle in the Church. Since this process may in fact take years it was thought best to promulgate what is already known for the benefit of all members. What is known is that we have the blessing of the Church to live, to gather, and to quietly promote the lifestyle of the First Rule of the Third Order of St. Francis. Let us examine these points as they relate to the private association of the Brothers and Sisters of Penance of St. Francis.

To live. If we as penitents are to live the Rule of 1221 we must learn to do so gradually. Hence, we must respect in ourselves the need for formation, and to grow into the lifestyle as individual people of God. A holy life cannot be built in a day. The members of the Brothers and Sisters of Penance of St. Francis take as their guide the Lord and His Mother. Jesus took three years to teach us what we need to know through the Gospels. We as penitents will take three years in our formation program. To be a novice is to be a beginner. These three years must fully run their course. A month at a time. After that we can pledge to live the life for the rest of our lives, but not before that time is over unless exceptions are approved by competent Church authorities. Thereafter, until our deaths, we will do our best to live the life in all of its detail, demands, and richness. It is a narrow way as Our Lord himself described in His Gospel. (Lk. 13:24)

To gather. Individual penitents in their individual towns and cities are to gather in small groups, i.e. chapters as much as possible. No one can lead a holy life alone. Its members are a family. Our community is the body of Christ. Hence, it is one of the major imperatives of the lifestyle that the individual members gather and form the community of the Brothers and Sisters of Penance of St. Francis.

To promote. We reach out to others as lay people alone can do, in the streets, byways, places of business, stores, churches, and institutions of our day. We know from our discussions who among us in the world are deeply serious about the “things of God”, for we must and will discern others of like mind through the motion and blessing of the Holy Spirit. These others of like mind can be invited to join the Association of the Brothers and Sisters of Penance of St. Francis. In all of this the brothers and sisters are admonished to trust in the Holy Spirit, for He, Himself, the Spirit of our God, is our guide and counselor. It is the Holy Spirit who truly invites those who join.

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XI. The Form and Object of the Commitment

i. The Form of the Commitment
The Form of the Commitment of Membership in the Association is a personal and entirely voluntary profession made to Christ through the Church to live according to the tenets of the Rule and Statutes of the Association, which is the lifestyle of the First Rule of the Third Order of St. Francis of 1221, updated through its statutes to fit life in the world today. This profession will typically be made, following a period of formation, to a priest, confessor, or spiritual director, but can be made if need be to any professed member of the Association at a place of the individual’s choosing, consistent with the intentions of the First Rule itself. Ideally it would be made at or after Mass and reception of the sacrament of Reconciliation.

Reception of new candidates:
New candidates in the Association devote themselves to study the Rule and Statutes of the Association so as to discern their calling to profess to live according to it for “all the time of his life”^[5]. Those going into formation are first an inquirer, then a postulant (1 year), then a “novice” (3 years) in the Association. “Novices” may profess themselves to live according to the First Rule after novice formation ^[6] with the approval of their spiritual directors, pastors, or professed and “discreet” members of the Association. If at all possible these professions should be celebrated at or after Mass and the reception of the sacrament of Reconciliation.
If an individual wishes to live the life of the Rule of 1221 immediately upon entering the Association they may do so. If they do so for four or more years they may then become a professed member of the Association without going through formation. Their formation program is living the Rule for four or more years before professing.

Professed
An individual’s profession to live according to the Rule and Statutes of the Association is a binding promise^[7], though not under penalty of sin^[8], wherein the individual binds himself to strive to live the Rule and Statutes of the Association^[9], as his lifestyle for “all the time of his life”^[10], for the love of God and his own salvation.

Friends
Individuals may join the Association as friends if they wish to be guided in their life by the tenets of the Rule and Statutes without fully committing themselves to live them, and wish to join in the community activities, prayer life, and apostolates of the professed members or candidates in formation to becoming professed members.

Associates
Non-Catholics may join the Association as associates. Such members are invited to participate fully in the life of the Association recognizing that they are not obligated to live the tenets of the Rule except as they wish to. Fallen away Catholics may not be admitted to the Association in any way until fully reconciled with the Church.

ii. The Object of the Commitment
The Object of the commitment is for the individual professed member to lead a penitential life in response to the Gospel of Jesus Christ and for His greater glory, such that each individual member of the Association, living the Gospel of Jesus Christ more perfectly in his own life, is united in a common bond of Christian love with other Christians and becomes a penitent of the Church.

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To sincerely strive to live the Gospel more perfectly.

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XII. The prayer life of those in the Association

i. The prayer life of new members in the Association is that defined for them by the formation programs of the Association.

ii. The prayer life of all professed members of the Association is that defined in the Rule of 1221, as explained by the Statutes of the Association, which shall be deemed sufficient in and of itself to live a holy life under the Gospel of Our Lord, Jesus Christ.

XIII. The penitential life of those pledged into the Association

i.The penitential life is that defined in the Rule, Statutes and formation programs of the Association, which shall be deemed sufficient in and of itself to lead a holy life consistent with the Gospel of Our Lord, Jesus Christ.

ii. This penitential life includes all acts of penance, however great or small, that go beyond the Rule as determined by the individual member including devotions and almsgiving which are neither defined, nor binding, under the Rule, but have been approved by the individual’s spiritual director.

XIV. Membership Requirements

i. Catholic men and women, young and old, may join the Association provided they are baptized, at least 14 years of age, and are faithful to the Church.

“No heretic or person in bad repute for heresy is to be received.” ^[11]

ii. Types of Members^[12]

a. ‘Postulants’ are those who begin to live the life of penance as a means of discerning whether to proceed more deeply with formation.

b. ‘Novices’ are those who have made a commitment to join but are in formation and have not yet made a profession of any kind to live the Rule.

c. ’Professed’ are those who have made a permanent commitment to live the tenets of the Rule and Statutes of the Association through a competent Church authority, which shall be deemed to mean a cleric, a spiritual director within the Association, or another professed member. Not every member needs to “profess” to live the Rule. However, all members in formation are expected to strive towards professing themselves in time. It is completely acceptable for an individual to become and remain a friend or associate without further formation.

Anyone can become a member in the Association without violating any other profession or commitment they have made within the Church, unless the other group defines this issue otherwise. It is understood that friends and associates of the Association commit themselves only to learn and love the Rule and Statutes of the Association, to support other members that are seeking to profess to the lifestyle, and to periodically attend meetings of the Association wherever they are held.

d. 'Friends' are all of those who simply wish to be guided in their life by the tenets of the Rule and Statutes of the Brothers and Sisters of Penance of St. Francis, without fully committing themselves to live them. They may join in the community, prayer, and apostolic life of the professed members or candidates in formation to becoming professed members.

e. 'Associates' Non-Catholics may join the Association as associates. Such members are invited to participate fully in the life of the Association recognizing that they are not obligated to live the tenets of the Rule except as they wish to. Fallen away Catholics may not be admitted to the Association in any way until fully reconciled with the Church.

iii. The Responsibilities of Membership

a. For Postulants:

To discern whether they may be called to live a life of Penance according to the Rule and Statutes of the Association.

b. For Novices:

To discern their calling to live according to the tenets of the Rule and Statutes of the Association as they prepare to profess to the lifestyle.

c. For Professed:

To live the Gospel according to the tenets of the Rule and Statutes of the Association of the Brothers and Sisters of Penance of St. Francis, and to contribute to the growth and health of the Faith in their homes, their parishes, and the Church, wherever they live.

d. For Friends and Associates:

To remain affiliated with the Association in some active way, and live the spirit of the Rule and Statutes in some way.

e. For All Members:

To participate in the life of the Association in an appropriate way.

To know and love all other members of the Association, and the Orders represented among the membership of the Association, as best they can.

To help the Church fulfill its mission in the world.

To form their spirituality as penitents as defined in the Rule and Statutes of the Association.

iv. Separation of Professed members

Those who wish to leave the Association may do so with proper dispensation even if they have professed.

Where it is necessary to correct or discipline someone it shall be done in accordance with the Rule^[13].

Any member of the Board may be removed from office and replaced by a majority vote of the Board members for just cause supported by the Visitor or Minister of the Association.

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Monitor membership for Catholicity ^[21]

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XV. The Government of the Association

i. The officers of the Association will be those specified in the Rule itself: Minister, Visitor, Treasurer, and Messenger, provided that individuals can be found to hold these offices, and other elected leaders. Their terms of office can be established by consent among themselves. The normal term of office will be three years, but anyone can step down from their office after a year. The responsibilities will be as follows:

Minister:

	a.	To ensure that the records of the Association are kept current by the headquarters of the Association
	b.	To fulfill the requirements of the position as defined in the Rule, namely,
	c.	Screen and process membership^[14]
	d.	Record the dates and places for meetings^[15]
	e.	Care for needy members directly or through others in the Association^[16]
	f.	Visit members who are sick^[17]
	g.	Be true peacemakers^[18]
	h.	Correct and discipline members if needed ^[19]
	i.	Make sure that appropriate communications with members are maintained
	j.	Organize and/or conduct all meetings of the Association
	k.	Publish a monthly message of some kind to the general membership either directly or through the newsletter or an appointed spokesperson.

Visitor:

Should be a priest, deacon, or religious. In their absence, the Minister of the Association may act as Visitor if given special permission to do so by the appropriate ecclesiastical authority and agreeable to the affected membership.

To fulfill the requirements of the position as defined in the Rule, namely:

Provide spiritual direction to the Association particularly and to all members specifically, where they request it^[20]

Guide the Association in matters of discipline and correction^[22]

Treasurer:

	a.	To keep the finances for the Association consistent with the Rule
	b.	To distribute any funds acquired by the Association ^[23]
	c.	To provide for the needs of the brothers and sisters and other poor as possible from Association funds or solicitations^[24]

Messenger:

	a.	To publish what is said and done by members of the Association^[25]
	b.	Keep minutes of business meetings
	c.	Do other miscellaneous assignments as assigned by the Minister or the Board of Directors.

Every Member

To live the lifestyle and promote it for the Love of God within their families and the Church.

ii. There will be one set of officers for the entire Association, who will constitute the Board of Directors of the Association. They may delegate their authority to any outlying groups to ensure the peace and health of the Association everywhere. They will be selected by professed members of the Association if an election can be held.

The initial members of the Board of Directors of the Association are:
Administrator and messenger
Administrator and minister
Treasurer
Director
Director

iii. ARTICLE III — MEETINGS AND ELECTIONS OF MEMBERS

Section 1 — Regular meetings: Regular meetings of the members shall be held monthly consistent with the Rule, at a time and place designated by the ministers of the Association.

Section 2 — Annual meetings: An annual meeting of the members shall take place in the summer months, probably at the BSP retreat unless otherwise specified in advance. The specific date, time and location of this meeting will be designated by the Minister in advance of the meeting. At the annual meeting the members shall elect directors and officers, receive reports on the activities of the association, and determine the direction of the association for the coming year.

Section 3 — Special meetings: Special meetings may be called by the Minister, or a simple majority of the board of directors. A petition signed by 10 percent of voting members may also call a special meeting.

Section 4 — Notice of meetings: Printed notice of each meeting shall be given to each voting member, by mail or email, not less than two weeks prior to the meeting.

Section 5 — Quorum: The members present at any properly announced meeting shall constitute a quorum.

Section 6 — Voting: All issues to be voted on shall be decided by a simple majority of those professed members present at the meeting in which the vote takes place.

ARTICLE IV — BOARD OF DIRECTORS

Section 1 — Board role and size: A Board of Directors will be appointed when sufficient professed members are available to serve in the Association. Until then the Minister, Messenger, and Treasurer will lead the Association and utilize available leaders to get the leadership job done. Once in place, the board is responsible for overall policy and direction of the Association, and delegates responsibility of day-to-day operations to the staff and committees. The board shall have up to 10, but not fewer than 3 members. The board receives no compensation other than reasonable expenses to attend the meeting.

Section 2 — Terms: All board members shall serve three-year terms, but are eligible for re-election for up to three consecutive terms. No term of office is established for the minister, who may remain minister so long as re-elected, given their willingness to do so.

Section 3 — Meetings and notice: The board shall meet at least annually at an agreed upon time and place. An official board meeting requires that each board member have written or e-mail notice at least two weeks in advance of the meeting.

Section 4 — Board elections: New directors and current directors shall be elected or re-elected by the professed members at the annual meeting. Directors will be elected by a simple majority of members present at the annual meeting.

Section 5 — Election procedures: A Committee shall be responsible for nominating a slate of prospective board members representing the Associations diverse constituency. In addition, any member can nominate a candidate to the slate of nominees. All professed members will be eligible to send one representative to vote in the elections, if they do not attend the elections, for up to 10 available positions each year.

Section 6 — Quorum: A quorum is forty percent of board members on the Board for business transactions to take place and motions to be made.

All professed members will be eligible to be officers of either a local chapter or executive body.

iv. A collegial relationship of dependence and care will be established with all religious and priests.

	a.	Of dependence in that we will obey them in all matters of faith and morals and heed their advice relative to matters of the Rule and Statutes.
	b.	Of care, in that they may rely on aid from the Association^[26] if they are in need of it.

v. The general assembly

A collective meeting of all of the members of the Association will be held annually if at all possible, perhaps at a retreat. A Visitor or spiritual assistant will preside at these meetings if at all possible, and guide the proceedings, which will be designed to promote a Catholic spirituality and unite the total Association. Other groups within the Church may be invited to send delegates to these meetings.

vi. Meetings

Monthly meetings will be held in each community or area consistent with the intentions of the Rule and Statutes as stated in the First Rule itself.^[27] These meetings can be held in individual’s homes but should always follow the following agenda.

	1.	Begin with prayer
	2.	Promote the spiritual formation of the members present
	3.	Involve a faith sharing of all members
	4.	Answer anyone’s questions on life in the Association
	5.	End with prayer, and if time and circumstances permit, fellowship

vii. Liberties, Rights, or Obligations

The liberties, rights, and obligations of the various members of the Association are those defined by the Gospel itself and the Rule and Statutes of the Association. Questions on these matters should be referred to the Administrators of the Association and/or the Visitor as defined in the Rule and Statutes.

Wherever two or more professed members of the Association are located, an individual chapter of the Association may be established and named. Hence fraternities may be established and named after individual parishes, Saints, or Our Lady. Names in honor of Mary are recommended. For instance, if a new chapter is established at St.James parish, in Medjugorje, it can be appropriately named either as the St. James chapter of the Association of the Brothers and Sisters of Penance or the Queen of Peace Chapter, or otherwise similarly named.

The lifestyle of all chapters and rules of governance are as contained in these Constitutions, which can be revised by members of the Morning Star Chapter of the Association in concert with the will of all chapters as guided by the Visitor(s) of the Morning Star Chapter, which is the founding chapter of the Association. Questions on all matters of formation of new chapters should be directed to the Minister of the Morning Star Chapter of the Association.

viii. Administration of temporal goods and financial policies

The Association of the Brothers and Sisters of Penance of St. Francis of St. Francis is a bona fide non-profit Association. There will be no mandatory dues, fees, or assessments associated with membership in the Association. If money is needed to conduct the business of the Association, the ministers or treasurer may solicit donations from the members after stating their use and extending the blessing of God. Any goods owned by the Association as acquired by donations or purchases belong to the Association and all within it, provided they are so intended and identified.

ix. The Right of Possession

Individual members do not own the possessions of the Association. Association possessions will be held and controlled by the Administrators of the Association unless otherwise delegated for as long as they hold the office.

February 2008

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