Page:Catholic Encyclopedia, volume 12.djvu/847

 RELIGIOUS

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RELIGIOUS

exempt institute, being priests, receive from the Holy See the power of jurisdiction in addition to the govern- ing power belonging to all superiors, male or female. (For a comparison of these religious with regulars properly so called see the dissertation of Fr. Sals- mans, S.J. in Vermeersch, "Periodica de relig. et miss.," V. p. 33). It is to be remarked that the exemption of the convent does not always imply the exemption of the church. Sometimes the authority of a superior-general of a congregation of men ex- tends to a congregation of sisters of a similar in.stitute; but in practice the Holy See no longer approves of any but independent congregations. ^\'hether exempt or not, congregations may never be established in a diocese, and may not open a new house, without the permission of the bishop.

(iii) Organization of the Institute. — Congregations approved by the Holy See have the organization of religious orders: and the less rigorous enclosure of institutes with simple vows even permits the sisters to be organized in the same manner as orders of men. We find then at the head of the institute a superior- general assisted by a council, which, in the more important matters, must approve the measures pro- posed; then ordinarily provincial superiors with their councils, and local superiors. The superior-general, his councillors, and the procurator-general are always appointed by the general chapter. In fact, in con- gregations as in religious orders, the general chapter is the supreme power. It can, however, neither change the constitutions nor make laws properly so calle<i; its orders remain in force until the chapter following. The general chapter meets for the election of the superior-general; if this takes place only every twelve years, there may be a meeting of the chapter after six years for the transaction of business. With this exception, the chapter is not summoned without the consent of the Holy See. Besides the general and his councillors, the secretary-general, procurator-gen- eral, provincials, and two delegates appointed by the provincial chapter take part in this chapter. If the congregation is not divided into provinces, the superiors of important houses and one delegate from each house take the place of the provincials and dele- gates of the provincial chapter. The latter consists of the provincial, his councillors, and the superiors of important hou.ses, accompanied by a delegate from each house. The provincial chapter has ordinarily no other appointment to make than that of delegates to the chapter general. This chapter receives the accoimts of the general administration, sleets by secret ballot the general and his assistants or coun- cillors, and deliberates over all important affairs of the congregation. Sometimes the sovereign pontiff, who may appoint directly to all offices, reserves to himself the right to confirm the nomination of the superior-general. The latter is generallj- elected for six or twelve years: in the Society of the Sacred Heart, the election is for life. Ordinarily he makes provision in his council for all charges which are not within the discretion of the chapter general. Everj' three years he is bound to submit to the Holy See an account in the form prescribed bv the Decree of 16 June, 1906.

Whether a priest or not, the superior, as head of the house, has authority over all who live in it, and de- rives from the vow of obedience his power to command according to the approved constitutions. He is recommended, especially if he is not a superior-gen- eral or provincial, to make moderate use of his faculty to command in \-irtue of holy obedience. Sometimes even he can do this only in writing, .\lthough he controls the temporal administration, the Holy See requires that a separate person shall have charge of the accounts, even in the houses, and that a third shall deal with expenditures. The Holy See insists also that all valuables shall be kept in a chest with a

triple lock, so that it can be opened only by means of three separate keys, which are to be kept by the superior, the procurator, and one of the councillors. In respect of their temporal administration, the con- gregations are independent of the bishop, but they are bound to observe the rules prescribed by the Holy See, especially the precautions taken for the preserva- tion of dowTies and other funds (see the Decree '■Interea"of 30 July, 1909, Vermeersch, "Periodica", 331, V, p. 11). Even without belonging to an exempt congregation, the superior, if a priest, obtains without difficulty the faculty of giving his subjects dimissorial letters for ordinations; and if such faculty is granted him, then, in respect of the certificates to be delivered, the competent bishop etc.. the rules are the same for congregations as for religious orders.

\A'e have treated of the admi-ssion of subjects, the novitiate, and simple profession under the titles: Xovice; Posttlaxt; and Professiok, Reugious. Ordinarily, and always in the more recent orders, temporary vows for some years preceded perpetual vows: these vows, even temporarj-. are reserved to the Holy See. While the superior has the power to dismiss religiotis who have not made perpetual vows, he has not always the power to release them from their obligations, and in that case it is necessary to have recourse to the Holy See. Religious who have re- ceived any of the major orders in the institute, and those who have made perpetual vows, cannot be dismissed without the formalities prescribed for the dismissal of persons professed with solemn vows. Dismissal involves a suspension which is reserved to the Holy See; and the voluntary departure of a re- ligious who, as a religious, has been admitted to Holy orders, even of one whose temporarj- vows have ex- pired, is not regular unless he has found a bishop and means of subsistence. The sanction is the same as for one professed with simple vows in a religious order. Secularization is seldom granted to members of a religious congregation, but recourse is had to dis- pensation from \ows. Migration from one congrega- tion to another cannot take place without the con- sent of the Holy See, and it is usual to ask for that consent before entering a religious order, though there is no law forbidding such entrance.

(d) Religious Congregations under Episcopal Au- thority. — (i) Approbation. — After the Constitutions of St. Pius V, which were opposed to simple vows, the Hoh' See could only tolerate congregations with- out solemn vows. Such congregations naturally desired to be under the control of some ecclesiastical authority, which could only be that of the bishop; by degrees a custom grew up which gave bishops an incontestable right to approve religious congre- gations, and this right received express recognition from the Constitution "Conditje" of Leo XIII (8 Dec, 1900). the first part of which is wholly devoted to the diocesan congregations: its first articles contain a solemn warning against the ra.sh creation of new ones, and any excessive increase in their number. More recently the Motu proprio "Dei providentis" (16 July, 1906) declared the necessity of pontifical au- thorization before any episcopal approbation, \yhen it is desired to form a new congregation, the ordinary forwards to the Sacred Congregation of Religious the name of the founder, the object of the foundation, the name and title chosen for the new institute, a description of the habit to be worn by the novices and professed members, the work to be undertaken, the resources, and the names of similar institutes existing in the diocese. When once the consent of Rome has been obtained, the bishop may authorize the institute, respecting all things decreed by the Holy See; and in re\-ising the constitutions, he will take care that they are always in conformity with the Xornue of 1901. " It is to be remarked that in the Decree of 1906, the expression "reUgiovis institute"