Chapter — Vermeersch, Theologia Moralis
Title II: On Religious Institutes and Houses
— I. What a Religion Is, and of How Many Kinds. Today any religious Institute is called by the common name of Religion. But a Religion is of pontifical law if it has obtained from the Apostolic See either a decree of approval or at least of praise; of diocesan law, if it has been constituted by episcopal authority. In the Code, a clerical religion is said to be a religion whose greater part of members are increased by the priesthood; the others are lay.
Yet that criterion does not seem to suffice for removing every doubt, as when the whole internal hierarchy is in the hands of priests, or there is a twofold order of religious, clerics and laymen, and the class of clerics is judged chief. Will you say, in cases of this kind, that the clerical nature of the religion is impeded by the numerical plurality of laymen?
Of religions of pontifical law, some have solemn vows: they are called Orders, and their members, after vows, are regulars; others have only simple vows: they are called religious Congregations or Congregations, and their members, after vows, are religious or religious of simple vows. Thus among men. But religious women of simple vows are called sisters, while by the name of nuns are designated both religious women of solemn vows and religious women whose vows are solemn from the institute, but, from the prescription of the Apostolic See, are simple in certain places.
Of religions of pontifical law, some are exempt, others are not: the former are withdrawn from the jurisdiction of the Ordinary of the place. Religions of solemn vows are of themselves exempt. But over nuns who would of themselves pronounce solemn vows, yet in reality are admitted to simple vows alone, the bishops of Belgium and France preserve a greater authority than responses of the Holy See and custom have attributed to them after the French disturbance. Cf. response of the Sacred Congregation of Religious, May 22, 1919 (A. A. S., XI, p. 210).
— On Diocesan Religions. Although bishops can found a religious Congregation, they are prohibited from doing this without the Holy See having been consulted. And aggregation to a religion of the First Order is necessary so that there can be a religion of Tertiaries. A diocesan religion spread through several dioceses is subject to the various Ordinaries in whose territory it subsists, so that laws can be changed only by their common consent, with the points which were subjected to the Apostolic See always saved.
But once founded, a religion can no longer be suppressed except by the Holy See (cc. 492-495).
— Hierarchical Structure. 1. Most religions of men today are constituted in such a way that under one common supreme authority, each is composed of various houses, which themselves again coalesce into provinces. Hence, among internal powers, there is a certain supreme one which usually belongs to the general chapter or congregation. There is also general governance, committed to a Superior or Provost, or Minister General, to whom some Council or general Definitory is present. Provinces are governed by a provincial Superior, to whom provincial consultors or definitors are for help. But the provincial Congregation, which is sometimes convoked, in most religions by no means has parts to be fulfilled in the provinces similar to the parts which belong to the general congregation for the whole religion. It often happens that it merely expresses votes and deputes delegates to the general chapter. Finally, over individual houses there is placed a true local Superior, a Rector, Prior, or Guardian, who is helped by his own counselors.
Yet older religions, of monastic or even canonical form, lack this collegial unity. Individual monasteries are governed by a prelate or abbot, of his own right, whom the chapter of the monastery assists. Yet so that they might enjoy the privilege of exemption, which was no longer granted to separated monasteries, most monasteries came together into monastic congregations, over which a certain Abbot General presides. But his power is not to be compared with the power of the Superior General of more recent religions. And of some mixed genus are the Cluniac and Cistercian Congregations, which, besides the stable unity of the monastery over which its own abbot presides, form a true universal body under a General. Leo XIII introduced among the Benedictines an Abbot Primate of the whole Order, with some defined power.
For a long time cloister itself prohibited religious women from imitating the collegial system of religions of men. Wherefore individual houses even of the Poor Clares, Colettines, and Teresians are of their own right. Not long ago a certain Union of Ursulines, the Roman Union, obtained from the Holy See a form of cloister so mitigated that solemn vows could be reconciled with collegial form. The more received Institutes of women, which are devoted to various works of charity and are not bound by pontifical cloister, have been accustomed to be hierarchically constituted. Yet more often than among men, the residences even of Sisters are individually of their own right.
Now Superiors General and provincials, or those having equivalent power, and not only the Abbot Primate and Abbot Superior of a monastic Congregation, but also Abbots of monasteries of their own right, are in law Major Superiors; and if they pertain to an exempt clerical religion, they are addressed by the name of Ordinaries, but not Ordinaries of the place.
— II. The residences of religious are called by the generic name of religious houses; a regular house is the house of an Order. A formed house designates a religious house "in which at least six professed religious dwell, of whom, if there is question of a clerical religion, at least four are priests" (c. 488, 5).
Usage also has it that the word monastery is rather reserved to houses of monks and nuns; the word convent, now more general, is more proper for houses of mendicants, while more recent religions not rarely, according to the various destination of the house, call their houses novitiate, college, residence, etc.
— III. The erection of a religious house, whether formed or not formed, requires, if it is exempt or situated in places subject to the Sacred Congregation of Propaganda Fide, the good pleasure of the Apostolic See and the written consent of the Ordinary of the place. In other cases, the permission of this Ordinary suffices (c. 497, §1). Yet a house of novitiate must be approved by the Holy See if there is question of a religion of pontifical law.
The constitution of the house having been obtained, a clerical religion can annex a public church or oratory to the house, in such a way nevertheless that the definite place of the public oratory is to be approved by the Ordinary of the place; and, with the conditions attached in the faculty itself saved, any religion is permitted to exercise its own works (cc. 497, §2 and 1162, §4).
But the erection of a school, hospice, or similar separate building demands the written permission of the Ordinary: which permission suffices (c. 497, §3).
— The suppression of an exempt religious house requires apostolic good pleasure; the house of a Congregation of pontifical law but not exempt can be suppressed by the supreme moderator, with the Ordinary of the place consenting; the house of a Congregation of diocesan law, by the authority of the Ordinary of the place alone, the moderator of the Congregation having been heard, but with the right of recurring in suspensive effect to the Apostolic See saved. Yet if there is question of the only house of the Congregation, apostolic good pleasure is required: for once a Congregation has been founded, it cannot be extinguished except by the authority of the Holy See (cc. 493 and 498).
Summary
— I. Religious institutes are called by the common name religions. Having obtained a decree of praise, they are of pontifical law; the rest are of diocesan law; but today bishops are forbidden to found or approve religions without the Holy See having been consulted. Spread into various dioceses, a diocesan religion is equally subject to the individual Ordinaries. And, once founded, it cannot be suppressed without the Holy See.
Religions are clerical or lay; Orders, with solemn vows, or Congregations, exempt or not. Men are called regulars or religious; religious women are sisters or nuns.
Most institutes today coalesce from various houses, indeed also from provinces, so that the supreme Moderator, provincial Moderator, who are called Major Superiors, and local Moderator are to be distinguished. The very abbot of a monastery of his own right, and any independent Superior, is also a Major Superior. A Major Superior of an exempt clerical religion is called an Ordinary, yet not an Ordinary of the place.
II. The house of an Order is specially called regular; a formed house requires at least six professed, of whom four are priests, if there is question of a clerical religion.
The erection of a house, even not formed, demands, if it is exempt or in places subject to Propaganda Fide, the good pleasure of the Apostolic See and the written consent of the Ordinary of the place, whose consent suffices for other houses. A house of novitiate, if there is question of a pontifical religion, must always be approved by the Holy See.
A religious house is suppressed, if exempt, with apostolic good pleasure acceding; if of pontifical law, by the supreme moderator, with the Ordinary of the place consenting; if diocesan, by the authority of the Ordinary of the place, the moderator of the Congregation having been heard.