RELIGIOUS CONGREGATION. - The CIC defines a r.c. as a religio, that is, a religious institute in which only simple vows are taken, whether perpetual or temporary (can. 488, 2). This element (exclusively simple vows) constitutes the essential difference between a religious Order and a r.c., although in common language the one is often confused with the other.
In juridical terminology, the members of female r.c. are called sisters (sorores); the term nun (monialis) is reserved for the members of the ancient Orders (can. 488).
I. HISTORY
The distinction between simple and solemn vows arose fairly early from the doubt about the effect of the vow of chastity with regard to the validity of marriage. The vows made in the clothing with the habit or in religious profession were considered as solemn. Thus there came to be formed the opinion that the solemnity of vows was an essential condition of the religious state. This opinion also created no slight opposition in the 16th century to the founder of the Society of Jesus. However, the solemn declaration of Gregory XIII, that the scholastics and the coadjutor brothers of the Society, notwithstanding their simple vows, were true religious, without removing the ancient opinion, helped the formation of the concept of religious life with simple vows (v. voto).
The origin of religious congregations seems to have to be sought in certain communities of Franciscan or Dominican tertiaries, male or female, bound also by simple vows. Before the 15th century no example is known of a religious institute with merely simple vows. The "Gray Sisters" and the "Black Sisters," very numerous at that time in Belgium and in northern France, could be the first example of this form of institute. Others can be cited in the 16th century, for example, the Ursulines at Milan. The great reformer St. Pius V wished to suppress all female communities of simple vows and without papal enclosure (constitution Circa Pastoralis, 29 May 1566) and perhaps also the male ones (constitution Lubricum vitae genus, 17 Nov. 1568). In fact, through a certain tolerance of the Holy See, not all of them died out; indeed new ones were founded with the approval of bishops or apostolic nuncios. In the 17th century female congregations began to multiply, especially to keep schools or to care for the sick; on the other hand the male congregations, except one (the Brothers of the Christian Schools), go back at most to the 18th century.
Two pontifical documents (after that of Pius V) have a special importance for the evolution of religious congregations: the constitution Quanvis iusto, 30 Apr. 1749, of Benedict XIV on the relations between superior generals and bishops, and the constitution Conditae a Christo, 8 Dec. 1900, of Leo XIII. The latter, which can well be called the Magna Charta of religious congregations, accurately defines the powers of the Ordinaries with regard to congregations of diocesan right and of pontifical right. The considerable number of magnificent religious congregations founded after the French Revolution had opened the way to the total recognition of this form of religious life without solemn vows. However, they had to wait for the CIC to see the character of religious state officially recognized (cann. 487 and 488).
II. LAW
To found a new religious congregation (c. r.), Ordinaries must obtain the nihil obstat from the Sacred Congregation of Religious (can. 492); this is not a positive approval, which is not granted before the new institute has given indisputable proofs of vitality and spiritual usefulness in the Church. Therefore the new congregation, even if it spreads through several dioceses, remains of diocesan right, totally subject to the local Ordinary, with a certain autonomy in some aspects of its internal government (can. 492 § 2).
The first degree of approval by the Holy See is, in most cases, the decretum laudis, by which the supreme pontiff "praises and fully recommends this institute as a religious congregation" (Normae S. Congr. de Relig., 6 March 1921, n. 6). Once this document is obtained, the congregation becomes of pontifical right. The effect of this change of juridical status consists first of all in a greater immediate dependence on the Holy See and in a greater independence from the diocesan Ordinary in its internal government. For example, Ordinaries can no longer change anything in the constitutions; the election of the superior general no longer has to be confirmed by the local Ordinary (can. 506 § 4); superiors are much more independent in the administration of the institute's goods (can. 535); the indult of exclaustration (v.) and of secularization (v.) must be granted by the Holy See (can. 658).
Quite often the decree of praise grants a temporary approval of the constitutions. Approval of the congregation itself will be granted, not infrequently, with the definitive approval of the constitutions. Shortly after the promulgation of the CIC, a special commission for the approval of new institutes was created within the Sacred Congregation of Religious.
Almost all religious congregations have a centralized government, although the individual provinces and houses are true moral persons, capable of acquiring and administering goods for themselves, unless the constitutions provide otherwise (can. 531). But the houses and persons are under the authority of the superior general (can. 502); local superiors are not elected by the community, but are appointed by the superior general.
Few religious congregations have received the privilege of exemption (v.), which withdraws their members and their houses and churches from the jurisdiction of the local Ordinary, except in the cases explicitly noted by the CIC.
Besides the general purpose of the sanctification of its members through the practice of the evangelical counsels and of the rule or constitutions, each congregation has a special end, which ranges from pure contemplation to the most diverse forms of the apostolate. Some adhere strictly to a well-determined special end, for example, secondary schools; some consecrate themselves to all forms of teaching and charity; in recent times not a few congregations have been founded that propose the aim of helping parish priests in their apostolate and especially in the various works of Catholic Action.
No religious congregation, even of diocesan right, can be suppressed except by the Holy See (can. 493).