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tions, and has the right to require an account of the
temporal adiiiinistration. (b) The superior retains
such power as is adapted to the vows and the necessi-
ties of community hfe. (c) The obhgation of the
Divine Office is such as imposed by the rule; the en-
closure is of episcopal law. (d) The vow of poverty
does not prevent the possession of property. As a
rule, dispositions of property "inter vivos " and by will
cannot be licitly made without the consent of the
superior or the bishop. Unless forbidden by the
bishop, the superior may permit the execution of such
instruments as are necessary for the purpose, (e) In-
dulgences and spiritual privileges (among which may
be reckoned the use of a special calendar) remain
intact, (f) In principle, the prelate of the First Or-
der is without authority over the nuns.
V. Religious Congregations and Pious So- cieties UNDER Pontifical Authority, (a) Con- gregalions. — Since the constitution "Conditse" of 8 December, 1900, and the Regulations of 28 June, 1901, we possess precise rules by which to distinguish the congregations governed by pontifical law. Before formally approving a congregation and its constitu- tions, the Holy See is accustomed to give its commen- dation first to the intentions of the founders and the purpose of the foundation, and then to the congrega- tion itself. The second decree of commendation has the effect of bringing the congregation into the number of those which are governed by pontifical law, and especially by the second part of the constitution " Con- ditae". Bizzarri in his "Collectanea" gives a hst of congregations so commended up to 1864 (1st ed, 861 sqq.). This approbation is not usually granted until the congregation has existed for some time under the authority of the bishop. The congregations are con- stituted on the model of the newer religious orders, that is to say they group several houses, each governed by a local superior, under the indirect authority of a superior general; many, but not all, are divided into provinces. Many form communities of tertiaries, who as such have a share in the spiritual privileges of the order to which they are affiliated. Except in the case of a special privilege, like that which places the Daughters of Charity under the Superior General of the Priests of the Mission (see decree of 25 May, 1888) the Holy See no longer permits a bishop, or the dele- gate of a bishop, or the superior general of a congrega- tion of men to be superior over a congregation of sis- ters. Before the regulations of 1901 the rules of new congregations differed in many respects. The details if internal government which follow apply to newly established congregations rather than to the older ones, like the Ladies of the Sacred Heart.
The government of the congregations is vested in the general chapter, and in the superior general as- sisted by a council with certain rights reserved to the bishops, under protection and supreme direction of the Sacred Congregation of Religious. This is the only coinpetent Congregation since the reform of the Roman Curia by the constitution "Sapienti" of 29 June, 1908. The general chapter includes in all ca,ses the superior general, her counsellors, the secretary general, the treasurer general, and if the congrega- tion is divided into provinces, the provincial superiors, and two delegates from each province, elected by the provincial chapter. If there are no provinces, the general chapter includes (besides those mentioned above) all superiors of houses containing more than twelve nuns, accompanied by one religious under per- petual vows elected by all the professed sisters (includ- ing those under temporary vows) of such houses. The less important houses are grouped among themselves for this election, or annexed to a principal house. This chapter ordinarily meets every six or twelve years, being summoned by the superior general or mother vicaress; but an extraordinary meeting may be called on the occurrence of a vacancy in the office
of superior, or for any other grave reason approved by
the Holy See. The general chapter elects by an
absolute majority of votes in secret ballot the superior
general, the counsellors or assistants general, the sec-
retary general, and the treasurer general, and deliber-
ates on important matters affecting the congregation.
In many cases especially when there is a question of
modifying the constitutions, the permission and con-
firmation of the Holy See are required. The capitular
decrees remain in force till the next chapter. The
bishop as delegate of the Holy See, presides over the
elections in person or by his representative. After
the ballot he declares the election valid, and an-
nounces the result. The provincial chapter, com-
posed of the provincial, the superiors of houses con-
taining at least twelve nuns, and a delegate from each
principal house (as above) has no other office,
according to common law, but to depute two sisters
to the general chapter.
The superior general is elected for six or twelve years; in the former case she may be re-elected, but for a third consecutive term of six years, or a second of twelve years, she must receive two-thirds of the votes, and the consent of the Holy See. She may not resign her office except with the consent of the Sacred Con- gregation, which has the power to depose her. The house in which she resides is considered the mother- house, and the permission of the Holy See is necessary for a change of residence. She governs the congrega- tion according to the approved constitutions, and is bound to make a visitation every three years either personally or by a deputy, to exercise a general control over the temporal administration, and to submit to the Sacred Congregation an official report counter- signed by the ordinary of the principal house. (See the instruction accompanying the decree of 16 July, 1906, "Periodica de Religiosis", n. 134, vol. 2, 128 sqq.). The superior general nominates to the differ- ent non-elective offices, and decides the place of resi- dence of all her subjects. The counsellors general as- sist the superior general with their advice, and in many matters the consent of the majority is required. Two of them must live with the superior general, and the rest must be accessible. According to the regulations of 1901, the approval of the general council is required for the erection and suppression of houses, the erection and transfer of novitiates, the erection of new prov- inces, the principal nominations, the retention of a local superior for longer than the usual term of office, the dismissal of a sister or novice, the deposition of a superior, mistress of novices or counsellor, the provis- ional appointment of a counsellor deceased or deprived of office, the nomination of a visitor not a member of the council, the choice of a meeting place of the gen- eral chapter, the change of residence of the superior general, the execution of all contracts, the auditing of accounts, all pecuniary engagements, the sale or mort- gage of immovable property, and the sale of movable property of great value. For an election there must be a full meeting of the council, and provision must be made to replace any members who are prevented from attending. In case of a tie, the superior has a casting vote.
The secretary general keeps the n^inutes of pro- ceedings, and has charge of the archives. The treas- urer general administers the property of the whole congregation. The provinces and the houses have also their own property. The Holy See insists that the safes containing valuables shall have three locks, the keys of which shall be kept by the superior, the treas- urer, and the oldest of the counsellors. In her adminis- tration the treasurer must be guided by the complica- ted rules of the recent in.struction "Inter ea" of 30 July, 1909, which refer especially to pecuniary engage- ments. The consent of the Holy See is required before any liability can be incurred exceeding ten thousand francs, and in case of smaller liabihties than this but
