Second To Nun
CATHOLIC ENCYCLOPEDIA: Cloister. Help support New Advent and get the full contents of this website as an instant download. This word occurs in Roman law in the sense of rampart, barrier, . Benedict of Aniane, c.
In modern ecclesiastical usage, clausurasignifies, materially, an enclosed space for religious retirement; formally, it stands for the legal restrictions opposed to the free egress of those who are cloistered or enclosed and to the free entry, or free introduction, of outsiders within the limits of the material clausura. Synopsis of existing legislation. The actual legislation distinguishes between religious orders and institutes with simple vows; institutes of men and those of women. Religious orders.
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Male. Material Clausura. According to the present common law every convent or monastery of regulars must, on its completion, be encloistered. A convent is defined as a building which serves as a fixed dwelling- place where religious live according to their rule. According to the common opinion of jurists (Piat, . The Congregation of Propaganda seems to have in this opinion its own, in decreeing that, in missionary countries, the law of cloister applies to the religious houses which belong to the mission, and which serve as a fixed dwelling for even two or three regular missionaries of the Latin Rite (Collectanea Propagandae Fidei, Replies of 2. Aug., 1. 78. 0, and of 5 March, 1.
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On the other hand, the law of cloister does not apply to houses which are simply hired by religious, and which cannot therefore he looked upon as fixed and definitive homes, nor to the Villa- houses to which the religious go for recreation on fixed days or for a few weeks every year. Strictly speaking, the whole enclosed space — house and garden — ought to be encloistered. Custom, however, allows the erection, at the entrance to the convent, of reception rooms to which women may be admitted. These reception rooms should he isolated from the interior of the convent, and the religious should not have free access to them. The churchchoir, and even the sacristy, when it is strictly contiguous to the church, are neutral territory, here women may enter, and the religious are free to go thither without special permission. It may be asked whether a strictly continuous material barrier is a necessary part of the clausura.
Lehmkuhl (in Kirchenlex., s. Clausura) is of the opinion that a door which can be locked should separate the cloistered from the other parts of a house of religious. Passerini, however, thinks (De hominum statibus, III, 4. And even in the Roman law, the clausurae were sometimes fictitious. Finally, it may be added that it is for the provincial superior to fix the limits of the cloister and the point at which it begins, in comformity with the usages of his order and with the local needs; of course his power is limited by the dispositions of the law.
Formal Clausura. Obstacle to the Free Egress of the Religious. The cloistered religious may not go outside their material cloister without permission, still, the religiousman who transgresses this prohibition does not incur any ecclesiastical censure.
In two cases, however, he would commit a grave sin: if his absence were prolonged (i. Going out at night without permission is usually a reserved case. But what constitutes going out by night? The present writer is of the opinion that the common estimation (which may vary in different countries) defines it. It consists in leaving the cloister without a good and serious motive, at a late hour, when people would be surprised to meet a religious outside his monastery. Canonical legislation carefully provides that religious, when not employed in the functions of the sacred ministry, shall reside in monasteries. The Council of Trent had already forbidden them to leave the monastery without permission under pretext of meeting their superiors.
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If they are sent to follow a university course, they must reside in a religious house. The Promise Of Forever. The bishop can and must punish the violators of this law of residence (Sess.
Certain decrees of reform, primarily intended for Italy alone, but probably extended by usage, specially forbid religious to go to Rome without permission of the superior general. Obstacle to the Entrance of Outsiders. Women are strictly forbidden to enter the encloistered portions of a house of male religious. Pius IX renewed the sentence of excommunication against violators of this law.
This excommunication is absolutely reserved to the Holy See; it affects the women who enter as well as the superior or religious who admits them. The penalty always supposes, of course, a serious sin on the offender's part, but the moralists are very severe in their appreciation of cases. The fact of having just fully crossed the boundary suffices, according to them, for the commission of a serious sin and incurs the penalty. Such severity is comprehensible when a continuous material barrier separates the cloistered and noncloistered parts of the monastery; still, the present writer is rather inclined to exonerate that person from a grievous sin who should just step over the boundary and retire immediately. Where there is no such barrier, somewhat more latitude may be allowed.
The law makes exceptions for queens and women of like rank, as, for example, the wife of the president of a republic; such persons may also be accompanied by a suitable retinue. Exception is also sometimes made for notable benefactresses, who must, however, previously obtain a pontifical indult. It should be noted that young girls under twelve do not incur this excommunication, but the religious who should admit them would incur the penalty. It is not certain that young girls under seven come under the law; hence the religious who should admit them would not commit a grave fault or incur the excommunication. Female. Material Clausura. Those parts of the convent to which the nuns have access are all within the cloister, the choir not excepted. Here the law recognizes no neutral territory.
If the conventchurch be public, the nuns cannot go into those parts accessible to the people. Further, the building should be so constructed that neither the sisters can look outside their enclosure, nor their neighbours see into the court- yards or gardens at the disposal of the sisters. Before establishing a women'sconvent with cloister, it is the desire of the Holy See — if it be not a condition of validity — that the beneplacitum Apostolicum should be obtained; this is a certain obligation for countries, like the United States, which are subject to the Constitution of Leo XIII . Under no pretext may the sisters go outside their cloister without a legitimatecause approved of by the bishop.
Such is the legislation of the Council of Trent (Sess. Without keeping rigorously to this enumeration, we may say that an analogous necessity is always required in order that the bishop may accord the permission. The nuns who transgress this law incur an excommunication reserved absolutely to the Holy See (. Obstacle to the Free Entrance of Outsiders. The law is much more severe for female than for male houses; in fact, even women are rigorously excluded from the cloistered parts. The penalty for those who enter and for those who admit or introduce them is the same — an excommunication absolutely reserved to the Holy See (.
The penalty affects all those, and only those, who have reached the age of reason. Hence, in spite of the general terms of the law, it seems probable that the sister who should introduce a child under seven would not incur the ecclesiastical censure. This regime, however, admits of exceptions; corporal or spiritual needs demand the physician's or the confessor's presence, the garden must be cultivated, the building kept in repair. Hence general permissions are given to doctors, confessors, workmen, and others. The confessor of the nuns has this permission in virtue of his office, so also the bishop who must make the canonical visitation, and the regular superior. If the convent be under the jurisdiction of regulars, outsiders who need to enter the cloister probably require only one permission, that of the regular superior, except where custom requires also the permission of the bishop or of his delegate (St. Benedict XIV, Lehmkuhl, and Piat, basing their view on the jurisprudence of the congregation of the Council, hold that the bishops permission is always required.
This permission, whether coming from the bishop or from the regular superior, should be in writing, according to the wording of the law; but an oral permission is sufficient to avoid the censure (St. We may follow the opinion of St. It should be observed that girl- boarders are subject to this legislation. Hence the solemnly professed nuns who wish to occupy themselves with the education of the young must be provided with a pontifical indult.
However, cloistered nuns are not absolutely forbidden all intercourse with the outside world. They may of course receive letters; they may also receive visitors in the conventparlour, provided that they they remain behind the grating, or grille, erected there. For such visits a reasonable cause and a permission from the bishop is usually needed . The permission, however, is not required in case of those who, by virtue of their office, are obliged to have relations with a convent, viz.
Except in Advent and Lent, relatives and children are permitted once a week. The conditions for a visit by a male religious are very severe; according to some authors he can only receive permission if he is a blood relation to the first or second degree, and then only four times a year. Further, although an irregular visit on the part of a layperson or secular priest does not constitute a grave a fault, any visit without leave is a mortal sin for the religious. Such is the severity of the prohibition contained in the decree of the Congregation of the Council, dated 7 June, 1.
However, the conditions commonly required for a mortal sin must be present.