§ 2. On The Vow Of Chastity

2160. • By the VOW OF CHASTITY a Religious forbids to himself every voluntary venereal delight, even that which could become licit in legitimate matrimony.¹ Hence,

I. By force of the vow of chastity, a Religious is held UNDER GRAVE obligation to abstain from every voluntary act of luxury, both internal, as from base joy, desire, morose delectation; and external, as from immodest speech, sight, touch, etc.; and at the same time from probable danger of sinning against chastity. For he has vowed chastity both of mind and of body; and therefore, as often as he offends against this vow, he incurs the guilt of a twofold malice to be opened in Confession, namely guilt against the virtue of chastity and guilt of sacrilege against the virtue of religion.² "And most probably he also sins against the common good, if there is danger that by his sin Religion be defamed."³

Two things WORTHY OF NOTE are to be added here, namely: 1) From the simple vow of chastity, subsequent matrimony is prohibited, but is not invalidated; whence if a Religious, notwithstanding this vow, should enter nuptials, he would commit only one sin, namely against religion, in the petition of the conjugal debt. - 2) From the solemn vow, matrimony is both prohibited and invalidated, and therefore one bound by such a vow, in the use of an attempted marriage, would be stained by a twofold sin, i.e. the sin of fornication and the sin of sacrilege.

II. For the custody of chastity, the LAW OF ENCLOSURE has been established for monasteries, both of men and of nuns.

2161. • The law of ENCLOSURE, insofar as it affects monasteries of Regulars, prohibits two things: namely the going out of Regulars, and the entrance of women.

1. The going out of male Regulars is not licit, except by legitimate license of the Superior. For thus Clement VIII established: "Let no one dare to go out from the Convent except from a cause, and with a companion, and with license obtained from the Superior each time; who is not to concede it otherwise than once the cause has been proved, and is to join a companion to the one going out, not at the request of the petitioner, but by his own judgment, nor the same one too often. But general licenses of going out are to be conceded to no one."⁴

Authors commonly say that the transgression of this precept is grave if the going out is done at night, furtively, and this case is reserved in several Religions, or repeatedly through the day with scandal; but venial, if it happens once or twice without scandal and contempt.⁵

2. The ENTRANCE of women into the precincts of a monastery of male Regulars is prohibited under penalty of excommunication reserved to the Supreme Pontiff, which both the women themselves violating enclosure, under whatever pretext, and Superiors and others admitting them incur. In the Const. Apostolicae Sedis of Pius IX (cf. n. 1334).

It is said 1) entrance of women, of whatever condition they may be. Only Queens, Electresses, and similar women are excepted, and their daughters; likewise Foundresses, provided from the Constitution Regularis disciplinae of Benedict XIV⁶ they have a privilege from the Apostolic See in the form of a Brief, and exhibit it to the Ordinaries or prelates of the monastery. 2) Into the precincts of a monastery of Regulars, i.e. of those emitting solemn vows. For the penalty of excommunication does not regard other convents unless in them there is enclosure constituted by privilege after the likeness of regular enclosure.

But as regards the MANNER of observing enclosure, St. Alphonsus notes⁷ that legitimate and reasonable customs, approved by the authority of Superiors, are to be attended to; but not those which should rather be called abuses and corruptions.

2162. • The custody of nuns is stricter than that of Regulars; for,

I. AS REGARDS GOING OUT, they incur excommunication reserved to the Roman Pontiff if they go out from the monastery without most urgent necessity, even if this were done secretly. Thus from the Constitution Decori of St. Pius V, and from the Const. Apostolicae Sedis of Pius IX (cf. n. 1333).

It must be noted: 1. that this penalty by common law is not incurred except from violation of papal enclosure, which from the decrees of the Council of Trent and of the Supreme Pontiffs has been prescribed for nuns emitting solemn vows. Nevertheless episcopal enclosure also, as well as papal enclosure by special decree, can be imposed on nuns pronouncing simple vows under a similar penalty and in the same form.⁸

It must be noted 2. that in this violation of enclosure there is not given smallness of matter, even if the going out is done by only one step, or onto the roof, outside the window, in the turn turning outward, or in the exterior church, provided the whole person comes outside.⁹

It must be noted 3. that nuns are excused both from censure and from sin in a case of urgent necessity, as of great fire, great flood, incursion of soldiers, ruin of the building, infirmity of leprosy, epidemic, i.e. pestilence or some contagious disease, as St. Pius V speaks; but it is required, if time permits, that there be license of the Bishop in writing, and also of the regular Prelate if the monastery is exempt.¹⁰

2163. • II. AS REGARDS ENTRANCE. - All the faithful, of whatever class or condition, sex, or age they may be, entering monasteries of nuns without legitimate license incur excommunication reserved to the Pope; and likewise nuns, or others, introducing or admitting them, even if not to an evil end. Thus from the Const. of Pius IX (cf. n. 1333).¹¹ - Nevertheless,

1. The following CAN ENTER monasteries: 1) Bishops in a case of necessity or visitation, but accompanied by a few mature persons. - 2) Regular Prelates, once in a year, for the cause of visitation. - 3) The confessor, for administering the Sacraments in necessity, with a license, namely general, unless the necessity is extreme, and dressed in surplice and stole. But he can minister the Holy Eucharist to the sick as often as he ministers it to the healthy.¹² - 4) A physician, or ordinary surgeon. But his license, although general, is to be renewed every quarter, and two of the senior nuns must always accompany the one entering. Likewise an extraordinary physician in default of an ordinary one, just as also other physicians with whom counsel is to be entered. - 5) A notary, with special license, for seeking some necessary writing in the archive, or for making the testament of some girl. - 6) Craftsmen, gardeners, masons, bakers, porters, and others of that kind, for furnishing some necessary work, with the same special license. But once the work has been furnished, they must go out without delay; for every useless stay which is notably protracted is forbidden under grave obligation.¹³ Nor is entrance licit if they can exercise their art outside the enclosure.

2. The license is LEGITIMATELY GRANTED, by himself or through another, e.g. the abbess or confessor: 1) by the Bishop, or his Vicar, if the monastery is subject to the Bishop; 2) by the Bishop alone, or another expressly delegated by the Holy See, if the monastery is subject to the Apostolic See; 3) by the regular Prelate, if the monastery is subject to him and custom does not oppose.¹⁴ - Formerly, from the Tridentine decree, license had to be given in writing. Today, from the common interpretation of the Const. Apostolicae Sedis of Pius IX, one given orally suffices, at least for avoiding censure.

3. For legitimate license a REASONABLE CAUSE is always required, and probably a just one, i.e. moral necessity on the part of the monastery; nevertheless less for a woman than for a man, for daytime entrance than for nighttime entrance, for the first buildings than for the interior ones.¹⁵ The cause of learning some art does not suffice, unless the art would be necessary to the monastery; nor the cause of carrying out the funeral of a deceased nun, even if such a custom had already grown strong; nor the cause of blessing cells, or of exorcizing some nun; nor the cause of consecrating a virgin; nor the cause of clothing a novice, or of forming a painted image of a nun or girl; nor the cause of placing in a safe place a married woman separating from her husband.¹⁶ Finally, without license of the Holy See to be obtained each time, girls cannot be received into the enclosure for the sake of education.¹⁷

4. In a case of sudden necessity, e.g. danger of death, fire, etc., no license is required, because human law does not oblige in so great a crisis.¹⁸

2164. • IT IS ASKED. What concerning CONVERSATION at the grates with nuns?

Resp. 1. For protecting nuns in every better way, besides the most strict law of enclosure, laws have been issued by which 1) Lay persons frequenting monasteries of nuns without license of the Ordinary incur excommunication ferendae sententiae; but Clerics incur suspension to be imposed by the Bishop. Further, frequency consists in this, that someone approaches the monastery on three continuous days, or once in individual months for about a year, or four times in a week.¹⁹ 2) But Regulars undergo privation of active and passive voice and of office, and sin gravely, even if the conversation is held only once, for whatever honest cause and through whatever small space of time, according to the Decree of the Sacred Congregation of the Council issued on 11 May 1669.²⁰

Resp. 2. The following are EXEMPTED from this prohibition: 1) Relatives joined in the first and second degree of consanguinity, except on forbidden days, and except also Regulars, who can never speak with nuns or other persons dwelling in enclosure without license of the Ordinary. 2) Confessors, whether ordinary or extraordinary. - 3) The poor and public beggars, from tacit license of Superiors; likewise servants bearing gifts and quickly dispatching themselves. - 4) Those speaking with the Abbess alone, because she, in odious matters, is not comprehended under the name of nuns.²¹

It must moreover be noted that these laws are not in force except in places where the law itself concerning papal enclosure most fully has force.