Violation of enclosure (Cann. 2342, 600–601)

In order to safeguard the chastity of religious, and to enable them to lead more quiet and tranquil lives, the law of enclosure has been introduced. The enclosure in a religious house is all the space within which the religious may move freely, but which they may not leave without the required permission, and to which others are denied access.

The law of enclosure is laid down in detail in the new Code of Canon Law, Can. 597 ff.

Papal enclosure should be kept in the houses of regulars, whether of men or women, if they are canonically erected, even though less than six professed religious live there.

Enclosure should also be kept in the houses of religious congregations whether of pontifical or diocesan law. The bishop has authority in this matter, and can enforce his regulations by censure.

Even societies of men or women who live together under a superior like religious, but without vows, are subject to the law of enclosure according to Canon 679, sec. 2.

In divinis —In divine worship, not in secular matters. Canon 2341 IV. Si quis contra praescriptum [privilegii fori] ausus fuerit ad judicem laicum trahere . (If anyone, against the prescription of the privilege of the forum, shall have dared to drag before a lay judge) . . alium Episcopum etiam mere titularem, aut Abbatem vel Praelatum nullius, vel aliquem ex supremis religionum juris pontificii Superioribus excommunicationem latae sententiae Sedi Apostolicae simpliciter reservatam incurrit. (another Bishop even merely titular, or an Abbot or Prelate nullius, or one of the supreme Superiors of religious orders of pontifical right, incurs an excommunication latae sententiae simply reserved to the Apostolic See.) See above, p. 272 f. Canon 2342 Y. Plectuntur ipso facto excommunicatione Sedi Apostolicae simpliciter reservata: (There are punished ipso facto with an excommunication simply reserved to the Apostolic See:)

(z) Clausuram monialium violantes, cujuscumque generis aut conditionis vel sexus sint, in earum monasteria sine legitima licentia ingrediendo, pariterque eos introducentes vel admit ((1) Those who violate the enclosure of nuns, of whatever kind or condition or sex they may be, by entering their monasteries without lawful permission, and likewise those who bring them in or admit them;) tentes; quod si clerici sint, praeterea suspendantur per tempus pro gravitate culpae ab Ordinario definiendum. (and if they be clerics, let them besides be suspended for a time to be determined by the Ordinary according to the gravity of the fault.)

(3) Moniales e clausura illegitime exeuntes contra praescriptum Can, 601.

Clausuram monialium—The papal enclosure of nuns with solemn vows. The enclosure comprises the whole convent except the church and adjoining sacristy and the parlour near the door, Violantes—By going into the enclosure without leave of the Holy See. Canon 600 gives the exceptions, which are: The local Ordinary and regular superior with companions on visitation, the confessor, civil rulers with their wives and attendants, Cardinals; with the permission of the abbess and the approbation of the local Ordinary, the doctor, surgeon, workmen for necessary repairs.

Cujuscumque.—Clerics, laymen, women, children under the age of puberty.

Introducentes—Those who conduct them inside, open the door for them.

Admittentes—Superioresses, porteresses, whose duty it is to keep them out.

The law of enclosure for nuns not only forbids externs to enter the convent enclosure without leave, but it also prohibits the nuns from leaving it without special leave of the Holy See except in imminent danger of death or other very serious evil (Can. 601).

(2) Mulieres violantes regularium virorum clausuram et Superiores aliique, quicumque ii sint, eas cujuscumque aetatis introducentes vel admittentes; et praeterea religiosi introducentes vel admittentes priventur officio, si quod habeant, et voce activa ac passiva. ((2) Women who violate the enclosure of male religious, and the Superiors and others, whoever they may be, who bring them in or admit them, of whatever age; and besides, religious who bring them in or admit them are to be deprived of their office, if they hold any, and of active and passive voice.)

Mulieres —Not, therefore, men, who may enter the enclosure of regular orders of men. Regularium—Who take solemn vows.

Superiores—Higher and lower, porters and others.

The rest is clear from what has been said above. Canon 2346 VI. Si quis bona ecclesiastica cujuslibet generis sive mobilia sive immobilia, sive corporalia sive incorporalia, per se vel per alios in prosprio usus convertere et usurpare praesumpserit aut impedire ne eorumdem fructus seu reditus ab iis ad quos jure pertinent percipiantur, excommunicationi tamdiu sub- (If anyone shall presume, by himself or through others, to convert to his own use and to usurp ecclesiastical goods of any kind whatsoever, whether movable or immovable, corporeal or incorporeal, or to prevent their fruits or revenues from being received by those to whom they belong by right, let him lie under excommunication for so long) jaceat quamdiu bona ipsa integre restituerit, praedictum impedimentum removerit, ac deinde a Sede Apostolica absolutionem impetraverit. (let him lie under it until he has fully restored those goods, removed the aforesaid impediment, and thereafter obtained absolution from the Apostolic See.)

III. Papal enclosure. Enclosure is distinguished as twofold: papal or major enclosure, and minor enclosure. Papal enclosure is that which must be observed in houses of regulars, both of men and of women; minor enclosure is that which must be observed in houses of religious congregations. Concerning papal enclosure, accept the following:

1. General matters. a) In canonically constituted houses of regulars, whether of men or of women, even not formed, papal enclosure must be observed (can. 597, § 1). Nevertheless, by force of an apostolic indult, houses of nuns which in fact do not emit solemn vows are exempt from papal enclosure.¹

b) By the law of papal enclosure there is affected the whole house which the regular community inhabits, with the gardens and grounds reserved to the access of religious; excepted, besides the public church with the adjoining sacristy, is also the lodging for visitors, if there is one, and the parlor, which, as far as can be done, should be established near the door of the house (can. 597, § 2).

c) The parts subject to the law of enclosure should be openly indicated; but it will belong to the major Superior or General Chapter according to the constitutions, or, if there is question of a monastery of nuns, to the Bishop, to prescribe accurately the limits of enclosure or to change them for legitimate causes (can. 597, § 3).

d) Enclosure is violated even if someone enters illicitly within the bounds of enclosure by only one step, provided he enters with his whole body (St. Alphonsus IV, 229).

2. Papal enclosure of men. a) Within the enclosure of male regulars women of whatever age, class, or condition are not to be admitted under any pretext (can. 598, § 1).

b) The wives, with their retinue, of those who actually hold the supreme rule of peoples are exempted from this law (can. 598, § 2).²

c) If a house of male regulars has attached to it a boarding school for internal students or another work proper to the religion, at least a separate part of the building, if it can be done, should be reserved for the habitation of religious, subject to the law of enclosure (can. 599, § 1).

d) Even into places outside the enclosure which are reserved for external or internal students or for works proper to the religion, persons of the other sex are not to be admitted except for an equitable cause and with the license of the Superior (can. 599, § 2).

e) Women violating the enclosure of male regulars, and Superiors and others, whoever they may be, introducing or admitting them of whatever age, are punished by an excommunication ipso facto simply reserved to the Apostolic See; and besides, religious introducing or admitting them are deprived of office, if they have one, and of active or passive voice (can. 2342, 2nd).

3. Papal enclosure of women. a) Within the enclosure of nuns no one, of whatever class, condition, sex, or age, is to be admitted without license of the Holy See, except the persons who follow:

alpha) It is licit for the local Ordinary or regular Superior, when visiting a monastery of nuns, or for other Visitors delegated by them, to enter the enclosure only for the cause of inspection, care being taken that at least one cleric or religious man of mature age accompany them (can. 600, 1st).

The discussion concerns a local visitation. A personal visitation ought to be made at the grilles; nor is entrance into the enclosure admitted on the occasion of examining the will, election, clothing, or profession.³

beta) The confessor, or one who acts in his place, can, with due precautions, enter the enclosure to administer the Sacraments to the sick or to assist the dying (can. 600, 2nd).

gamma) Those who actually hold the supreme rule of peoples and their wives with their retinue can enter the enclosure; likewise Cardinals of the Holy Roman Church (can. 600, 3rd).⁴

delta) It belongs to the Abbess, with due precautions used, to permit entrance to physicians, surgeons, and others whose work is necessary, after at least habitual approval has first been obtained from the local Ordinary;⁵ but if necessity is urgent and there is no time to ask approval, this is presumed by law (can. 600, 4th).

b) It is licit for no nun after profession to leave the monastery, even for a short time, under whatever pretext, without a special indult of the Holy See, except in the case of imminent danger of death or another most grave evil (can. 601, § 1).⁶ This danger, if there is time, must be recognized by the local Ordinary (can. 601, § 2). These things also regard novices and postulants (n. 1226; can. 540, § 3).⁷

c) Those violating the enclosure of nuns, of whatever class or condition or sex they may be, by entering their monasteries without legitimate license, and likewise those introducing or admitting them, are punished ipso facto by an excommunication simply reserved to the Apostolic See; but if they are clerics, besides this they are suspended for a time to be determined by the Ordinary according to the gravity of the fault (can. 2342, 1st). Likewise nuns unlawfully leaving enclosure contrary to the prescription of can. 601 incur ipso facto an excommunication simply reserved to the Apostolic See (can. 2342, 3rd); concerning can. 601, see what was said under b.

¹ Pontifical Commission, 1 March 1921, under III (Acta Apostolicae Sedis 1921, p. 178).

² Therefore not only queens, but also wives of a president of a republic and wives of a prince actually reigning, provided that either they themselves or their husband actually hold the rule of peoples (Fanfani, n. 234).

³ Instruction on the enclosure of nuns of solemn vows, 6 February 1924, under III, 2nd (Acta Apostolicae Sedis 1924, p. 96).

⁴ Cf. note 1.

⁵ Habitual approval is usefully sought once a year.

⁶ Cf. the cited Instruction, under III, 1st.

⁷ Cf. Sacred Congregation of Religious, 7 November 1916.

IV. Minor enclosure. 1. Also in houses of religious Congregations, whether of pontifical or diocesan right, enclosure is to be observed, into which no one of the other sex is to be admitted except those of whom in can. 598, § 2 and can. 600,¹ and others whom the Superiors have judged can be admitted for just and reasonable causes (can. 604, § 1).

2. The prescription of can. 599 is also to be applied to houses of religious Congregations, whether of men or of women (can. 604, § 2).

3. In peculiar circumstances, and when grave causes intervene, the Bishop can fortify this enclosure with censures, unless there is question of an exempt clerical religion; he should always take care that it is rightly observed and that whatever vice creeps into it is corrected (can. 604, § 3).

¹ Cf. n. 1262.

This excommunication is contracted by:

I. Those making gain from indulgences (canon 2327). By force of this canon, those are excommunicated who, after receiving a price, gain profit either by granting, publishing, or causing indulgences to be published. It is required that the price have been accepted, but not that a simoniacal intention was present; it does not matter whether the price is expended on pious works. By force of this canon those are also excommunicated who, because of indulgences, sell for more objects enriched with indulgences.

Bishops also can contract this censure.

II. Those giving their name to a Masonic sect or to other associations of the same kind which machinate against the Church or legitimate civil powers (canon 2335). For the penalty to regard a certain association, it is required that it machinate against the Church or legitimate civil powers. It is disputed whether there are also required, as obtains in the Masonic sect, a strict bond by which members are united and a hidden organization. Some deny this, because they take the words "which machinate..." as merely explanatory of "of the same kind." Others affirm it, because they judge the words "of the same kind" to be taken in a broader sense, so that they also include the hidden organization which obtains in the Masonic sect. Given the doubt, we follow the milder opinion, the more so because if it were enough that an association machinated against the Church or legitimate civil powers, the legislator would certainly have omitted from the new Code the words "of the same kind," which gave occasion to the dispute. Hence canon 2335 certainly regards, besides the sect of Masons, the societies of the Carbonari,¹ Fenians,² Anarchists, Nihilists, and Internationalists; but not, although they are prohibited, socialist,³ biblical,⁴ clerico-liberal societies; nor the workers' societies called Odd Fellows,⁵ Sons of Temperance, Knights of Pythias, Independent Order of Good Templars (Guttempler-Orden)⁶ and societies which promote the cremation of human corpses.⁷ Moreover:

1. Clerics who have committed the delict discussed under II are punished with the penalty of suspension or privation of the benefice, office, dignity, pension, or function itself, if perhaps they have any in the Church; religious, however, with privation of office and of active and passive voice and with other penalties according to the norm of the constitutions. In addition, clerics and religious giving their name to a Masonic sect and other similar associations must be denounced to the Sacred Congregation of the Holy Office (canon 2336).

2. The confessor to whom the faculty is granted of absolving from the censure set forth should require from the delinquent those things which the Holy See is accustomed to require: that they separate themselves entirely from the prohibited society and abjure it. But in a case in which great damage would flow from this for them, they can materially sustain the enrollment, but they are bound formally to renounce the society; and therefore: 1° let them promise that never again will it be the case that they involve themselves in any act of those societies, whether secret or public, and especially that they will never again pay the required contribution; 2° let scandal be removed in the best way that can be done; 3° let them be disposed in mind to withdraw their name if and when they can do this without grave damage.⁸

In the faculties of the Sacred Penitentiary it is established: 1° let them separate themselves entirely from the prohibited society and abjure it; 2° let them denounce ecclesiastical and religious persons, if they know any enrolled in it; 3° books, manuscripts, and signs pertaining to the same, if they retain any, let them hand over into your hands, to be cautiously transmitted to the Holy Office as soon as possible, or at least, if just and grave causes demand it, to be destroyed; 4° with a grave salutary penance joined according to the measure of the faults, together with frequency of sacramental confession and the obligation of repairing the scandals caused.

III. Those presuming, without due faculty, to absolve from an excommunication latae sententiae reserved to the Apostolic See in a most special or special manner (canon 2338, § 1). As to the word "presuming," see what was said in n. 858. For the rest, it is required that they actually absolve from the censure; it is not enough that they merely hear the delinquent or pretend to absolve him.

IV. Those furnishing any help or favor whatever to an excommunicated person to be avoided in the delict for which he was excommunicated; likewise clerics knowingly and spontaneously communicating with the same in divine things and receiving him in divine offices (canon 2338, § 2).

1. As to the former, it should be noted that it concerns a delict already committed, and therefore help or favor furnished by which someone can persist in the delict for which he was excommunicated.

2. As to the latter, observe: 1° since the law is to be interpreted strictly, religious do not come under the name of clerics unless they have received first tonsure (canon 108); 2° those communicating in divine offices are those who perform divine things with one to be avoided; 3° those receiving in divine offices are understood to be those who, enjoying the right or office of admitting to divine offices, admit an excommunicated person to be avoided to them.

V. If anyone against the prescription of canon 120 has dared to drag before a lay judge another, that is, not his own, Bishop, even merely titular, or an Abbot or Prelate nullius, or one of the supreme Superiors of religions of pontifical right (canon 2341). The prescription of canon 120, insofar as it must here be attended to, establishes that Bishops, even titular ones, Abbots or Prelates nullius, and supreme Superiors of religions of pontifical right cannot be summoned before a lay judge without the permission of the Apostolic See, unless in some place by special concession there has been derogation at least in part from the privilege of forum.

On the phrase "has dared," see n. 858; on the phrase "those dragging," p. 766.

Note. A cleric who, without having obtained permission from the local Ordinary, has dared to drag before a lay judge another person enjoying the privilege of forum, apart from those enumerated here and on p. 766 under IX, incurs ipso facto suspension from office reserved to the Ordinary; but a layman is to be punished by his own Ordinary with suitable penalties according to the gravity of the fault (canon 2341).

¹ Cf. Constitution of Pius VII, Ecclesiam, September 25, 1821, and Leo XII, Graviora, March 13, 1825.

² Cf. Holy Office, January 12, 1870.

³ Encyclical of Leo XII, Quod Apostolici, December 28, 1878.

⁴ Constitution of Pius IX, Qui pluribus, 1846.

⁵ Syllabus, § 178.

⁶ Holy Office, August 20, 1894.

⁷ Holy Office, August 9, 1893; Holy Office, May 19, 1886.

⁸ Holy Office, March 7, 1883 (Collectanea, n. 1593).

As regards enclosure. "Bishops are delegates of the Apostolic See for protecting the enclosure of monasteries of nuns, even exempt ones, and of those which are subject to regulars." L. 66, 67. And as regards Institutes of simple vows, it also belongs to the Bishop to care that enclosure be rightly observed, and to restrain whatever fault creeps into it. Leo XIII, C. Conditae a Christo, VI Id. Dec. 1900.

What about enclosure? - For the greater custody of chastity enclosure was introduced, by force of which nuns cannot go out from the monastery except by license of the Pontiff or Bishop, which can also be given only in extraordinary cases. But religious men cannot be absent from the house without the license of the prelate. Nor indeed can women enter the enclosure of regular men, nor persons of whatever sex or age enter the enclosure of nuns. Likewise frequent access to nuns is prohibited, and to regulars, as is fitting, more severely than to others, both secular clerics and laymen. - C. 20, caus. 18, q. 2; Trent s. 25, c. 4, 5 de Reg.; Benedict XIV, Decretal Letter Gravissimo, October 31, 1749; C. Quamvis iusto, April 20, 1749; Clement VIII, C. Nullus; Ferraris v. Moniales a. 3; E. M.

Enclosure is also to be observed in hospices, stations, and houses of regulars in places of missions; and its norm and limits are constituted by the Decree of the S. C. de Propaganda Fide, August 26, 1780, Collect. n. 410.

As regards modern Religious Institutes of simple vows, they have enclosure, indeed not strict, but partial, determined in the Constitutions themselves, which requires at least that in all houses some part be reserved for the Sisters themselves, into which no other is admitted. Norms of the S. C. Bishops and Regulars for more recent Institutes, n. 170. It will belong to the Bishop to take care that this partial enclosure be rightly observed, and to restrain whatever defect creeps into it. Norms n. 172.

Sisters seeking alms must have the license of the Ordinary, and are held to observe the prescriptions established by the Decree Singulari quidem of the S. C. Bishops and Regulars, March 27, 1896, and also the norms which were promulgated by the S. C. of Religious, Decree De eleemosynis, November 21, 1908, both for mendicant Orders and for non-mendicant religious Orders or Institutes. A. A. S. v. 1, p. 153. From this Decree the Friars Minor are exempted as regards collections customarily made in favor of the Holy Land. S. C. of Religious, October 1, 1909.

As regards Sisters who provide assistance to the sick either in public Hospitals or in private houses, works of charity are by no means approved which seem unbecoming to virgins dedicated to God and clothed in ecclesiastical habit. Norms art. 15, 291.

Confraternities are prohibited in Convents of Religious women, whether of solemn or simple vows; but by no means pious Associations of women only, the things to be observed having been observed. But if it is a question of erecting pious Associations of either sex, the matter is remitted to the Ordinaries. S. C. Bishops and Regulars in Tirasonensi, November 9, 1595; January 18, 1907. - Lugo, Resp. Mor. l. 4, d. 40.

Without a special faculty, male and female Religious cannot receive outside persons as guests in their own house, except by reason of charity when some case occurs. - Outside youths cannot live in Convents of men by any title or pretext unless they have completed the twenty-first year of age. - S. C. Bishops and Regulars, May 16, 1675.

The use of the telephone is now permitted by common custom to all religious, men and women. Yet due cautions, as is clear, must be used.

What sort of sin is it to go out from the monastery without license? - For nuns living within enclosure it will always be grave, since the Church prohibits it under a most grave penalty, namely excommunication. - For religious men it will be grave if it is done rather often with scandal, or furtively at night; but only venial if someone goes out once or twice, or only sometimes during the day. - Clement VIII, on the Reform of Regulars, art. 19, prohibited a general license from being given, or one without a companion; but it is not certain whether the ordinances of Clement VIII are all preceptive, or at least some directive. Cf. Salm. tr. 15, c. 5, n. 163. Yet one can stand by legitimate custom, and by the Constitutions of each order approved by the Holy See. - The prescription of a companion is still in force from the practice of the S. C. Bishops and Regulars and now of the S. C. of Religious in the approval of more recent Institutes, especially as regards nuns. Norms a. 174. - L. 37; Suarez, de Relig. tr. 8, l. 1, c. 6, n. 8.

VI. Those violating the enclosure of nuns, of whatever kind or condition, sex or age they may be, by entering into their monasteries without legitimate license; and likewise those introducing or admitting them; likewise nuns going out from it outside the cases and form prescribed by St. Pius V in the constitution Decori.

Those violating the enclosure of nuns are, as is established from what follows, those who enter into their monasteries without legitimate license. Enclosure is called that whole space which is contained by the enclosures of the monastery. Of nuns, i.e., those who profess religion strictly by true and proper profession. For the discussion here is of that enclosure of which the Council of Trent speaks, sess. 25, de Reg., chap. 5, and Pius V in the constitution Decori. Hence more recent nuns are not bound to canonical and pontifical enclosure, nor are they liable to this censure. S.C. Bishops and Regulars, August 1, 1839. Of whatever kind or condition. Persons of the royal family do not seem also to be comprehended, who by reason of their supreme dignity are worthy of more special mention; nor do prelates, whether secular or regular, seem to be comprehended if entering without necessity, for it cannot be said of them that they enter without faculty. Sex or age. Hence not only men, but also women; not only adults, but also seven-year-old children capable of malice. Monasteries: by the name of monastery is understood a house in which religious women gathered together regularly live. L. 231.

Without legitimate license. Therefore it does not seem that, by reason of incurring this excommunication, it is necessarily required that this license be obtained in writing, as is held in Trent, l.c.; and it seems that even a general license suffices. And indeed he who enters with license received from the superior, although neither had in writing nor special but general, does not indeed enter without legitimate license. This license can be granted: 1. Bishops by their own authority, or delegated authority, according as the monasteries are subject to the Bishop or immediately subject to the Supreme Pontiff. 2. Vicars General, only as regards monasteries subject to the Bishop. 3. Capitular Vicars, the see being vacant, both as regards monasteries subject to the Bishop and also as regards those which are subject to the Apostolic See. 4. The Bishop, and besides him the regular prelate, i.e., General, Provincial, or immediate Superior of the monastery, as regards monasteries subject to regulars, unless a contrary custom is in force, that it be given by the Bishop alone. Benedict XIV, De Synodo, book 13, chap. 12, n. 23. 5. The Abbess, confessor, or another prudent man by delegation or commission of the Bishop. S.C.C., November 26, 1722; L. 223, 224, 228.

But this license cannot be given except in necessary cases, and therefore for a grave cause; and a lesser cause is required for the entrance of a woman than of a man, for daytime entrance than nighttime, of a female blood relative than of a stranger, and for entrance into the outer enclosures than into the inner. But in urgent necessities which do not suffer delay, as in the case of death, fire, violence, etc., no license is required for entering. L. 225. The ordinary physician cannot enter except with license renewed every three months; nor ought he to be accompanied by two senior nuns and enter alone. An extraordinary physician cannot enter at the pleasure of the nuns, but only in defect of the ordinary physician, or when a consultation must be had with the ordinary. Moreover craftsmen and other necessary persons can enter with license, who must exercise their craft within the enclosure. L. 226. A confessor can enter to administer to the sick the sacraments of penance and Eucharist, not only in danger of death, but as often as Communion is distributed by prescription of the rule, and as often as that nun is accustomed to communicate; likewise to administer extreme unction, and to commend the souls of the dying, vested in stole and surplice, S.C. Bishops and Regulars, January 1714, but not to perform the exequies of a deceased nun. A secular confessor must enter without a companion, but a regular must have a companion of approved life and mature age. But while he hears Confession, female attendants must stand by at the door, so that they see him. L. 227. Finally Bishops can enter the monasteries of nuns in case of necessity or visitation, but accompanied by a few persons, and those senior and religious; likewise regular prelates for the sake of visitation, once in the year, and if he is General, he can himself have with him two companions of his order, who are exemplary and of mature age; but if another, only one; and moreover four nuns from the senior ones must assist, who are not separated from the Visitor. L. 221; Bizzarri, Collectan., p. 262, ed. 1885. Although one who entered the monastery with license and, after the business is finished, does not immediately go out, does not incur the censure, nevertheless he sins mortally if the delay is notable.

By entering: to enter is to go inside, to stay inside, and not only to put a foot inside. Introducing are those who cooperate positively toward entrance by sending inside, or by opening the door to one wishing to enter. Admitting are those receiving, who do not prohibit entrance when they can and ought by office, namely the Prefects and Portresses. Likewise those introducing or admitting them: them, namely those violating. Outside the cases, etc. From the cited constitution of St. Pius V, "going out is excused if there is a just cause, namely (as is said there) of great fire, or illness, leprosy, or epidemic." Hence similar causes suffice for going out, such as imminent war, attack by robbers, flooding of a river, or ruin of a building. And form, etc. For when access is available, and time, namely if the danger suffers delay, from the aforesaid Bull of St. Pius V license had in writing from the Bishop is altogether required for going out, and also from the regular prelate if the monastery is exempt. But even in the aforesaid cases it is not lawful to remain outside the monasteries except for the necessary time. Going out, i.e., going out beyond the enclosure with the whole body. St. Alphonsus with others does not admit smallness of matter. Therefore, if a nun goes out from the enclosure, or someone enters the enclosure, even by one step, he incurs this excommunication. Yet others cited by the same Holy Doctor deny this, n. 229. Gregory XIII, constitution Dubiis, December 23, 1581; Alexander VII, constitution Felici, November 10, 1664; Giraldi, Exp. Iur. Pont., part 2, sec. 140; Lugo, Resp. Mor., book 3, disp. 18; E.M.

Note: For the greater custody of chastity, frequent access to speak with nuns at the grates without special faculty and without reasonable and manifest cause, and where there is no legitimate custom to the contrary, is prohibited under grave obligation both to clerics and to lay persons. But this frequency consists in this, that someone goes to the monastery on three continuous days, or four times in a week, or once in each month for about a year. But for regulars, this conversation with nuns is specially prohibited, even if it is done once and for a quarter of an hour and a half, indeed "for any small space of time whatsoever, they sin mortally." Thus the Sacred Congregation, May 1, 1669. "Regulars approaching to speak with nuns without license sin mortally; even from a reasonable cause, when license is not present," etc. Sacred Congregation, November 26, 1672. But from the Decree of the Sacred Congregation issued by order of Sixtus V in 1590, on regulars speaking with any nuns whatsoever, whether of their own or of another order, or with any woman living in a monastery, there is imposed the penalty of deprivation of office, of active and passive voice, to be incurred by the very fact. More probably an abbess outside Rome is excepted. But those joined in the first and second degree of consanguinity are exempt from this prohibition, after permission has first been obtained from the Ordinary, who can give it in the prescribed form and for four times at most in any year. S.C. Bishops and Regulars, 13 Kalends of December, 1623. C. Monasteria, de Vit. et honest. cleric.; C. Periculum, de Stat. regul., in VI; L., book 6, nn. 332-243; Bonacina, tome 1, de Claus., q. 3; Lezana, Summa Quaest. Regular., vol. 2, v. Moniales, n. 17 ff.

From Trent, sess. 25, chap. de Reg., a secular magistrate is excommunicated, with excommunication reserved to no one, if, at the request of the Bishop, he does not furnish help against the disobedient and those contradicting the enclosure of nuns. Bonacina, disp. 2, q. 10, part 7, de Clausura, q. 4; Ferraris, v. Moniales, arts. 3, 4; Lucidi, de Visit., etc., vol. 2, chap. 5, sec. 2; vol. 3, Document LV ff., 4th ed.; Bizzarri, Collect., pp. 301, 311, 319, 329, 347, 410, 438, 454 ff., 546 ff., 596 ff., 723 ff., ed. 1885; Benedict XIV, De Synodo, book 9, chap. 15; Schmalzgrueber, book 3, title 35; Reiffenstuel, ibid.

1. Since a certain nun violated enclosure for an evil end, and the case is occult, the bishop of the place asks whether he can absolve the aforesaid nun by virtue of the Tridentine faculty, Cap. Liceat.

R. The difficulty in the Case is from a certain Declaration of Gregory XIII, by which he decreed that the bishop cannot absolve a nun breaking enclosure from an occult excommunication reserved to the Pontiff on account of the Bull of St. Pius V. St. Alph., l. 6, n. 594. The difficulty likewise is from the Responses of the Holy Office, July 18, 1860, where it is also affirmed that the reserved case of the enclosure of nuns is not comprehended in the aforesaid Tridentine faculty. G. 645, 646. But, notwithstanding these things, it seems that at present the bishop can absolve even from that occult case by virtue of the Tridentine faculty. For this faculty, by virtue of the Constitution Apostolicae Sedis, persists unmoved as regards all cases simply reserved to the Roman Pontiff in the same Constitution, excepting only those which in the aforesaid Constitution are reserved in a special mode to the Supreme Pontiff. But the violation of the enclosure of nuns is reserved in that Constitution only simply. Therefore it must be said that the bishop, in the Case, can absolve the nun. Cf. Bertagna, de Casuum reservatione, pag. 100 seqq. and the authors cited there; Thesaurus, de Poenis, p. 1, c. 23, Dico VI; Commentar. de Censur. n. 6; Commentar. de C. Apostolicae Sedis n. 51 seqq.; I. M. 801, 1101, 1188.

1185. III. "1. Those violating the enclosure of nuns, of whatever kind or condition or sex they may be, by entering their monasteries without legitimate permission, and likewise those introducing or admitting them;¹¹ 2. women violating the enclosure of male regulars, and superiors and others, whoever they may be, introducing or admitting them, of whatever age they may be...; 3. nuns illegitimately departing from the enclosure against the prescription of can. 601."

¹¹ "If they are clerics, besides let them be suspended for a time to be defined by the Ordinary according to the gravity of the fault" (Code, c. 2341, 1).

1. Therefore by force of this canon these are excommunicated: (a) those violating the enclosure of nuns,¹² even women, unless they have permission to enter the monastery legitimately given by the competent superior in a case of necessity; besides, those introducing or admitting those who violate the enclosure; (b) women violating the enclosure of male regulars, but not men; and besides, whoever they may be (superiors or others) who are of the house and belong to the house (but not externs), who receive women into the enclosure or retain them in it, or do not prohibit their admission, when they can and by office ought to prohibit it.

¹² Here there is question of nuns as they are described in the Code itself, c. 488: "By the name of nuns come religious women of solemn vows, or, unless from the nature of the matter or from the context of the speech another thing is established, religious women whose vows from the institute are solemn, but for some places by prescription of the Apostolic See are simple."

(c) Nuns illegitimately going out against can. 601, which reads thus: "It is lawful for no nun after profession to go out of the monastery, even for a short time, under any pretext, without a special indult of the Holy See, except in the case of imminent danger of death or of another most grave evil. This danger, if time allows, must be recognized in writing by the Ordinary."

1186. 2. By delegated law, today suppressed, bishops could absolve "from censures on account of violation of the enclosure of Regulars of either sex, provided that it had not been committed with intention toward an evil end,¹³ even if the effect did not follow, nor the cases had been brought to the forum of the Ordinary, with a fitting salutary penance; and, besides, absolve women only from censures and ecclesiastical penalties incurred on account of violation, for an evil end, of the enclosure of male religious, provided, however, that the cases remain occult: with a grave salutary penance imposed, with the prohibition of approaching the church, or convent, or monastery of the said religious, while the occasion of sinning lasts."¹⁴ Today the Holy See is to be approached.

¹³ By an evil end is understood the intention of sinning against chastity.

¹⁴ Indult of the Sacred Penitentiary, n. 4.

517. 6. a) "Those violating the enclosure of nuns, of whatever class or condition or sex they may be, by entering their monasteries without legitimate permission, and likewise those introducing or admitting them."

b) "Women violating the enclosure of male religious, and superiors and any others whatsoever introducing or admitting them, of whatever age they may be."

c) "Nuns illegitimately leaving the enclosure" (can. 2342).

The enclosure with which we are concerned here is only the papal enclosure, which by common law is found only in religious Orders with solemn vows. Those violating another enclosure, therefore, are not touched by this censure. The enclosure of nuns is stricter than that of men. Under certain conditions the following can enter the enclosure of nuns: a) the canonical Visitor; b) the confessor; c) Cardinals, supreme rulers of peoples, and their wives with an entourage; d) a physician and workmen, if necessity demands it.¹⁷² Nuns, that is, solemnly professed women, can leave the enclosure: 1. with special permission of the Holy See; 2. if there is imminent danger either of death or of another most grave evil. Women also are prohibited under penalty of excommunication from entering the enclosure of nuns; likewise infants and prepubescent persons, but these no longer incur excommunication by entering. For in the text cited above one no longer reads, as formerly, "of whatever class or condition, sex, or age they may be," but "age" is omitted. Now prepubescent persons generally incur no censures,¹⁷³ as was said above in n. 481. On the contrary, the superioress and any adult illegitimately introducing or admitting prepubescent persons into the enclosure of nuns do not appear to escape excommunication. It is certain that excommunication is incurred by one who admits or introduces little girls, even those not yet seven years old, into the enclosure of male religious. The same holds for prepubescent girls entering the enclosure of male religious and for adults who introduce or admit them. The wives of those who actually hold the supreme rule of peoples can enter the enclosure of male religious with an entourage.¹⁷⁴ We treated the enclosure more broadly in Man. iur. can., q. 227.

¹⁷² Code of Canon Law, c. 600.

¹⁷³ Ibid., c. 2230.

¹⁷⁴ Ibid., c. 598, § 2.

Explanation. - By nuns here are understood those who are strictly such and emit solemn vows. Wherefore he who violates the enclosure of Nuns imposed upon them by the Bishop, or that to which one is held by force of rule or of some special vow, does not incur this censure. - Among us, therefore, a case in which the present censure is incurred can occur very rarely indeed. - Cf. Varceno, vol. 2, p. 488. Under the name of male Regulars in this censure are comprehended only those who emit solemn vows and who alone are obliged everywhere by papal enclosure, with no region excepted. - But by women are understood all females, except Queens and Empresses with their daughters and a decent retinue. Cf. Varceno, ibid., p. 490.

No exit is licit to any nun, not even for a brief time, except with permission of the Roman Pontiff, except the case of some most grave evil. This danger, if there is time, must be recognized in writing by the Ordinary of the place. - Cf. Canon 2209, §§ 1-3 and Canon 2231.

§ 1. He who has laid violent hands upon the person of the Roman Pontiff:

1°. Contracts an excommunication latae sententiae reserved in a most special mode to the Apostolic See; and is by the fact itself vitandus; ...

§ 2. He who upon the person of a Cardinal of the Holy Roman Church or a Legate of the Roman Pontiff:

1°. Incurs an excommunication latae sententiae reserved in a special mode to the Apostolic See;

§ 3. He who upon the person of a Patriarch, Archbishop, Bishop even merely titular, incurs an excommunication latae sententiae reserved in a special mode to the Apostolic See.

§ 4. He who upon the person of other clerics or religious of either sex is subject by the fact itself to excommunication reserved to his proper Ordinary, who besides may punish him with other penalties, if the matter bears it, according to his prudent judgment (Can. 2343).