CLAUSURE. - The name c., from the Latin claudere (to close), has two correlative meanings in the law of religious. It is commonly used to indicate both the law that regulates entry into and exit from religious houses (formal c.), and the place in those same religious houses subject to the law of c. (material c.).
Generally three kinds of c. are distinguished: the papal, which is the classic c. imposed on regulars (v.) of both sexes and sanctioned with grave penalties by the common law; the episcopal, proper to religious Congregations (v.); and that called statutory, regulated by particular constitutions or statutes.
I. HISTORY
The practice of enclosure among religious is very ancient; it was, however, St. Pius V who, with the constitutions Regularium, of 24 Oct. 1566, and Decet, of 16 July 1570, imposed it by common law on all regulars. Other popes later, such as Gregory XIII (const. Ubi gratiae, 13 June 1575), Clement VIII (const. Nullus omnino, 25 July 1599), Benedict XIV (const. Regularis disciplinae, 3 Jan. 1742) etc., reconfirmed the Pian discipline and fortified it with grave penalties which Pius IX reorganized in the celebrated const. Apostolicae Sedis of 11 Oct. 1869. The enclosure of nuns, on the other hand, is already found in the Sextus Bonifacianus (c. un. de statu regularium, III, 16 in VI). The Council of Trent (sess. XXIV, De regularibus, can. 5) sanctioned with excommunication entry into the enclosure, and Pius V (const. Decori, 1 Feb. 1570) extended this penalty to the illegitimate departure of nuns: this sanction was reconfirmed in the aforementioned constitution Apostolicae Sedis. The CIC has reworked the entire matter of enclosure, applying it also to congregations, while the S. Congregazione dei Religiosi with a special Istruzione of 6 Feb. 1924 (AAS, 16 [1924], pp. 96-101) has interpreted and completed the Code's discipline on the enclosure of nuns. And here briefly is what the current discipline prescribes on enclosure.
II. CLAUSURE IN REGULAR HOUSES
First of all, as a general principle, in all legitimately established regular houses (can. 497), whether formed or not (can. 488, 5°) of men or of women, papal enclosure must be observed (can. 597 § 1). This law of enclosure concerns precisely the whole house inhabited by the religious, including orchards and gardens reserved to them, but not the church, the adjoining sacristy, and the choir accessed from that same church. On the other hand, the parts of the house not inhabited by the religious, even if materially joined to it, do not fall under the law of enclosure, and likewise the guest quarters and the parlors which should be near the entrance of the convents (can. 597 § 2). It is for the major superior or the general Chapter (or the bishop in the case of monasteries of nuns, even if subject to regulars) to define accurately, prescribe, and for a just cause even change, the boundaries of the enclosure, which must be indicated in a clear and visible manner (can. 597 § 3). This takes place especially when not the whole house is inhabited by the religious. Having established this common principle, the Code determines the scope of enclosure both for men and for women, which, as will be seen, is quite different.
1. Enclosure in male regular houses
It is only passive, that is, by it women of every age, kind and condition are forbidden entry, under any pretext, into the places reserved for the dwelling of the religious (can. 598 § 1). The law therefore does not forbid the entry of men into the enclosure of regulars, which however does not prevent this from being forbidden by particular statutes and rules. The prohibition, even though expressed so universally as to include even little girls, nonetheless admits an exception in favor of the wives of actual heads of state and of those other women who may form part of their suite when they visit regular convents (can. 598 § 2); it is understood that even women heads of state, such as queens, are not included in this law of the enclosure of Regulars. If the house has annexed a boarding school for resident students or some other work proper to the religion (hospital, clinic, school, etc.), the religious must have, as far as possible, a part reserved to themselves and subject to the law of enclosure (can. 559 § 1); but even in places not included in the enclosure, destined for resident or day students or for the works proper to the religion, persons of the other sex are not admitted except for a just cause and with the permission of the superior (can. 599 § 2).
Grave sanctions protect the enclosure of regulars: women of puberty age (can. 2239) who violate the enclosure of regulars, and the superiors and anyone else who introduces or admits them, incur ipso facto excommunication simply reserved to the Holy See; moreover, religious who introduce women into the enclosure must be deprived of the office they hold, and of active and passive voice (can. 2342 n. 2).
2. Enclosure in monasteries of nuns
The law of enclosure of nuns is stricter and more rigorous than that of regulars, and forbids both entry into the monastery (passive enclosure) and exit from it (active enclosure): in the enclosure of nuns, that is, of religious who take solemn vows (Pont. commiss. ad Cod. can. auth. interpr., 1 March 1921), without permission of the Holy See no one may enter, of whatever age, sex or condition: the prohibition is absolute and concerns everyone, men and women, children and adults.
However, even here there are exceptions, required by necessity or convenience. In fact, the following may enter the enclosure of nuns: a) the local Ordinary, the regular superior to whom the monastery is subject, and their delegates, but only to make the canonical visitation of the monastery, not to hear the religious or preside at elections (can. 506 § 2), or for any other reasons not contemplated in the Code, and never alone, but accompanied by a cleric or religious of advanced age who does not leave them during the entire time they remain in the monastery (Instruction, n. 2, a); b) the ordinary confessor or the priest who takes his place, to administer the Sacraments to the sick and assist the dying (can. 600 n. 2) and also for burial. What is said of the ordinary confessor also holds for the extraordinary confessor during the times when he has access to the monastery according to can. 521 § 1, and for the other confessors whom the religious may call when, gravely ill, she is in danger of death (cann. 523, 882). Here too entry is made with the due precautions (2°) which the Instruction specifies by saying that the priest who brings the Eucharist to the religious must be accompanied from entry to exit by four religious, possibly of advanced age, and the confessor by two religious; the latter remain near the door of the rooms, which must remain open. Having completed his ministry, the priest or confessor, without lingering, must leave the monastery (Instruction, n. 2, h. i b); c) heads of state with their suite and cardinals (neither the Code nor the Instruction speaks of the suite of cardinals); d) the turn sisters of monasteries of nuns make their first year of novitiate within the enclosure and then may enter with permission of the superior and with the habitual approval of the Ordinary (S. C. de Religiosis, 16 July 1931: Statuta a sororibus monasteriorum monialium cuiusque Ordinis tercanda, nn. 3, 7, 27, 107); e) finally, the superior may, with the prior habitual approval of the local Ordinary, and always with the due precautions that are customarily determined in the constitutions or customs of the monasteries, permit entry into the enclosure to doctors, surgeons, and those whose work is necessary either for the religious or for the monastery, e.g., blacksmiths, carpenters, masons, etc. If some urgent case of these common ones should occur, but not included among those habitually approved by the Ordinary, and there were no time to have recourse to him, his approval is presumed by law. Outside these cases which commonly occur, the Ordinary cannot authorize entry into the monastery. Thus, it is the Ordinary who permits the entry of aspirants, but recourse must be had to the Holy See, if it is not granted in the constitutions, to admit young girls for education into the enclosure or for other reasons (Instruction, IV).
No less rigid is the active enclosure of nuns, by which, without permission of the Holy See, no one is permitted, after profession, to leave the monastery, even for a short time, and for any reason or pretext, except in the case of imminent danger of death or of another most grave evil (can. 601 § 1): if however there is time, this danger must be recognized in writing by the local Ordinary (can. 601 § 2).
Pius V (const. Decori, § 2) among the examples of these most grave imminent evils lists fire, pestilence, leprosy; the Instruction adds flood, collapse of the monastery building, war, invasion and other dangers of this kind (III, n. 1, 3); all examples illustrative, not exhaustive, of the gravity of the harm sufficient to justify the exit. Today political or administrative elections are easily recognized as a most grave cause; it must however be declared such by the local Ordinary. On the other hand, a summons to court would not be sufficient reason to leave the enclosure; in such a case the religious should be interrogated in her own monastery (can. 1770 § 2 n. 2).
It should be noted that the law of active enclosure also binds novices and postulants, though not by virtue of this can. 601 which concerns only professed religious, even those with simple vows. It is obvious that novices, postulants, and also religious after their temporary vows have ceased (voluntarily or because they were not admitted to renew their vows), may leave the monastery; the same applies to religious with simple or solemn vows who have been legitimately dismissed (cf. cann. 647 § 1, 652 § 2, 653).
To better protect the enclosure of nuns, the Code further prescribes that it be arranged in such a way that there are no openings either active or passive, that is, that the nuns cannot see outside the monastery, nor can outsiders see inside (can. 602); this precept is determined in minute detail by the Instruction, which regulates the arrangement of windows, the grilles of the choir, the confessionals, the communion window, the turnstiles, the terraces, etc. (II, nos. 1-6; III, no. 1, c).
The enclosure of nuns, even of those subject to regulars, is under the special vigilance of the local Ordinary, who may, when necessary, reprove and punish transgressors, without prejudice to his own regulars, with penalties and censures (can. 603 § 1); the regular superiors likewise keep watch over the enclosure of the nuns subject to them, and may equally punish both the religious women and their own subjects who are remiss in this matter (can. 603 § 2).
But independently of these eventual punishments, all persons of whatever kind, condition or sex who unlawfully enter the enclosure of nuns, or whoever introduces or admits them, incur excommunication simply reserved to the Holy See; and if the violators are clerics, they must moreover be suspended by the Ordinary for a time proportionate to their fault (can. 2342 no. 1). The same excommunication is incurred by nuns who unlawfully leave the monastery in violation of can. 601 § 2.
III. CLAUSURE IN CONGREGATIONS
A limited passive c. is also imposed on religious congregations, which is called episcopal, whereby persons of the other sex cannot enter their houses, but with all those exceptions noted for regulars (can. 592 § 2) and for nuns (can. 600), and with the faculty, recognized for superiors, of admitting for just and reasonable causes all those persons, it is understood of the other sex, whom they deem appropriate (can. 604). Can. 599 also applies to them, whereby, in the case that a boarding school for resident students or other works proper to the religion is attached to the house, there should if possible be a part reserved for the religious subject to the law of c., while the prohibition also remains in force of admitting without the superior's permission persons of the other sex even in the parts reserved for resident or day students or for the works proper to the religion (can. 599 § 2).
No penalty is prescribed in the Code against violators of the c. proper to congregations; nonetheless the bishop is granted, for grave reasons and in particular cases, the power to fortify this c. with ecclesiastical censures, provided that it is not a question of exempt clerical congregations. Moreover, the bishop must always see to it that this c. is observed and that any abuses are eliminated (can. 604 § 3). For their part, religious superiors must watch that, during visits by outsiders, no useless conversations are held to the detriment of discipline and the religious spirit (can. 605); and that the constitutions are observed in what concerns the active and passive visits of religious, and further that they not authorize, except for reason of study, the stay of subjects outside the house for more than six months (can. 606). Nuns, moreover, outside the case of true necessity, cannot leave the house alone, and on this the bishops and the superiors must keep watch (can. 607). All that has been said of congregations of sisters must also be applied to those monasteries of nuns where in fact solemn vows are not emitted. Other particulars and modalities of statutory c., that is, proper to individual religious institutes, are to be seen in their own statutes or constitutions.
Bibliography17 works
Servo Goyenèche
IV. THE CLAUSURE IN EASTERN CANON LAW
In Eastern canon law, proper enclosure is in force in monasteries of monks or nuns; passive enclosure concerns only the entry of persons of the other sex; active enclosure exists only for nuns, who may, however, for serious reasons, leave the monastery, with the permission of the bishop or, in certain cases, of the superior of the monks to whom the women's monastery is subject. The provisions contained in cann. 603 and 605-607 of the CIC also apply in Eastern law; in the more recent constitutions of religious congregations, enclosure has been introduced in accordance with can. 604.