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The actual legislation distinguishes between religious orders and institutes with simple vows ; institutes of men and those of women. According to the present common law every convent or monastery of regulars must, on its completion, be encloistered.
11, we find it in the sense of "case", or "cupboard" ( Migne, P. In modern ecclesiastical usage, clausura signifies, 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.
The Council of Trent had already forbidden them to leave the monastery without permission under pretext of meeting their superiors. 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. 7, Pius IX renewed the sentence of excommunication against violators of this law.
If they are sent to follow a university course, they must reside in a religious house. Obstacle to the Entrance of Outsiders Women are strictly forbidden to enter the encloistered portions of a house of male religious. 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.
Going out at night without permission is usually a reserved case. The present writer is of the opinion that the common estimation (which may vary in different countries) defines it.
Passerini, however, thinks (De hominum statibus, III, 461, n.
376) that any intelligible sign suffices, provided it sufficiently indicates the beginning of the cloistered part.
The bishop can and must punish the violators of this law of residence (Sess. 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.