Folia Theologica 11. (2000)

Szabolcs Anzelm Szuromi: The Character of Juridical Personality of Monastery as a Community of Persons up to the 13th Century

FOLIA THEOLOGICA 11 (2000)

101

Szabolcs Anzelm SZUROMI

THE CHARACTER OF JURIDICAL PERSONALITY OF MONASTERY AS A COMMUNITY OF PERSONS UP TO THE 13th CENTURY

I. The development and meaning of the monastery1

The religious form of life is a particular state within the Catholic Church, because the religious make it their intention to live the evangelical counsels in a certain house (stabilitas loci), in community (vita communis). It is manifested by their three vows, and hereby they realize the common way of life (modus vivendi), which has been regulated by their rules.2 They profess their vows before God and their own community, in this way they become a real community, living a consecrated life.3

We can first speak about monasteries from the time when Pachomy (|346) founded his religious community in Tabennis, and when Basil (t379) intensified the aims of cenobitical life through his life-rules.4 The oriental religiousness was powerfully institutionalized by the influence of Basil’s Rules of Life, influencing later authors and their rules.5 The early councils, especially those of Gangra (340/341), and of Chalcedon

1 We use the word ‘monasterium’ in general, thus not only for monastic communities, but for all kinds of religious (consecrated) life.

2 See J. PEJKA, lus canonicum religiosorum, Friburgi-Brisgoviae 31927, 1.

3 “Sed solum id uidetur ad statum hominis pertinere, quod respicit obligationem personae hominis, prout scilicet aliquis est sui iuris uel alieni; et hoc non ex aliqua causa levi, vel de facili mutabili, sed ex aliquo permanente: et hoc est quod pertinet ad rationem libertatis uel seruitutis. Unde status pertinet proprie ad libertatem uel seruitutem siue in spiritualibus siue in ci- uilibus.” Summa Theologica, II. II. q. 183. a. 1.

4 L. Vanyó, Az ókeresztény Egyház és irodalma (Ókeresztény írók 1), Budapest 21988, 551-552.

5 See Rule of St Augustine, Caesar of Arles’s Rule, Institutions of John Cas- sian, Regula monachorum by St Columban, Rule of St Benedict. About the different kinds of rules see A. De VogüÉ, Les rgles monastiques anciennes (400-700) (Typologie des sources du moyen ge occidental 46), Turnhout 1985.