§ 5. Obligation of Cloister

— Cloister, taken formally, is, in the fuller sense, the sum of canonical sanctions by which religious are prohibited from freely going out themselves, or outsiders from freely entering, a defined space which is designated by the name of cloister taken materially. In this full sense it is customarily taken among nuns, and in a certain measure among Sisters; while among men attention is paid almost only to the admission of outsiders, so that material cloister, understood more strictly, is taken of the space from which outsiders are prohibited.

Indeed with varying force and sanction, the Code nevertheless has imposed the common law of cloister upon all religions, indeed upon the very societies where life is lived in common without vows. Cf. cc. 597, 598, 604, 679, §2.

— 1. By the special name of papal cloister is called the cloister which, from c. 597, §1, is to be observed in the canonically constituted houses of regulars, whether of men or of women, even non-formed houses.

From c. 488, 7° and 2°, regulars are only those who have pronounced vows in a religion in which solemn vows are in fact emitted. Wherefore houses of nuns where only simple vows are emitted are not subject to papal cloister, so that in cc. 600-602 and 2342 there is question of nuns strictly so called.

2. The cloister of regulars necessarily affects, morally speaking, the whole house, with the public church excluded together with the adjoining, that is, contiguous, sacristy, the lodging for guests, if there is one, and the parlor, which, as far as can be done, ought to be established near the door of the house (c. 597, §2); yet among men this strictness is tempered by the necessity of living arrangements for students or of other works proper to the religion (c. 599).

3. Among men, only women, of whatever age, class, or condition they may be, are prohibited from entering the cloister. The wives, with their retinue, of those who hold supreme rulership are excepted (c. 598). The prohibition is sanctioned by an excommunication latae sententiae simply reserved to the Apostolic See, by which pubescent women who enter the cloister are punished, and whoever introduce or admit women of any age into the same cloister.

Concerning the going out of men, the Constitution Nullus omnino, §§18-21, of Clement VIII, which permitted going out only for a just cause, from special license, and with a blessing imparted, is no longer confirmed or extended. But c. 606, §1, inculcates upon Superiors the accurate observation of the prescriptions of their own religion, both concerning the going out of subjects and concerning outsiders to be received or approached. But that subjects be absent from the house of their own religion beyond six months for another cause than studies, the permission of the Apostolic See is always required (c. 606, §2). Yet this seems to be tacitly contained in the approval of ministries which of themselves can demand a more prolonged absence.

4. Excepted are Cardinals and those who actually hold the supreme rulership of peoples, and their wives with retinue; excepted also are the local Ordinary or the regular Superior as Visitor, the Confessor, or one acting in his place, for the service of the sick, physicians, and those whose work is necessary. Apart from these, no one of whatever class, condition, sex, or age can be admitted within the cloister of nuns without license of the Holy See (c. 600). Yet postulants themselves are received within the cloister and are held by the law of cloister, though not by its sanction (c. 540, §3).

Nor, after profession, is it lawful for any nun, without a special indult of the Holy See or the faculty of a Legate of the Roman Pontiff, even for a short time, under any pretext, to go out from the monastery, except in the case of imminent danger of death or of some other most grave evil. This danger, if time allows, is to be recognized in writing by the local Ordinary (c. 601).

And this cloister is placed under the vigilance of the local Ordinary.

Those violating the cloister of nuns by entry, and those introducing or admitting them, and nuns illegitimately going out from the cloister, are punished with an excommunication latae sententiae simply reserved to the Holy See (c. 2342, 1° and 3°).

Observe, when there is question of nuns, contrary to what is said concerning men, that not the introduction or admission of all excluded persons is punished by excommunication, but only of those who are of such age and state of mind that, if they themselves entered, they would contract censures.

— In the houses of religious Congregations, whether of pontifical or diocesan law, a similar discipline of cloister is to be observed, yet in such a way: a) that it is protected by no papal censure; but in peculiar circumstances and for grave causes, the bishop can fortify that cloister by censure, unless there is question of an exempt clerical religion; b) that among Sisters, entry is prohibited not to persons of every sex, but only of the male sex; c) that because of residence of students or other works of religion, even among Sisters, partial cloister is admitted, comprehending that part of the building which is reserved for the habitation of the religious (c. 604); d) that no general law prohibits going out, even of Sisters; but superioresses and Ordinaries of places must watch lest, apart from necessity, individual Sisters go outside the house (c. 607); e) that for just and reasonable causes, Superiors can admit other persons within the cloister.