RESERVATION AND RESERVED CASES. – R., from the Latin verb *reservare*, evokes the idea of separation for future disposition, or the idea of restriction or exception. In canon law, it refers to the avocation to the superior, and especially to the Roman Pontiff or the Holy See, of a power, a right, or the exercise of a right.
I. VARIOUS KINDS OF RESERVATION
The Roman Pontiff, succeeding to the primacy of St. Peter, possesses supreme and full power of jurisdiction regarding the discipline and governance of the Church throughout the world, over individual Churches, individual pastors, and the faithful, independently of any human authority (can. 218; Vatican Council, *Pastor aeternus*, sess. IV, ch. 1 and 3; Denz-U, 1824-26). Of these supreme powers, some, such as infallibility, are by their nature intransmissible; as for others, the Pontiff, for their exercise, makes use of collaborators, such as bishops, while reserving by positive law to his direct jurisdiction the handling of certain major matters, known as *causae maiores* (can. 220). These may extend to the doctrinal sphere (can. 1323 §2, 1350 §2, 1999, etc.), legislative (can. 380, etc.), administrative (can. 215, 329, 492 ff., etc.), judicial (can. 1537, 1962, etc.), and penal (can. 2245 §§2-3). Cf. the entries: BEATIFICATION; BENEFICE; ECCLESIASTICAL PROPERTY; CANONIZATION; IMPEDIMENTS; IRREGULARITY; MARRIAGE; as well as DIVINE RIGHT (of the Roman Pontiff); CONGREGATIONS, ROMAN.Bishops are not mere vicars of the Pope, since they possess ordinary power, even though, for the common good, it may be restricted. They themselves, moreover, have the power to limit the jurisdiction of those subject to them. The reasons for these various reservations are manifold: to put an end to abuses, to make it easier to resist external influences, especially those of lay persons, to increase the sense of authority, etc.; but all reduce to one, the exigency of the common good.
Reservations are of particular importance, especially in practice, in the area of penance, and more properly in what are called reserved cases (cf., however, can. 983).
II. RESERVATION OF CASES
1. Notion and historical notes
Reservation in the area of penance is, in general, a restriction of jurisdiction, even if ordinary.In the 5th century, as priests became habitual ministers of the sacrament of Penance, bishops reserved to themselves the public penance, which, however, gradually fell into disuse (v. PENANCE). They continued then to reserve to themselves the absolution of sins of particular gravity, especially if public and a cause of scandal.
The desire and almost the necessity for bishops to have recourse to the Head of Christendom in the most complex cases gave rise, around the 9th century according to Benedict XIV (*De synodo dioecesana*, I. V, ch. 4, n. 3), to papal reservations, and then to a special office (v. TRIBUNALS OF THE HOLY SEE, I: Apostolic Penitentiary). Often penitents themselves went to Rome for the forgiveness of their sins. Trace of this custom is found in conciliar provisions (cf. Council of Seligenstadt, can. 18 [a. 1023]; Council of Limoges of 1031). But the first properly papal reservation is found in the 12th century, with the famous can. 10 of the Council of Clermont (a. 1130), which reserved to the Pope the absolution of whoever had struck an ecclesiastic; a norm that passed into can. 15 of the Second Council of the Lateran (a. 1139) and into Gratian’s *Decretum* (c. 28, C. 18, q. 4). A Council of London in 1143 reserved to the Pope the absolution of those who used violence against churches, cemeteries, and clerics (Hefele-Lecercq, V, p. 795; V. also PRIVILEGES OF CLERICS). A series of papal reservations is found in the *Bulla in Coena Domini* (v.). Papal cases, but especially episcopal ones, began to increase, and superiors of religious orders followed the example of bishops. Several times the Holy See had to intervene to limit the number of reservations, while maintaining the principle. The Protestants were the first to attack this right of the Holy See and of bishops to avoke to themselves the absolution of certain cases (cf. Leo X, bull *Exurge Domine*, 12-13; Denz-U 752-53).
The Council of Trent then ratified this right of the Roman Pontiff and of bishops (sess. XIV, can. 11; Denz-U, 921; sess. XIV, ch. 7; ibid. 903), a right included in the broad *potestas clavium*, of binding and loosing (Mt. 16:18-19; 18:18; Jn. 20:23). Sixtus V, with the bull *Cumum et salutare* of 5 Jan. 1589, reserved to himself the sin of simony committed in the promotion to sacred orders, without attaching a censure; a reservation confirmed by Clement VIII (*Romanum Pontificem*, 28 Feb. 1596). Benedict XIV then reserved (bull *Sacramentum Poenitentiae*, 1 June 1741) the sin of false accusation of solicitation in confession.
The Synod of Pistoia revived the Protestant doctrine against reservation; but it was followed by the condemnation of Pius VI (*Auctorem fidei*, 28 Aug. 1791, props. 44-46; Denz-U, 1544-1546). Pius IX reorganized the discipline of reservations by making an authentic list of reserved censures (*Apostolicae Sedis*, 12 Oct. 1869). Wise norms were then issued, shortly before the publication of the *Codex Iuris Canonici*, which made use of them, by the Holy Office with the instruction of 16 July 1916 (*AAS*, 8 [1916], p. 313 ff.). Reservation is thus an act of the superior, who avokes a particular case to himself, withdrawing it from the judgment of his inferiors. Reservation therefore involves the transfer from an inferior tribunal to a superior one. Hence in reservation all inferiors are deprived of a certain competence, even if they possess ordinary power; it is therefore not a reservation, for example, the deprivation of jurisdiction of a priest who is an accomplice in the sin of complicity.
2. Various kinds of reservation of cases
a) According to the object. The object of the reservation of cases in ecclesiastical law can be the sin as such and the censure attached to the sin. In the first case, the inferior confessor is incompetent to absolve such a sin. In the case of a censure, the absolution of the censure is reserved to the superior, not the sin itself, so that if, for any reason, the censure were lifted or not incurred, the sin would not be reserved and any confessor could absolve II. The reserved cases, listed in Book V of the *CIC*, are all reserved *ratione censurae*. b) According to the author. There are cases reserved to the Pope, to the bishop, to the religious superior. Cases reserved to the bishop do not bind outside his territory. Cases established by the superior of a clerical exempt religious institute or by the abbot of a *monasterium sui iuris* affect only the subjects.3. End of reservation
a) The end of reservation is not penal with regard to the confessor, nor with regard to the penitent who is affected by the reservation only through the confessor. b) The end of reservation is not primarily medicinal, since it is not directed to the private good of the penitent (although this is not excluded), but to the common good of society, which requires that the judgment of a very grave case be brought before the superior tribunal. c) The end of reservation is rather directly disciplinary. The two ends, disciplinary and medicinal, are frequently recalled by the instruction of the Holy Office (13 July 1916) and by the *CIC* (can. 879).In Book V of the *CIC* reservation is also considered as a penalty since it is established to aggravate censures, but it does not change the nature of reservation because what is penal in it derives from the censure attached to II.
Since reservation is not in itself penal, ignorance of reservations is not in itself an excuse; at least for sins reserved *ratione sui*. The legislator, however, can establish otherwise in some particular case; as indeed the *CIC* has done for censures (can. 2247 §3).
### III. RESERVATION OF SINS
#### I. AUTHOR OF THE RESERVATION
The author of the reservation is the person who has ordinary power to grant the faculty of hearing confessions (v. PENANCE) or of imposing censures (v.), excluding the capitular and general vicar without special mandate (can. 893 § 1). First among these is the Roman Pontiff.
The Ordinary may proceed to reservation only after having discussed it in the diocesan synod or, outside the synod, after having heard the cathedral chapter and some of the more prudent priests in charge of souls (can. 895).
Among clerical religious, the only competent authority is the Superior General, and in monasteries *sui iuris* the abbot (can. 986). This faculty, however, is not unlimited; indeed, the *CIC* shows a certain reluctance to grant it, given the conditions attached to II. The Superior General and the abbot *sui iuris* must consult their council (can. 896).
#### 2. CONDITIONS FOR RESERVATION
a) Only mortal sins are subject to reservation, even if they are external yet occult, specifically determined, certain, excluding any doubt of law or fact, committed materially, and by one who has reached the age of puberty.
Cases of reservation of sins imposed by the Ordinary must be at most three or four, and the reservation itself must not remain in force beyond the time necessary to uproot some unusual public vice or to restore Christian discipline (can. 897).
b) Ordinaries must refrain from reserving sins that are already reserved to the Holy See *ratione censurae* (can. 898; cf. also can. 2247 § 1). Once a reservation has been imposed, Ordinaries must ensure that it is made known to their subjects in the best possible way and must ensure that the faculty of absolving from the reservation is not granted indiscriminately (can. 899 § 1).
#### 3. RESERVED SINS
The only sin reserved *ratione sui* to the Holy See, under current discipline, is the false accusation of the crime of solicitation (v.), made to ecclesiastical superiors against an innocent priest (can. 894). For sins reserved *ratione censurae*, see below.
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### IV. RESERVATION OF CENSURES IN PARTICULAR
#### 1. POWER TO RESERVE
The power to reserve follows the power to impose censures and to establish norms for their absolution (v. CENSURE).
Reservation established previously by the Ordinary ceases by operation of law upon the issuance of a reservation by the Supreme Pontiff. The *CIC* warns Ordinaries not to impose reservations with censures except in cases of special gravity and necessity for the maintenance of Church discipline and for the good of the faithful (can. 2246 § 1).
#### 2. RESERVED CENSURES
Censures, as is well known, are distinguished into *latæ sententiæ* and *ferendæ sententiæ*. In common law, *latæ sententiæ* censures are not reserved unless expressly stated (can. 2245 § 1). Among those expressly reserved, some are reserved to the Holy See, others to the Ordinary. Censures reserved to the Apostolic See are either reserved *simpliciter*, *speciali modo*, or *specialissimo modo*. The main difference among the three degrees of reservation lies in the fact that, respectively, absolution requires ordinary, special, or specialissime faculty. In the *CIC*, four censures are reserved *specialissimo modo* to the Holy See, eleven *speciali modo*, and eleven *simpliciter*. Six censures are reserved to the Ordinary (v. EXCOMMUNICATION). In the latter case, the reservation ceases in places where no Ordinary has authority, such as in the middle of the ocean, etc. In particular law, as in common law, *latæ sententiæ* censures are reserved only if expressly declared in the law (can. 2245 § 4).
According to some authors (Roberti, Michiels, Cabreros), censures are not reserved if the precept does not expressly declare them so, as taught by can. 2245 § 4.
*Ferendæ sententiæ* censures, whether established by common or particular law or even by precept, once applied, become *ab homine* and are reserved to the one who imposed them, whether by declaratory sentence or by way of precept (can. 2245 § 2).
#### 3. EFFECTS OF RESERVATION
A censured person cannot be absolved from sins unless first absolved from the censure (can. 2250 § 2). The reservation of a censure that does not prohibit the reception of the sacraments (non-reserved suspension and local interdict) does not prevent the censured person, if disposed, from receiving the sacraments; hence, they may be absolved from sins, while the censure remains in force (can. 2250 § 1). It may happen that both the sin and the censure are simultaneously subject to reservation. In such a case, the effects of the two reservations accumulate. In common law, there is only one example in the false accusation of the crime of solicitation, reserved *ratione sui* (can. 894) and *ratione censurae* (can. 2363, i.e., reserved *speciali modo* to the Apostolic See).
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### V. ABSOLUTION FROM RESERVED SINS AND CENSURES
In danger of death, any priest may absolve from any reserved sin (v. ARTICLE OF DEATH); outside danger of death, a special faculty is required.
1) In the single sin reserved to the Holy See, such faculty belongs to the Supreme Pontiff, the Cardinal Penitentiary, and other cardinals (can. 239 § 1, n. 1).
2) In cases of sins reserved to the Ordinary:
a) Such faculty of absolution belongs, by right, to the penitentiary canon (can. 401 § 1); and it must be habitually granted at least to the deans, with the faculty of subdelegating to confessors in their district, especially in places most remote from the episcopal see, if and when confessors resort to them in some urgent case (can. 899 § 2).
b) Parish priests and those considered as such may also absolve throughout the time necessary to fulfill the paschal precept, as may individual missionaries during the time they hold missions or spiritual exercises for the people (can. 899 § 3).
Finally, any reservation ceases (even reservations of sins made *ratione sui* to the Holy See: Commission for the Interpretation of the *CIC*, 10 Nov. 1925; AAS [1925], p. 583) for the sick who cannot leave their homes and for spouses who confess in preparation for marriage. It also ceases whenever the legitimate superior requested refuses to grant the faculty of absolution or, according to the prudent judgment of the confessor, the faculty cannot be requested without grave harm to the penitent or without danger of violating the sacramental seal (can. 900). The pilgrim is bound by the reservations of the place where they are staying (Commission for the Interpretation of the *CIC*, 24 Nov. 1920; AAS, 12 [1920], p. 575).
A confessor who acts in good faith (or even through crass ignorance or without realizing the reservation)