Chapter II. On Reservation of Censure

I. Notion of reservation. Reservation of censure is its evocation to the judgment of the Superior; therefore it limits the inferior's power of absolving (canon 893, §§ 1 and 2).

II. Power of reserving. Those same persons can reserve censures who can issue them (cited canon). Nevertheless, "if a censure is reserved to the Apostolic See, the Ordinary cannot issue another censure reserved to himself for the same delict" (canon 2247, § 1). In addition, canon 2246, § 1, admonishes: "Let no censure be reserved unless with attention to the peculiar gravity of the delicts and to the necessity of providing more suitably for ecclesiastical discipline and of healing the consciences of the faithful."

III. Reserved censures. 1. A censure ab homine (inflicted)¹ is reserved, and indeed to him who inflicted the censure or issued the sentence, or to his competent superior, or successor, or delegate (canon 2245, § 2).

2. Censures latae sententiae, established by law or by precept, are reserved if this is expressly said in the law or precept (canon 2245, § 4). Moreover, among censures reserved by law, some are reserved to the Ordinary, others to the Apostolic See (canon 2245, § 2). Among those reserved to the Apostolic See, some are reserved simply, others in a special manner, others in a most special manner (canon 2245, § 3).

IV. Interpretation of reservation. Reservation receives strict interpretation (canon 2246, § 2). Therefore reservation is not had in doubt whether the requisites are present so that it must be applied.

V. Effect of reservation of censure with respect to sin. Reservation of a censure impeding reception of the sacraments (n. 864) imports the reservation of the sin to which the censure is annexed (canon 2246, § 3). But a sin of this kind is said to be reserved by reason of the censure, not by reason of itself; hence, "if someone is excused from the censure or has been absolved from it, the reservation of the sin ceases entirely" (cited canon).

VI. Limits of reservation. Reservation of a censure in a particular territory does not exert its force outside the boundaries of that territory, even if the censured person goes out of the territory to obtain absolution; but a censure ab homine is reserved everywhere, so that the censured person can nowhere be absolved without the due faculties (canon 2247, § 2).

¹ Inflicted; for a censure latae sententiae added to a particular precept is indeed ab homine, but is not always reserved, as is said under III, 2.