Note 516 — Chapter II · LIMITATION OF JURISDICTION OR RESERVED CASES

S. Alph. n. 579; Bened. XIV, De Synodo, Lib. V. cp. 5. The Pope says: “Although in this matter no absolute and universal standard can be established, the general exhortations and decrees which the Sacred Congregations at Rome have issued upon the subject may serve as a guide:—

“On January 9, 1601, the Sacred Congregation of Bishops and Regulars issued the following exhortation to the bishops: In order that the bishops who are empowered to reserve may not unduly burden their subjects and confessors with reserved cases, they are all exhorted to reserve only a few cases, and those only which they believe themselves bound to reserve in the interests of Christian morality, and for the welfare of the souls committed to them, according to the condition and character of each diocese. This exhortation was repeated on Nov. 26. On the same day, the same Congregation issued a circular letter to the bishops, in which the following exhortations are addressed to them: The bishops should take care that they do not indiscriminately reserve those cases to which the greater excommunication is by law attached, absolution for which is reserved to no one, except when the special reservation of such cases appears necessary on account of frequent scandal, or some other urgent ground; nor those cases in which absolution is granted only when restitution has been made, or that performed which the penitents are bound to perform; nor should they reserve those cases which, although great sins, are yet matters of lesser importance, and of frequent occurrence amongst uneducated people; such as cases of damnificatio injusta, etc. In reserving sins of the flesh they must proceed with great circumspection on account of the danger of scandal, especially when suspicion might fall upon persons either from their going to extraordinary confessors, or frequently recurring to the bishop. Finally the bishops are admonished to adopt and adhere to that course of action, which, after mature consideration of the customs, natural disposition and tendency of the neighborhood and people appears to them to be the best before the Lord. The decrees of the Sacred Congregation of the Council are couched in a similar strain. This Council ordered a bishop who had accumulated too many reserved cases to choose ten or at most twelve of the more considerable offenses, as he thought proper, and to strike out the rest.”