§ 1. On Reserved Cases

RESERVATION OF CASES is the denial of jurisdiction concerning certain sins. Thus St. Alphonsus.²² - From this definition it is clear that a reserved case is one from which the confessor cannot absolve on account of defect of jurisdiction denied to him by the Superior over that case, although power of absolving from other sins has been granted.

The end of reservation is TWOFOLD: 1. that the faithful may be more efficaciously deterred from crimes whose remission they have seen to be more difficult; 2. that those who have fallen into sins of this sort may receive fitting penances, admonitions, and remedies, which it is not fitting to be given by others than by Superiors, who are always considered more prudent and more suitable.²³

These things having been noted beforehand, so that all things necessary to know about this matter may be set forth, one must treat: 1. of the power of reserving sins; - 2. of the conditions of reservation; - 3. of the distinction of reserved cases; - 4. of absolution from reserved cases.

1767. Principles. I. There exists in the Church the POWER OF RESERVING certain sins, from which inferior confessors without a special faculty cannot absolve outside the article of death. - This is established: 1. from Trent, sess. 14, on Penance, can. 11, thus defining: "If anyone shall say that Bishops do not have the right of reserving cases to themselves, except as regards external polity; and therefore that reservation of cases does not prohibit a priest from truly absolving from reserved cases: let him be anathema." - 2. From the perpetual practice of the Church, which innumerable documents attest. - 3. From the very nature of the Sacrament of Penance, having the character of judgment. For in judgments all greater causes are remitted to judges of a higher order.²⁴

1768. II. The power of reservation is in all Superiors who enjoy the power of ORDINARY jurisdiction in the EXTERNAL forum (cf. n. 1749). The reason is because these alone, who can confer jurisdiction, can also limit it. Hence: 1. the Pope can reserve cases in the whole Church; 2. Bishops in their dioceses; 3. Prelates of Religions, and others who possess quasi-episcopal power, within the ambit of their own jurisdiction, yet under certain limits determined by the Roman Pontiff. - But such a faculty has been abrogated for pastors, at least by custom.²⁵

Let it be noted: Superiors indeed sin gravely if they reserve cases without reasonable cause; nevertheless reservation of this sort is valid, according to the more common and truer opinion, because all jurisdiction descends from the Superior; "but in every doubt, one must stand for the power of the Superior who possesses it."²⁶

But the S. C. OF BISHOPS AND REGULARS (November 26, 1602)²⁷ judged that Ordinaries should be admonished not everywhere, but when it will seem expedient for the common good, to reserve to themselves the absolution only of more atrocious and graver crimes, whose reservation contributes to retaining Christian discipline and yields to edification, but not to destruction. - It also prohibits them from superfluously reserving to themselves cases specially reserved to the Apostolic See.

1769. I. From the custom of the Church, a sin is not judged reserved unless it is INTERNALLY and EXTERNALLY grave, CONSUMMATED in its species, and CERTAIN. The reason is, 1. because although any sins whatever are, of themselves, subject to reservation, nevertheless from the Tridentine norm only the more atrocious and graver are reserved; and hence it is why an offense falling under reservation must be internally and externally grave; 2. because reservation, as something odious, is of strict interpretation, and therefore it is required that the offense be consummated in its species, and certain, and certainly reserved (cf. n. 1263).

Therefore, when the confessor suspects a reserved case, let him carefully inquire:

1. Whether the sin is INTERNALLY GRAVE with perfect advertence and full consent in grave matter. - 2. Whether it is also GRAVE AS REGARDS THE EXTERNAL ACT; for if it were externally light, it would not be reserved, although internally grave.

3. Whether it is CONSUMMATED and perfect in its species: for example, in homicide, whether death truly followed; in adultery or incest, whether copulation was consummated in the due vessel, etc. 4. Whether it is so CERTAIN that no prudent doubt remains; whether doubt of fact (for it is required by all that the sin be certainly committed with all required conditions), or doubt of law; because, when it is disputed among the Doctors whether some sin is reserved or not, the confessor is in possession of the faculty of absolving, as is taught most probably and commonly. And in the case in which this opinion were false, the Church certainly would supply¹ (cf. n. 1755). Yet in this matter, diocesan statutes must be consulted.

1770. II. Reservation immediately affects the CONFESSOR, and mediately the penitent. - This is established from the nature of reservation, "which is not a penalty regarding penitents, but a denial or restriction of jurisdiction regarding confessors. And concerning this there seems no room for doubt; for Trent (sess. 14, cap. 7), to show that priests can do nothing in reserved cases, premises these words: that absolution ought to be of no moment which a priest pronounces upon him over whom he does not have ordinary or subdelegated (note this) jurisdiction."²

Hence it is inferred: 1. A simple confessor CANNOT absolve from reserved cases, even if they were committed in a place or time in which reservation did not exist, because here and now he lacks jurisdiction; - 2. he CAN absolve from sins committed at the time and place of reservation, if reservation does not exist at the time and place of absolution.

1771. Questions. Q. 1. In how many ways can a case be reserved?

Resp. In two ways: 1. By reason of itself only, when no censure is attached to it, or is attached only accessorily: and this case is said to be reserved principally because of the sin; hence, although the censure is not incurred, nevertheless the reservation remains. 2. By reason of censure, when namely the sin is reserved principally because of the censure, so that the censure is immediately reserved, and the sin itself mediately; hence, the censure being removed, for example because someone sinned led by grave fear, the sin does not remain reserved.³

Q. 2. Whether IGNORANCE OF RESERVATION excuses from incurring it?

Resp. St. Alphonsus, with the very common opinion, distinguishes thus: 1. If cases are reserved principally ON ACCOUNT OF CENSURE, as almost all papal cases are, ignorance certainly excuses, because in reservation of this sort the character of penalty is principally considered, which is inflicted only on the contumacious. - Therefore in these cases, the censure being reserved, the sin also remains reserved; but the censure being removed, for example because it was unknown, the sin is not reserved, as is clear from the preceding question. - Yet if someone knows the censure, and is ignorant only that it is reserved, he is not excused from incurring it; because he now consents to the penalty of censure, and therefore implicitly to its reservation and to all other effects, although unknown (cf. n. 220).

2. If cases are reserved principally BY REASON OF SIN, such as are the two papal cases (cf. n. 1772), and almost all the cases which not common law reserves to Bishops, but Bishops themselves reserve to themselves, ignorance, according to the truer opinion, does not excuse from reservation. The reason is because reservation deprives the confessor himself of all jurisdiction as regards that sin.⁴ - And the same is valid as regards cases which Bishops reserve to themselves with censure, because while in papal cases the censure is reserved principally and the sin secondarily, on the contrary, in episcopal cases the case itself, or sin, is reserved principally and of itself, even when a censure has been annexed accessorily, for binding more strongly.⁵ Universal practice confirms this; hence the opinion of those who teach the contrary does not seem able to be brought into use (cf. n. 1767). - Except, however, if the contrary were positively established from the words of the Bishop, that is, if he reserved the case principally because of the censure, and expressed this;⁶ or if he openly said that he did not wish to comprehend in the law the case of ignorance.

Q. 3. Whether and how TRAVELERS are subject to reservation?

Things to be noted beforehand. Two things must be kept before the eyes: 1. A confessor whom reservation affects cannot absolve travelers except according to the limits of jurisdiction which he has from his Ordinary. 2. Penitent travelers, that is, those of another diocese, are subject, as regards the sacramental forum, to the laws of the place where they are actually present and confess.⁷ And this indeed from the will of the Church, or from universally introduced legitimate custom (cf. n. 1752, q. 2). Hence:

Resp. 1. A penitent departing into another diocese with a sin reserved in each diocese perseveres in being subject to reservation, and can be absolved in neither diocese except by one having the faculty.

2. He who confesses a sin not indeed reserved in his own country, or in the place where it was committed, but reserved in the diocese where he confesses, is likewise subject to reservation, nor can he be absolved except by one having the faculty.⁸ Yet here he is not bound by the censure which is reserved by the law of that diocese, because he is not a subject of that diocese in the external forum, nor is he contumacious.

3. He who confesses a sin reserved in his own country, but not in the place where he confesses, can be absolved by a simple confessor, provided he has not migrated there in fraud of reservation. Thus from the Constitution Superna of Clement X for Regulars, and from universally introduced custom for secular confessors⁹ (cf. n. 1752, q. 2). - Nor does it hinder if a censure reserved by the law of his country is annexed to the sin; because it has been received that Bishops, and their delegates, absolve even from censures reserved in another diocese, unless they are public or imposed by a particular sentence.¹⁰

Q. 4. What is it TO MIGRATE IN FRAUD OF RESERVATION?

Resp. Different persons interpret the matter differently; but the more common and more probable opinion holds that the penitent then migrates in fraud of reservation "when he seeks another diocese for the principal end of obtaining absolution and avoiding the judgment of his own pastor"; even if he were to do this in good faith, believing that it is not forbidden. "The reason is because fraud is said to intervene where the law is rendered illusory.... But the law of reservation would be eluded if the penitent migrated elsewhere from the principal motive of seeking absolution. Hence he can well be absolved if he has gone away to some diocese for some honest end, for instance of conducting business, or of gaining an Indulgence; or so that he may confess with less inconvenience, or dispatch confession more quickly; or so that he may find an unknown or more prudent confessor who may direct him better, etc." Nor indeed does he migrate in fraud of reservation for obtaining absolution who departs from a diocese to commit a sin which is reserved there; for he does this so as not to incur the reservation itself.¹¹

Papal, episcopal, and regular cases are distinguished.

1772. I. PAPAL cases are of two kinds. For some are reserved by themselves, or by reason of the sin; others because of the reserved censure.

1. The cases reserved to the Pope by themselves, WITHOUT CENSURE, are two: 1) False denunciation of a confessor: namely when someone falsely accuses an innocent priest before ecclesiastical judges of the crime of solicitation, whether by calumniating by himself, or by causing the calumny to be brought by others. From the Bull Sacramentum of Benedict XIV.¹² This case is reserved most specially, namely in such a way that the Major Penitentiary himself, without consulting the S. Pontiff, cannot absolve from it, even in the time of Jubilee. - 2) Retention of gifts received from Religious. Namely, he who has received gravely illicit gifts, even if not of great price, from Religious of either sex bound by solemn vows, cannot be absolved by a simple confessor unless they have first restored them (however much he may have been disposed to restore); or unless, being unable to restore, he has promised that as soon as he is able he will restore.¹³

Before restitution has actually been made, in a case in which it is not impossible, the Major Penitentiary, or a Confessor appointed by him, can indeed absolve a detainer of this sort, provided that the gifts received do not exceed the value of ten Roman scudi, 54 francs, and were not from goods of the Religion, and provided that the obligation of alms is enjoined, to be determined at the judgment of himself or of the delegated confessor, which is to be expended for the benefit of the Religion or Convent to which restitution would have to be made by law, if it can be done cautiously.¹⁴ But if the gifts received exceed the value of ten scudi, or are from goods of the Religion, neither the Major Penitentiary by ordinary faculty nor another can absolve before restitution has been made, but only the Roman Pontiff. - From the Bull Religiosae of Clement VIII; Nuper of Urban VIII; Pastor bonus of Benedict XIV.

2. Cases reserved to the Pope BECAUSE OF CENSURE, from the Constitution Apostolicae Sedis issued by Pius IX, are subdivided into two classes. For some are reserved in a special way, others simply, as we saw in the Treatise on Censures (cf. n. 1313 seqq.).

1773. II. EPISCOPAL cases are also of two kinds: some are said to be reserved BY LAW, others reserved BY MAN.

1. Cases reserved to Bishops or Ordinaries BY COMMON LAW are the following: 1) the three excommunications with which are struck those attempting marriage while bound by solemn vow - those procuring abortion - and those using false Apostolic Letters (cf. nn. 1348-1350). 2) The striking of a cleric in certain circumstances (n. 1310). 3) The suspensions inflicted by Trent (nn. 1368-1374). - It is known besides that papal cases, by law, become episcopal, whether in an occult case, if they are simply reserved, or at least in the case of perpetual impediment, according to what was said in nn. 1280 and 1283.

2. Cases reserved to the Bishop BY MAN are those which any Bishop, whether in Synod or outside Synod, by general sentence, reserves to himself, and ordinarily indeed without censure.

They are various according to the diversity of places, and therefore to be learned from the statutes of each diocese. But here:

IT IS ASKED. Who are EXEMPTED from episcopal reservation?

Resp. 1. EXEMPT Religious, their Novices, familiars, and domestics, provided they are continual table-companions; hence, "if a Novice has fallen into a reserved case before entrance, he indeed will not be able to be absolved by any secular confessor, but by privilege he will be able to be absolved by a confessor of the Religion."¹⁵ But if a Religious were to offend in those things in which he is not exempt but subject to the Bishop, he certainly could incur censure and reservation.¹⁶ 2. EXEMPT Nuns.¹⁷ Yet reserved cases must be excepted in matter pertaining to the Bishop as delegated by the Holy See, for example relating to enclosure, as is established from the decision of the S. C. of Bishops and Regulars (September 1746, in Nicoteren.).¹⁸

Note. Cases reserved to the Most Eminent Cardinal Vicar of the City are only TWO, namely: 1. The sin which they commit who do not satisfy the precept of paschal Communion within the time which runs between Palm Sunday and Low Sunday inclusive. 2. The excommunication to be incurred by the very fact by those who either lend or receive the certificate, commonly called bollettino, of paschal Communion.¹⁹

1774. III. Prelates of Religions CAN, if they wish, reserve cases to themselves, but, as Clement VIII decreed on May 26, 1593, only ELEVEN, and no more without the consent of the general Chapter for the whole Religion, or of the provincial Chapter for the whole province.

The ELEVEN cases are: 1. Apostasy from Religion, even with the habit retained. - 2. Nocturnal and furtive departure from the monastery. - 3. Poisonings, incantations, and divinations. - 4. Ownership against the vow of poverty, which is a mortal sin. - 5. Mortal theft from the things of the monastery. - 6. Voluntary lapse of the flesh consummated by work. - 7. A false oath in a legitimate judgment. - 8. Procuration, counsel, or aid toward abortion of an animated fetus, even with the effect not following. - 9. Killing or wounding, or grave striking of any person whatever. - 10. Falsification of the hand or seal of the Officials of the monastery. - 11. Malicious impediment, delay, or opening of letters from Superiors to inferiors, or the contrary."²⁰

These cases are all reserved in the Religion of the Capuchins.²¹

Let it be noted: 1. Prelates CANNOT impose censures upon other cases; because this would be indirectly to reserve and to elude the prohibition of Clement VIII. Thus the S. Congregation of Bishops and Regulars, July 7, 1617. - 2. A Confessor of Regulars, if the Superior denies him the faculty of absolving, which he himself prudently judges ought to be conceded, can absolve for that time (Thus Clement VIII);²² that is, as often as the Superior unjustly denies the faculty. It is also probable that the same can be done if the time of celebration or Communion is urgent, and the Superior cannot be approached. Except if scandal, or some other grave damage, first had to be repaired.²³

1775. Things to be noted beforehand. 1. Absolution from reserved cases can be given directly or indirectly: directly, when the reserved sin is expressly declared before a confessor possessing due faculty; indirectly, when, from a just cause, it either is not declared, or is declared before a simple confessor, who can absolve only from sins not reserved.

2. Direct absolution is conceded either regularly by the reserving Superior or his delegate, or exceptionally by a simple confessor in certain circumstances. Wherefore the following principles are established.

Principles. - I. The RESERVING Superior, or his SUCCESSOR, or even the SUPERIOR OF THE ONE RESERVING, absolves from reserved cases from his own and ordinary power. The reason is because it belongs to him to absolve to whom it belongs to bind (cf. n. 1278 seqq.).

1776. II. An INFERIOR cannot absolve from reserved cases unless the faculty has been delegated to him either BY MAN, that is, by the Superior, or by LAW, or by CUSTOM, or by PRIVILEGE (cf. n. 1282). - But the general principle is that the delegate represents the one delegating, and enjoys his power for the benefit of the subject. Hence the subject can approach the delegate as often as he is impeded from approaching the Superior: yet he seems to be constrained to this by no law (cf. n. 1284, q. 2).

Moreover: 1. As regards cases reserved by the Pope, BISHOPS have from LAW a threefold power, which they can subdelegate. For: 1. By ordinary power, of which Vicars general also are participants, they absolve from cases reserved by the Pontiff to the Bishop or Ordinary, as we said above (nn. 1280, 3; 1773, 1). 2. Where Trent has been received, they have from chapter Liceat the faculty of absolving their subjects, in the forum of conscience,¹ from all occult cases simply reserved to the Pope (cf. n. 1280, 2). - They also obtain broader faculties by special Indults. See after n. 2333, Appendix I.

2. All INFERIORS need delegation of the one reserving, or of his Superior, so that they can absolve in his territory. - Hence, although a Vicar general has ordinary jurisdiction and can approve and delegate others, as is established from the Constitution Superna of Clement X, nevertheless without special commission he cannot either personally absolve or give to others the faculty of absolving from cases which the Bishop reserved to himself alone. St. Alphonsus says aptly to the point:² 1. The Bishop indeed sins gravely if he unjustly denies the faculty of absolving, with harm to souls, especially if the penitent cannot be induced to approach him; yet the confessor is bound by his denial (cf. n. 1768, 1). 2. But the Superior "can always justly deny the faculty until the penitent brings to him the information necessary for repairing public scandal or damage; for otherwise, as indisposed, he can be absolved by no one."³

3. The faculty which the Bishop grants of absolving from CASES reserved to himself extends, of itself, only to reserved SINS, but not to reserved censures. - Except, however, excommunications annexed to the same sins by the very fact. For excommunication, otherwise than must be said of suspension and interdict, obstructs absolution from sins. Hence, by that very fact that a faculty is conceded of absolving from a sin which has excommunication annexed to itself, the faculty of absolving from that excommunication is also conceded. But when the power of absolving from cases reserved to the Pope has been conceded, the power of absolving from annexed censures is always conceded; because the Pope is not accustomed to reserve cases except by reason of an attached censure⁴ (cf. n. 1772).

4. A privilege or Indult for the absolution of reserved cases can be either of the one absolving himself, as is, for example, that of those who obtain a schedule of the S. Penitentiary, quinquennial faculties, etc.; or of the penitent himself, when namely a privilege is conceded to him by force of which he can be absolved from reserved cases by a simple confessor, as for example from the Bull of Jubilee, Crusade, etc.

NB. Ancient privileges, as regards censures reserved to the Pope, are at present extinguished by abrogation, according as was said in the Treatise on Censures (n. 1280, 1); but new concessions are always limited to time or to persons, and therefore their communication among Regulars cannot be made. And hence it is why the very words by which the faculty of absolving has been granted to him must be carefully weighed by the confessor.

1777. III. There is no reservation in the ARTICLE or danger of DEATH. Therefore a simple confessor, and in his defect a simple priest, can absolve from any censures and sins whatever.⁵ This is established from what was said in n. 1753.

But let it be noted: 1. The dying person, so that he may be duly absolved, must, if he is in possession of himself: 1) seek absolution; 2) repair scandal, if he publicly gave any, in the better way in which he then can; 3) first satisfy the injured party, unless this party validly remits the reparation of the injury, for example the church whose goods he usurped; or if he then cannot furnish this, swear that he will satisfy as soon as he can; 4) if the crime is very enormous, swear that he will perpetrate it no more⁶ (cf. n. 1287).

2. If the sin was reserved by reason of itself, without censure, "there remains no obligation of presenting oneself to the Superior; because then the sin was truly directly absolved," as Suarez and others rightly teach.⁷

3. If a censure reserved to the Bishop or in a special way to the Pope is annexed to the reserved sin, the penitent must promise that, if he recovers, he will present himself to the Superior, not indeed so that he may again be absolved, but so that he may receive due admonition and penance, according to what was said in nn. 1274 and 1282.

4. When the Bishop is present, a simple confessor cannot licitly absolve from cases reserved by that Bishop with censure. The reason is because the confessor, by reason of the censure, would have to enjoin the dying person that, if he recovers, he present himself as soon as possible to the Superior. Since therefore the Superior himself is present, relaxation of the censure must be sought and obtained from him, unless danger of infamy or something else hinders.⁸ It is otherwise with censures reserved to the Pope; because, although the burden of presenting oneself to him is sometimes given, nevertheless in practice the Pope is never personally present.

1778. Questions. Q. 1. In what other way does reservation CEASE?

It ceases: 1. Except in a Jubilee (cf. n. 1739, q. 10), through confession, although invalid, or even sacrilegious, made to the Superior or to one having the faculty, and in which the reserved sin is accused; for thus the end of reservation is sufficiently obtained, since the Superior can now judge concerning the accused sin, and the penitent now receives from him remedies and penance "which he is always bound to fulfill, although afterward he perceives that the confession was invalid." Thus the more common and more probable opinion.⁹ 2. Through a VALID confession made to the Superior or to one having the faculty, although the penitent forgets the reserved case, yet inculpably. And this opinion indeed, which is commonly taught, St. Alphonsus holds as probable;¹⁰ except only the case in which from the circumstances it is positively presumed that the Superior would have delayed absolution if he had heard the sin; for otherwise he is judged to have wished to free the rightly disposed penitent from every bond, namely by using these words: "Insofar as I can, and you need."¹¹ 3. Through confession of a DOUBTFULLY RESERVED sin, whether by doubt of fact or even of law, made to one not having a special faculty, even if the penitent afterward recognizes the case as certainly reserved. Thus the common and most probable opinion; and the reason is because in doubt odious things are to be restricted, nor is the faculty of absolving taken away except by certain reservation, as was said in n. 1769. And besides, "since this opinion is common and most probable, in the case in which perchance it were false, the Church supplies."¹²

Therefore, in these three cases, confession can, at least when a reasonable cause is present, be repeated or completed before a simple confessor (cf. n. 1755).

Q. 2. Whether he can be absolved from reserved cases who sinned IN CONFIDENCE of obtaining license?

Resp. "Some have doubted; but the more common opinion affirms it, because, granted that the one conceding license does not wish sinners to sin more easily because of it, nevertheless he does not exclude that those who have sinned on the occasion of it can be absolved, if they truly propose to avoid sin."¹³ And this is valid also for Jubilee, because the same reason runs, and a faculty generally conceded is not to be limited by decision.¹⁴ (cf. n. 1736, B, I).

Q. 3. Whether license given for reserved cases can be EXTENDED to sins committed after the license has been imparted?

Resp. It is not extended "if the license has been given for sins only specifically named, or determined by number. But otherwise if it has been conceded indefinitely, as is taught very commonly." Yet except "if the penitent to whom license has specially been conceded were to commit another sin after a notable time, for example after a month, or if the license had been conceded in view of some particular festivity."¹⁵

Q. 4. Whether a simple confessor can never, OUTSIDE DANGER OF DEATH, absolve from reserved cases?

St. Alphonsus responded:¹⁶ "When the Superior cannot be approached, the inferior can indirectly absolve from reserved cases, if some cause is urgent: for example, so that scandal or the mark of infamy may be avoided; or so that the paschal precept may be satisfied; or if the penitent otherwise would have to persevere longer in mortal sin, because the Superior is far away. Thus commonly." And the reason is because, necessity standing, confession is formally integral, and the confessor possesses jurisdiction over non-reserved sins; hence he validly and licitly absolves.¹⁷

It was said indirectly, because simple confessors, as Trent declared, sess. 14, cap. 7, outside the article of death, can do nothing in reserved cases. Wherefore, the impediment ceasing, even if by its nature it were perpetual, the penitent is bound to approach the Superior or his delegate, so that he may be directly absolved from the reserved cases.

Q. 5. Whether the penitent is VALIDLY absolved who, in GOOD FAITH, confesses a reserved sin to a simple confessor, or forgets it before the same?

Resp. Affirmative, if at the same time he confesses a non-reserved sin, whether mortal or venial; because in such a case, as is sufficiently established from what has been said, the non-reserved sin is directly absolved, and the reserved sin indirectly.¹⁸ But the confessor sins, and gravely indeed, if knowingly, without just cause, he absolves in this way, and the penitent is always bound to repeat the confession of the sin remitted only indirectly.

Note. As regards TRAVELERS, see n. 1771, q. 3. As regards the necessity of communicating or celebrating in a case in which someone has a reserved sin, cf. n. 1551.

1779. PRACTICAL RULES. The confessor, having heard a reserved sin from which he cannot absolve, must, when the case is not urgent, immediately remit the penitent to the Superior, or to another endowed with the faculty. - Ordinarily speaking, it is not expedient that he offer himself to seek the license, lest namely the end of reservation be destroyed (cf. n. 1766). But if nevertheless charity suggests that he himself seek leave, let him hear the remaining sins, both so that he may prescribe fitting remedies, and so that he may see whether other reserved sins are present. - But when the faculty has been obtained, let him not use it unless he has first shown to the penitent the gravity of the crime committed, and has imposed upon him a salutary satisfaction (cf. n. 1289, Note).