Dist. 28, Divisio Textus
by St. Bonaventure
Source text: Public Domain Mark 1.0. English translation/apparatus/encoding: CC BY-NC 4.0, Wroot Press.
https://bonaventure.wrootpress.com/browse/4/d/28/q/bon-sent-IV-d28-divisio
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#### Division of the text.

Above, the Master showed that consent is the cause of matrimony. Here he excludes the differences of those consents which do not bring about matrimony; and such is defective consent. Since, however, consent can be defective in two ways — namely, either from something exterior, or from something interior, as for instance through error, or through coercion — this part therefore has two [sections]. In the first he treats of consent defective from without. In the second, from within, below in the twenty-ninth distinction: *But it is fitting that conjugal consent be free from coercion.*

The first part has three [sections] according to the threefold consent, or according as consent can be considered in three ways: namely, as to the time, whether that in which or for which it is given; as to the outside *testimony*, before whom it is given; and as to the *term*, to which it is directed; thus this part has three sections. In the first the Master inquires concerning consent of the future confirmed by oath, whether it makes matrimony. In the second, concerning consent with testimony, there: *But the foregoing opinion seems to run counter,* etc. In the third he asks to what thing it is necessary to consent in order that matrimony be contracted; whether to carnal copulation or not; and this there: *Here it is asked, when the consent is of the present.*

Each of these parts, moreover, has two [sections]. In the first he raises objections; in the second he resolves them. The parts, moreover, are evident in the text.

#### Treatment of the questions.

For the understanding of the present distinction, six things are asked.

First it is asked, whether consent of the future makes matrimony.

Second, whether consent for a time [does].

Third, whether conditional consent [does].

Fourth, whether tacit consent [does].

Fifth, whether hidden consent [does].

Sixth, whether consent alone directed to carnal copulation [does].

#### The sole article.

*On the several modes of consent.*

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