Dist. 34, 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/34/q/bon-sent-IV-d34-divisio
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### COMMENTARY ON DISTINCTION XXXIV.
*On matrimony according to its material cause, which is the legitimacy or illegitimacy of persons.*

*Now it remains to consider which persons are legitimate, etc.*

### DIVISION OF THE TEXT.

Above the Master treated of matrimony as regards three kinds of causes. Here he treats as regards the fourth kind of cause, namely as regards the material cause, which indeed is the legitimacy or illegitimacy of persons. And this part is divided into two, because certain persons are simply illegitimate with respect to matrimony, and certain [others] with respect to perfect matrimony — as, for example, those women who have married before, and now the husband is dead, or the wife deceased. Therefore the Master first treats of impediments. Secondly, toward the end of this treatise he treats of second marriages, there: *It must be known that not only first or second marriages*, etc.

The first part has two [parts]. In the first he treats of impediments which do not altogether remove legitimacy. In the second, of those which altogether render [persons] illegitimate; and this I say according to the Master's division in the littera; and the second part begins [at] the thirty-seventh [distinction] before its beginning: *Now concerning others, which [render] persons utterly illegitimate*, etc., or there: *There are therefore certain orders.* The first part has two [parts] according to the two impediments of which he principally treats. For first he treats of the impotence of intercourse, which regards a defect of nature. Secondly, of the condition, which regards the status of human law, below in the thirty-sixth distinction: *Now let us consider the condition.* The first part has two [parts], because divorce follows upon an impediment. Therefore first he treats of the impediment of matrimony, though half-fully. Secondly, of divorce, below in the thirty-fifth distinction: *This too must be noted, that when the Lord*, etc.

The first part has two parts. In the first he determines impediments of this kind in general. In the second, in particular, there: *For concerning those who, by reason of frigidity*, etc. And that second part is subdivided into two, because an impediment can come either on the part of the commanded power, namely the generative, or of the commanding [power], namely of free will. Therefore first he sets down the impediments regarding the first power. Secondly, [those regarding] the second, there: *The insane also, while they are in madness*, etc. And each of these has two [parts] according to the subdivision of the impediment. For an impediment in the generative power is the impotence of intercourse: and this is twofold, namely natural and accidental. Likewise an impediment from free will is either on account of a defect of knowledge in the reason, or of uprightness in the will; and so there are two, namely madness and the enormity of crime or incest. The parts are marked in the littera according to the four chapters.

### TREATMENT OF THE QUESTIONS.

For the understanding of those things which are determined in the present distinction, according to the three [points] which are touched upon in it, three [questions] are principally asked.

First it is asked concerning the impediments of matrimony in general.

Secondly, in particular, concerning the impotence of intercourse.

Thirdly, concerning the defect which comes on the part of free will.

Concerning the first, two [questions] are asked.

First it is asked whether matrimony has an impediment.

Secondly, granted that it has several, it is asked concerning the number and sufficiency of the impediments.

### ARTICLE I.
*On the impediments of matrimony in general.*

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