Dist. 35
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/35/q/bon-sent-IV-d35-littera
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### Chapter I. *On the right of the man and the woman.*

This too must be noted, that although the Lord grants to the man that a wife be dismissed for the cause of fornication, the same license is not taken away from women. Hence Jerome: «The Lord commanded that a wife not be dismissed, except for the cause of fornication, and that, if she has been dismissed, she remain unmarried. Whatever is prescribed to men, this consequently redounds to women. For neither is an adulterous wife to be dismissed, nor an adulterous husband to be kept». Likewise: «Among us, what is not permitted to women is equally not permitted to men, and the same servitude is reckoned by an equal condition». — From these things it is shown that a woman can bring her husband to court over fornication, just as a man his wife. Hence Pope Innocent: «The Christian religion condemns adultery in each sex by an equal reasoning; but women do not easily accuse their husbands of adultery, whereas men have been accustomed more freely to bring their adulterous wives before the priests. And therefore, when their crime has been disclosed, communion is denied to women; but when men's offense lies hidden, scarcely anyone is barred on suspicions—one who would be removed if his disgrace were exposed».

### Chapter II. *That a man cannot dismiss an adulteress unless he himself be free of fornication, and conversely.*

But if it is asked whether an adulterer can dismiss an adulteress for the cause of fornication, we say that an adulterous wife cannot be dismissed by her husband unless he himself also be free of fornication, and conversely. Hence Augustine: «Nothing is more iniquitous than to dismiss a wife for the cause of fornication if he himself is convicted of fornicating. For that saying meets him: *In that wherein you judge another, you condemn yourself.* Wherefore whoever wishes to cast off his wife for the cause of fornication ought first to be purged of fornication; and I would say the same likewise of the woman». The same: «Husbands are indignant if they hear that adulterous men pay penalties like those of adulterous women; whereas they ought to be punished so much the more gravely, the more it pertains to them both to conquer by virtue and to govern women by example». — From these things it appears that an adulterer cannot dismiss an adulteress, and conversely.

### Chapter III. *On the reconciliation of those who are separated on account of fornication.*

But if anyone free of fornication has dismissed an adulteress, he cannot be joined to another, but must remain continent, or return to the one dismissed; and so too concerning the woman. Hence the Apostle: *To those who are joined in matrimony, I command—not I, but the Lord—that a wife not depart from her husband; but if she has departed, that she remain unmarried, or be reconciled to her husband;* and concerning the husband he adds: *And let not a husband dismiss his wife.* But Ambrose says: «For this reason he does not add concerning the husband as he does concerning the wife, because it is permitted to a husband to marry another». But this is believed to have been inserted into Ambrose's book by forgers; for that what he set forth about the wife must be supplied about the husband, Augustine says plainly thus: «Why does he not add concerning the woman what he set forth concerning the man, except that he wishes a like form to be understood, so that, if he has dismissed her—which for the cause of fornication is permitted—he remain without a wife, or be reconciled to his wife». The same: «If it is granted neither to her to marry, while the husband from whom she departed is living, nor to him to marry another, while the wife whom he dismissed is living; much less is it lawful to commit illicit debaucheries with any persons whatever». The same: «That a wife not be dismissed lightly, the Lord excepted the cause of fornication alone; but all other troubles, if any should arise, He commands to be borne bravely for the sake of conjugal faith and of chastity; and He called him an adulterer who married a woman released from her husband». — From these things it is shown that if separation occurs for the cause of fornication, neither the man nor the woman can pass over into another union; but they can be reconciled and dwell together, as before, if the one who dismissed should be willing to recall the other. Yet John Chrysostom says: «Just as he is cruel and iniquitous who dismisses a chaste woman, so he is foolish and iniquitous who retains a harlot. For he is a patron of foulness who conceals his wife's crime». Likewise Jerome: «When a woman has divided one flesh into another and has separated herself from her husband by fornication, she ought not to be kept, lest she make her husband too fall under a curse, since Scripture says: *He who keeps an adulteress is foolish and senseless*». The same, writing to the presbyter Amandus concerning a certain woman who, while her husband was living, had married another, says thus: «I speak a new thing, nay not new but old, which is confirmed by the authority of the Old Testament: if a woman has left her second husband and wishes to be reconciled to the first, she cannot». But all these things are to be understood of her who was unwilling to withdraw from adultery nor to blot out her sin by penance; and if the husband knowingly permits this, he seems to consent. «For if she has chosen to persevere in adultery, the husband will be held guilty of foulness and pandering, unless he shall have willed to make her a defendant of the adultery». But if she has withdrawn from sin and purged it by penance, she will be able to be reconciled to her husband. Hence Augustine: «What seems hard to you—that after adultery a spouse be reconciled—if faith be present, will not be hard. For why do we still reckon as adulterers those whom we believe to have been healed by penance»? The same: «There will be neither disgrace nor difficulty, even after adulteries committed and purged, in the reconciliation of the marriage, where through the keys of the kingdom of heaven remission of sins is not doubted to take place; not that after the husband's divorce the adulteress be recalled, but that after fellowship with Christ she be not called an adulteress». Likewise Gregory: «He ought to receive back the sinful woman who has done penance, but not often». Likewise Hermas: «If a husband shall know that his wife has transgressed, and the woman does not do penance but remains in her fornication, and the husband lives with her; he too will be guilty and a partaker of her sin. But if the dismissed wife has done penance and wishes to return to her husband; he ought to receive back the sinful woman who has done penance, but not often».

### Chapter IV. *On those who before their union defiled themselves through adultery.*

It is also wont to be asked whether she who was previously defiled through adultery may be taken in marriage. On this Pope Leo says: «Let no one take in marriage her whom he previously defiled by adultery». Likewise: «It has been reported to the ears of the holy priests that a certain man violated another's wife by debauchery and moreover gave to the adulteress an oath that, after the death of her lawful husband, if he survived, he would take her as wife; and this indeed was done. Such a marriage therefore we forbid and anathematize». By these and other authorities those are prohibited from being joined in marriage who have previously stained themselves with adultery. But on the contrary Augustine testifies, saying: «Finally, when he is dead with whom there was a true marriage, a marriage can take place with her with whom adultery preceded». The same: «That lawful nuptials can indeed take place from persons illicitly joined, an honorable agreement following after, is manifest». But this last authority speaks of concubines, declaring that concubines can pass over to the honorable agreement of nuptials, if they are willing to preserve chastity and faith. But the first authority of Augustine treats of those who repented of the sin and contrived nothing toward the death of the husband, nor, while the husband was living, did the adulterer give faith to the adulteress that he would take her in marriage if he survived. But those who do these things are, by the other authorities set forth above, prohibited from being joined.

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