Dist. 36
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/36/q/bon-sent-IV-d36-littera
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### DISTINCTION XXXVI.

### Chap. I. *On slaves.*

Now let us consider concerning [servile] *condition*, whether it can dissolve a marriage. — «To which we say that it is not denied that a freeborn woman can marry a slave; but if it is not known that he is of servile condition, she can freely be released, once his servitude has been detected», according to this: «If any freeborn man takes another's female slave as his wife and reckons that she is freeborn; if the woman afterwards is discovered in servitude, if he can redeem her from servitude, let him do so; if he cannot, if he wishes, let him take another. But if he had known her to be a female slave and had approved of her, let him keep her afterward as a lawful [wife]». Likewise from the same: «If a freeborn woman takes a slave, knowing that he was a slave; let her keep him, because we all have one Father in heaven, [and] there shall be one law for man and woman». «When it is said: *knowing* him [to be] a slave, it is given to understand that if she *did not know* him to be a slave; she is not compelled to remain with him. For if she suffers the deceit of [his] condition, she is not compelled to cling to him by whose fraud she was deceived. But if the man knew the condition of the woman, or conversely; he is not permitted to dismiss her». Whence Pope Zacharias: «If any free man takes a female slave in marriage; he does not have license to dismiss her, if they have been joined by the consent of both, except on account of fornication»; he treats of those of whom the condition of one or the other is known when they are joined.

### Chap. II. *On the union of the male slave and female slave of different masters.*

«It is also asked, if the slave of one [master] takes the female slave of another, whether there is marriage between them». Concerning this it has been thus established: «It has been told us that certain persons, by a certain domineering presumption, dissolve the lawful marriages of slaves, not heeding that [word]: *What God has joined let man not separate.* Whence it has seemed [good] to us that the marriages of slaves should not be dissolved, even if they have different masters; but, remaining in one marriage, let them serve their [own] masters. And this is to be observed in those [cases] where the union was lawful and [made] *through the will of the masters*». — Note the end of this chapter, where it seems to be intimated that, *apart from the will of the masters*, marriage cannot be contracted between a male slave and a female slave, or, if it is contracted, it is not valid. — To some, nevertheless, it seems that marriage can be made between them, with the masters unaware.

### Chap. III. *On the man who makes himself a slave, in order to be divided from his wife.*

This too must be noted, that if a woman «takes a free man [as husband], and he, in order to furnish a cause of dissension, makes himself the slave of someone; neither can he dismiss [his] wife, nor can she, on account of the bond of marriage, be reduced into servitude». Whence that [decree]: «It has been brought before the holy Synod that a certain freeborn man took a freeborn wife and, after the procreation of children, on the occasion of divorce made himself the slave of a certain person. Whether he must necessarily keep the woman, and if he keeps her, whether she too must be subjected to servitude; has been asked. It has been judged that the wife ought by no means to be dismissed, yet that not on account of Christ's law is the woman to be reduced into servitude, since he did not make himself a slave with the consent of his spouse, whom she herself had taken as a free husband».

### Chap. IV. *On the age of those contracting [marriage].*

This too must be known, that «boys before fourteen years and girls before twelve according to the laws cannot enter marriage. But if before the aforesaid times they have entered union; they can be separated, although they were joined with the will and assent of [their] parents. But those who, joined in childhood, after the years of puberty are unwilling to leave one another, but [wish] to remain in the union; from this they now become spouses and thenceforth cannot be separated». Likewise: «Espousals cannot be contracted before the seventh year; for they are contracted by consent alone, which cannot intervene unless by either party there be understood what is being transacted between them». — These two [points] we have carried through, with the addition of certain others by which marriage can be dissolved, yet [by which] it is not always necessary that it be dissolved. Now concerning the others, which make persons wholly unfit [for marriage], something must be added, and first concerning [holy] *order*.

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