Dist. 37, 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/37/q/bon-sent-IV-d37-divisio
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### COMMENTARY ON DISTINCTION XXXVII.

#### *On the impediments of ecclesiastical law, which are order and crime.*

*There are, therefore, certain orders, in which by no means* etc.

### DIVISION OF THE TEXT.

This is the part in which the Master principally determines concerning those things which impede matrimony absolutely (*simpliciter*). And this part has two [subdivisions], because such an impediment is twofold: one which absolutely impedes with everyone (*cum omni*); another which [impedes] with a certain [person] thus, with a certain [person] not: therefore according to this, this part has two [subdivisions]. In the first part he determines concerning those things which impede absolutely and with everyone. In the second, concerning those which [impede] with some thus, with some not, below in the thirty-ninth distinction: *After these things, concerning disparity of worship* etc.

The first part has two [subdivisions]. In the first part he treats of the impediment which impedes on account of ecclesiastical institution. In the second, of that which impedes on account of a proper obligation, below in the thirty-eighth distinction: *Now let us examine concerning the vow* etc.

And since ecclesiastical institution excludes some from matrimony on account of excellence of life, such as clerics; some on account of the enormity of guilt, such as wife-slayers (*uxoricidas*): therefore this part has two little parts (*particulas*). In the first he determines concerning the impediment of order. In the second concerning the impediment of crime, there: *To these must be added [something] concerning the slayers of their own spouses* etc. Each part remains undivided on account of brevity.

### TREATMENT OF THE QUESTIONS.

For the understanding of this brief distinction, according to the two [things] which are touched upon in it, two [matters] are here principally asked.

First it is asked concerning the impediment of order.

Second, concerning wife-murder (*uxoricidium*).

Concerning the first, three [things] are asked. The first is, whether minor orders impede matrimony. Second, whether sacred orders [do]. Third it is asked, as regards the ecclesiastical statute, through which sacred orders impede matrimony.

### ARTICLE I.

#### *On the impediment of order.*

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