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Objection 1: It would seem that the causes of divorce had to be
written in the bill: because the husband was absolved from the
punishment of the law by the written bill of divorce. But this would
seem altogether unjust, unless sufficient causes were alleged for a
divorce. Therefore it was necessary for them to be written in the
bill.
Objection 2: Further, seemingly this document was of no use except
to show the causes for divorce. Therefore, if they were not written
down, the bill was delivered for no purpose.
Objection 3: Further, the Master says that it was so in the text
(Sent. iv, D, 33).
On the contrary, The causes for divorce were either sufficient or
not. If they were sufficient, the wife was debarred from a second
marriage, though this was allowed her by the Law. If they were
insufficient, the divorce was proved to be unjust, and therefore could
not be effected. Therefore the causes for divorce were by no means
particularized in the bill.
I answer that, The causes for divorce were not particularized in the
bill, but were indicated in a general way, so as to prove the justice
of the divorce. According to Josephus (Antiq. iv, 6) this was
in order that the woman, having the written bill of divorce, might
take another husband, else she would not have been believed.
Wherefore according to him it was written in this wise: "I promise
never to have thee with me again." But according to Augustine
(Contra Faust. xix, 26) the bill was put into writing in order
to cause a delay, and that the husband might be dissuaded by the
counsel of the notaries to refrain from his purpose of divorce.
This suffices for the Replies to the Objections.
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