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Objection 1: It would seem that in such a suit one ought not to
proceed by hearing witnesses, in the same way as in other suits where
any witnesses may be called provided they be unexceptionable. But here
strangers are not admitted, although they be unexceptionable.
Therefore, etc.
Objection 2: Further, witnesses who are suspected of private hatred
or love are debarred from giving evidence. Now relatives are
especially open to suspicion of love for one party, and hatred for the
other. Therefore their evidence should not be taken.
Objection 3: Further, marriage is a more favorable suit than those
others in which purely corporeal questions are at stake. Now in these
the same person cannot be both accuser and witness. Neither therefore
can this be in a matrimonial suit; and so it would appear that it is
not right to proceed by hearing witnesses in a suit of this kind.
On the contrary, Witnesses are called in a suit in order to give the
judge evidence concerning matters of doubt. Now evidence should be
afforded the judge in this suit as in other suits, since he must not
pronounce a hasty judgment on what is not proven. Therefore here as in
other lawsuits witnesses should be called.
I answer that, In this kind of lawsuit as in others, truth must be
unveiled by witnesses: yet, as the lawyers say, there are many things
peculiar to this suit; namely that "the same person can be accuser and
witness; that evidence is not taken 'on oath of calumny,' since it
is a quasi-spiritual lawsuit; that relatives are allowed as
witnesses; that the juridical order is not perfectly observed, since
if the denunciation has been made, and the suit is uncontested, the
defendant may be excommunicated if contumacious; that hearsay evidence
is admitted; and that witnesses may be called after the publication of
the names of the witnesses." All this is in order to prevent the sin
that may occur in such a union (cap. Quoties aliqui; cap. Super
eo, De test. et attest.; cap. Literas, De juram. calumn.).
This suffices for the Replies to the Objections.
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