The Lantern

Questions 1-68 · Question 433

CCEL

Reply to Objection 5: Some do not admit this case. Yet they have against them the Decretal (cap. Praeterea, De spons. et matr.) which says expressly: "Just as those who enter into a contract of fellowship by pledging their faith to one another and afterwards give it back, so it may be patiently tolerated that those who are betrothed to one another should set one another free." Yet to this they say that the Church allows this lest worse happen rather than because it is according to strict law. But this does not seem to agree with the example quoted by the Decretal.

Accordingly we must reply that it is not always a proof of fickleness to rescind an agreement, since "our counsels are uncertain" ( Wis. 9:14 ).

Reply to Objection 6: Although when they become betrothed they have not yet given one another power over one another's body, yet if this [*Referring to the contention of the Objection] were to happen it would make them suspicious of one another's fidelity; and so one can ensure himself against the other by breaking off the engagement.

Reply to Objection 7: This argument would hold if each contract were of the same kind; whereas the second contract of marriage has greater force than the first, and consequently dissolves it.

Reply to Objection 8: Although it was not a true betrothal, there was a betrothal of a kind; and consequently, lest approval should seem to be given when they come to the lawful age, they should seek a dissolution of the betrothal by the judgment of the Church, for the sake of a good example.