3. Some Doubts against the Aforesaid

34. But against the aforesaid are some doubts.

Because he who is coerced by fear does simply give consent in his mind to this woman (as was said before [n.12]); otherwise he would be lying in saying that he consents - but this is not true, because from the fact that he is virtuous he does, in order to avoid mortal sin, give consent interiorly, in agreement with the words said exteriorly. Therefore he has an act of will of voluntarily transferring both his body and the right over his body, just as another does who is in no way coerced. Therefore when, by act of will he transfer dominion, he transfers the power of his body to her, and consequently, when the power over his body has, by act of his will, been thus transferred to one woman, power for another woman does not remain with him.

35. Again, if someone contract matrimony from fear of mortal sin, he would simply contract it, as being by divine precept or by precept of a man who was superior (if he could prescribe it); and yet fear of mortal sin is thus fear and does happen thus to a man of constancy, just as does fear of any pain, indeed much more so. Or like this in logical form: if coercion from fear command matrimony, then a greater fear would command more; but he who makes a contract from fear of mortal sin contracts it on account of a greater fear, because from fear of a greater evil than if he were to make a contract because of any fear of pain; therefore such a one would make a contract - which is false.

36. Again, one can and should fear evil not for oneself but also for one’s neighbor;     therefore if evil either of sin or pain threatens this woman (evil of sin, as when she says, asserting firmly, that she would at once prostitute herself unless she be conducted into matrimony; evil of pain, as if she for certain say that she will kill herself, or another says he will kill her, unless she be conducted into matrimony), then the man, so as to avoid all these evils, accepts her. It seems that this is a contract of matrimony, and yet here there is fear; therefore etc     .