From the Assembly of Mainz, Of Several Bishops, Rabanus Presiding, Under Louis, King of Germany, A.D. 851

Capitulum XII. If anyone has had a concubine who was not legitimately betrothed, and afterward has led a girl duly betrothed, after the concubine has been cast aside, let him have her whom he legitimately betrothed. Concerning this Pope Leo defined thus in his decrees, saying: "There is no doubt that that woman does not pertain to matrimony," etc.

Cf. his Decree IV to Rusticus, above.

Capitulum XV. Concerning him who has a wife: if he has had a concubine, let him not communicate. But as to him who does not have a wife and has a concubine in place of a wife, let him not be driven from communion; only let him be content with the conjunction of one woman, either wife or concubine, as it shall have pleased him. But if he lives otherwise, let him be cast out until he ceases or returns to penance.

It is Canon XVII of the Council of Toledo, A.D. 400 (see above), to be understood in the same manner in which we have interpreted it. Indeed, from the repetition of this canon made in the ninth century, the interpretation handed down of the Spanish canon is confirmed. But it is clear that in this century in Germany, as formerly in Spain, women joined by legitimate marriage were distinguished into wives and concubines.

Capitulum XX. Whoever discerns from a presbyter who had a wife that, when he is ministering, one ought not to receive from the oblation, let him be anathema.

Cf. Canon IV of the Council of Gangra, above, and what we noted there.