document — Palmieri, On Christian Marriage
From the Council of Neocaesarea, in Cappadocia, 314-324
Canon I. If a presbyter has married a wife, let him be deposed from order. But if he has fornicated or has perpetrated adultery, he ought to be expelled more fully and reduced to penance.
It was never lawful, after sacred orders had been received, to enter marriage.
You see here penance prescribed even for presbyters, but for deposed ones.
Canon II. If a woman has married two brothers, let her be cast out until death. Nevertheless at the end, because of mercy, if she has promised that, when made whole, she will dissolve the bonds of this union, let her obtain the fruit of penance.
Cf. Canon LXI of Elvira. For just as there a man is prohibited from receiving successively two sisters, so here a woman is prohibited from having two brothers by the same agreement. Besides, this marriage is declared void, without whose dissolution pardon is not granted. Cf. Canon XXIII of Basil following. But by imperial law these nuptials were first forbidden only in the year 355 by Constantine and Constans, Augusti (Cod. Theod., book III, title 12, law 2): "Although the ancients believed it lawful, when the nuptials of a brother had been dissolved, to marry the wife of the brother, and lawful also, after the death of a woman or divorce, to contract marriage with the sister of the same woman, let all abstain from nuptials of this sort and not judge that legitimate children can be procreated from this union; for it is fitting that those who shall be born be bastards." Thus again Honorius and Theodosius in the year 415 (ibid., law 4).
Canon III. Concerning those who have fallen into several nuptials successively, the prefixed time for doing penance is indeed manifest; but their conduct and faith abbreviates the time.
The speech is about polygamists who marry after second nuptials. Cf. Canon IV of Basil below.
Canon VII. It is not fitting for presbyters to dine at the nuptials of a bigamist, because, since a bigamist needs penance, who will be the presbyter who, because of a banquet, can offer consent to such nuptials?
That is, this is prohibited by the same reason by which penance was imposed.
Canon VIII. If the wife of a certain layman constituted as such has committed adultery, and is evidently accused, such a man will not be able to come to the ministry of the clergy. But if she has committed adultery after ordination, it is fitting to dismiss her; but if he has lived with her, he will not be able to obtain the ministry committed to him.
The dismissal about which the Fathers speak here is other than that which Leo does not permit in the letter cited below to Rusticus of Narbonne, chapter III. For the Fathers of Neocaesarea speak of separation without dissolution of the bond, as does Canon LXV of Elvira cited above.