From the Council of Toledo, A.D. 400

Canon I. It pleased the council that deacons, if they are either whole or chaste, and of a continent life, even if they have wives, be constituted in the ministry; yet in such a way that if any, even before the interdict which was established by the Lusitanian bishops, have lived incontinently with their wives, they are not to be increased with the honor of the presbyterate. But if any one from the presbyters received sons before the interdict, he is not to be permitted (another reading: admitted) from the presbyterate to the episcopate.

Some interpret the interdict of the Lusitanian Bishops as the precept of celibacy; but this precept had already long ago been enacted by the Fathers of Elvira, Canon XXXIII above. I would more gladly understand a certain penal law which established special penalties for criminals of this sort. But because the law already existed prohibiting these unions, hence the Fathers of Toledo subject also those who had been incontinent before that interdict to a penalty by which deacons and presbyters are prohibited from being promoted to a higher grade. You see here the matter dealt with more mildly: incontinent deacons and presbyters are not deposed; yet they are admonished of their duty by this penalty, so that the Church in her synods never ceased from inculcating the law of continence to those constituted in sacred order, yet not always in former times in the same mode or with the same severity. Cf. the things said at the canon cited from Elvira. But the Fathers of Toledo do not permit to these presbyters and deacons, compelled to remain in their own grade, the use of women, concerning which indeed they are silent, but it is not likely that they were ignorant of, or regarded as of no account, the decree of Siricius cited above.

Canon III. A believing reader, if he has received the widow of another as wife, let him be nothing further, but let him always be held as reader, or perhaps as subdeacon.

Canon IV. A subdeacon, after his wife has died, if he has married another, is to be removed from the office in which he had been ordained and held among the doorkeepers or among the readers, in such a way, however, that he not read the Gospel and the Apostle ... (the reading of these at that time belonged to readers). But he who has received a third, which must neither be said nor heard, being kept away for two years, afterwards among the laymen, reconciled by penance, let him communicate.

Canon VII. It pleased the council that if the wives of any clerics whatever have sinned, lest perhaps they have more license for sinning, their husbands receive this power, apart from killing (that is, with killing excepted), of guarding and binding them in their own house, compelling them to salutary fasts, not deadly ones ... But with those wives themselves who have sinned, let them not take food, unless perhaps, after penance has been done, they return to the fear of God.

Cf. Canon LXV of the Council of Elvira and Canon VIII of the Council of Neocaesarea.

Canon XVI. A devoted woman sinning is not to be received into the Church unless she has ceased to sin, and if, ceasing, she has done suitable penance, let her receive communion in ten years ... But she who has received a husband is not to be admitted to penance unless, while that very man is still living, she has begun to live chastely, or after he has died.

Cf. Decree IV of Siricius to Himerius, cf. Canon CIV of the Council of Carthage, A.D. 398, and Decree XII of Innocent I to Victricius. Here, however, the nullity of unions of this sort is declared sufficiently clearly.

Canon XVII. If someone having a faithful wife also has a concubine, let him not communicate. But he who does not have a wife and has a concubine in place of a wife is not to be repelled from communion, only that he be content with the union of one woman, either wife or concubine, as it shall please him. But living otherwise, let him be cast out until he ceases and returns through penance.

Concubine here is to be taken in the more honorable sense, namely a true wife, although held in a less worthy place. Cf. Canon XV of the Convention of Mainz in the year 851 below, and Thesis XV, IX.

Canon XVIII. If any widow of a bishop or presbyter or deacon has received a husband, let no cleric, no religious woman, take a meal with her; let her never communicate; let the sacrament come to her aid only when she is dying.

Here first appears the prohibition of marriage made for the surviving wife of a bishop, presbyter, or deacon, after their death, that is; the Church later signified more clearly that this marriage is null. Cf. Canons I and II of the Roman Council under Gregory II, A.D. 721.

Canon XIX. If the daughter of a bishop or presbyter or deacon has been devoted to God, and has sinned and married a husband, if her father or mother have received her into affection, let them be held alien from communion ... But the woman is not to be admitted to communion unless, when the husband has died, she has done penance. But if, while he is living, she has withdrawn and has done penance or has sought communion, failing at the last moment of life, let her receive communion.

Two things are prescribed: 1. A woman devoted to God contracting nuptials is not admitted to communion unless either, when the husband has died, she has done penance, or, while he is living, she has separated and again has done penance; cf. the preceding Canon XVI. 2. If this devoted woman is the daughter of a bishop or presbyter or deacon, and they receive her, married, into affection, they are excommunicated, as those who seem to approve so great a crime and to participate in her infamy.