From the Council of Toledo, A.D. 638

Canon VI. Whoever of men or women has once put on a spontaneously religious habit, or if a man has been given to the choir of the Church, or a woman has been bound to a monastery of girls, let the transgressor in either sex be compelled unwillingly to return to the purpose; so that the man be tonsured, and the girl be restored to the monastery. But if by any patronage the deserters have wished to remain, by priestly sentence let them be held so banished from the company of Christians that not even any speech be common with them. Widows also, just as the universal Synod long ago established (Toledo IV, A.D. 633), deserters of their profession or habit, are condemned by the preceding sentence.

Canon VIII. It is the opinion of the ancient and most holy father Pope Leo (cf. his Decree XIII from the epistle to Rusticus, above), that he who, placed in the age of adolescence, while he fears the chance of death, has come to the remedy of penance, if he was married and perhaps was incontinent (that is, not able to contain himself), lest afterward he incur the fall of adultery, should return to his former marriage, until by maturity of time he can obtain the state of continence. This we judge in equal manner concerning women as concerning men, not indeed as a general and lawful precept (in the manner of a commanding law), but it is clear that it has been granted by us on account of human frailty, under this consideration alone: that if he who is not given to the laws of penance (namely, the other spouse, who is not subject to penance) has departed from this life before their return by consent to continence (perhaps "cohabitation," or something similar; for the certain sense is: before they return again to marital copulation), it is not lawful for the survivor (who did penance) to pass again to wifely embraces. But if the life of the one who did not receive the blessing of a penitent has survived (that is, if that one of the two spouses survives who was not subjected to penance, the other penitent being dead, that survivor), let him marry if he cannot contain himself, and enjoy the consortship of another wife. This, in like manner concerning either sex, we have manifestly decreed.

These Fathers do indeed appeal to Leo's response; nevertheless, they restrict it too much. For to the penitent adolescent himself, after penance, they grant only a return to the wife whom he had previously accepted; but Leo simply grants nuptials to a penitent of this sort.

For he responded to the inquiry "concerning those who after penance take wives or join concubines to themselves." Rather they could have appealed to Canon XXI of the second Council of Arles, A.D. 451, above.