From the Responses of Theophilus, Bishop of Alexandria, A.D. 385-412

From his commonitory to Ammon (in Balsamon).

Canon IV. Concerning Panuphlus, who has been constituted deacon in Lycus, it is necessary to inquire: and if indeed he has been found, when he was a catechumen, to have taken the daughter of his brother as wife, after baptism having been promoted into the clergy, let him remain in the clergy, if she has died and after baptism he has not had intercourse with her. But if, when he was a believer, he married that same daughter of his brother as wife, let him be alien from the clergy.

Laws invalidating nuptials for Christians do not oblige those who are not baptized.

From the rescript of the same to Agatho the Bishop (ibid.).

Maximus asserted that, ignorant of the laws of the Church, he had been joined in illicit marriage, and because he bears with difficulty that he has acted beyond order, he promised that, since he had sinned against the law unknowingly, he would abstain from the illicit society of life by consent, she also approving this. If, therefore, you find that they do this by consent and do not deceive, because the time is ten years, if you consider that they ought to live with catechumens, now dispose them thus, οὕτω διοίκησον, so establish concerning them ...

Balsamon says that the ten-year time is the time during which both lived in marriage, whence the suspicion to Theophilus whether they had truly been joined for so long in good faith, or rather were deceiving by affirming it. Now Theophilus permits the penance to be imposed to the judgment of the Bishop; but he does not permit them to remain in marriage.