The practice of the faithful was not indeed always in perfect accord with the doctrine of the Church. On account of defective morality, there are to be found regulations of particular synods which permitted unjustifiable concessions. However, the synods of all centuries, and more clearly still the decrees of the popes, have constantly declared that divorce which annulled the marriage and permitted remarriage was never allowed. The Synod of Elvira (A.D. 300) maintains without the least ambiguity the permanence of the marriage bond, even in the case of adultery. Canon ix decreed: “A faithful woman who has left an adulterous husband and is marrying another who is faithful, let her be prohibited from marrying; if she has married, let her not receive communion until the man she has left shall have departed this life, unless illness should make this an imperative necessity” (Labbe, “Concilia”, II, 7). The Synod of Arles (314) speaks indeed of counseling as far as possible, that the young men who had dismissed their wives for adultery should take no second wife" (ut, in quantum possil, consilium eis detur); but it declares at the same time the illicit character of such a second marriage, because it says of these husbands, “They are forbidden to marry” (prohibentur nubere, Labbe, II, 472). The same declaration is to be found in the Second Council of Mileve (416), canon xvii (Labbe, IV, 331); the Council of Hereford (673), canon x (Labbe, VII, 554); the Council of Friuli (Forum Julii), in northern Italy (791), canon x (Labbe, IX, 46); all of these teach distinctly that the marriage bond remains even in case of dismissal for adultery, and that new marriage is therefore forbidden.
The following decisions of the popes on this subject deserve special mention: Innocent I, “Epist. ad Exsuper.”, c. vi, n. 12 (P.L., XX, 500): “Your diligence has asked concerning those, also, who, by means of a deed of separation, have contracted another marriage. It is manifest that they are adulterers on both sides.” Compare also with “Epist. ad Vict. Rothom.”, xiii, 15, (P.L., XX, 479): “In respect to all cases the rule is kept that whoever marries another man, while her husband is still alive, must be held to be an adulteress, and must be granted no leave to do penance unless one of the men shall have died.” The impossibility of absolute divorce during the entire life of married people could not be expressed more forcibly than by declaring that the permission to perform public penance must be refused to women who remarried, as to a public sinner, because this penance presupposed the cessation of sin, and to remain in a second marriage was to continue in sin.