XXXIX. The woman who lives with an adulterer is an adulteress the whole time.
XL. The woman who yields to a man against her master's will commits fornication; but if afterwards she accepts free marriage, she marries. The former case is fornication; the latter marriage. The covenants of persons who are not independent have no validity.
XLI. The woman in widowhood, who is independent, may dwell with a husband without blame, if there is no one to prevent their cohabitation; for the Apostle says; "but if her husband be dead, she is at liberty to be married to whom she will; only in the Lord."
XLII. Marriages contracted without the permission of those in authority, are fornication. If neither father nor master be living the contracting parties are free from blame; just as if the authorities assent to the cohabitation, it assumes the fixity of marriage.
XLIII. He who smites his neighbour to death is a murderer, whether he struck first or in self defence.
XLIV. The deaconess who commits fornication with a heathen may be received into repentance and will be admitted to the oblation in the seventh year; of course if she be living in chastity. The heathen who, after he has believed, takes to idolatry, returns to his vomit. We do not, however, give up the body of the deaconess to the use of the flesh, as being consecrated.
XLV. If any one, after taking the name of Christianity, insults Christ, he gets no good from the name.
XLVI. The woman who unwillingly marries a man deserted at the time by his wife, and is afterwards repudiated, because of the return of the former to him, commits fornication, but involuntarily. She will, therefore, not be prohibited from marriage; but it is better if she remain as she is.
XLVII. Encratitae, Saccophori, and Apotactitae are not regarded in the same manner as Novatians, since in their case a canon has been pronounced, although different; while of the former nothing has been said. All these I re-baptize on the same principle. If among you their re-baptism is forbidden, for the sake of some arrangement, nevertheless let my principle prevail. Their heresy is, as it were, an offshoot of the Marcionites, abominating, as they do, marriage, refusing wine, and calling God's creature polluted. We do not therefore receive them into the Church, unless they be baptized into our baptism. Let them not say that they have been baptized into Father, Son and Holy Ghost, inasmuch as they make God the author of evil, after the example of Marcion and the rest of the heresies. Wherefore, if this be determined on, more bishops ought to meet together in one place and publish the canon in these terms, that action may be taken without peril, and authority given to answers to questions of this kind.
XLVIII. The woman who has been abandoned by her husband, ought, in my judgment, to remain as she is. The Lord said, "If any one leave his wife, saving for the cause of fornication, he causeth her to commit adultery;" thus, by calling her adulteress, He excludes her from intercourse with another man. For how can the man being guilty, as having caused adultery, and the woman, go without blame, when she is called adulteress by the Lord for having intercourse with another man?
XLIX. Suffering violation should not be a cause of condemnation. So the slave girl, if she has been forced by her own master, is free from blame.
L. There is no law as to trigamy: a third marriage is not contracted by law. We look upon such things as the defilements of the Church. But we do not subject them to public condemnation, as being better than unrestrained fornication.