ordering the separation of the married clergy of the higher grades from their wives, under pain of deprivation of office.[132] As before, the form of the canon shows it to be an innovation. That the rule was positively adopted and frequently submitted to is shown by St. Augustin, who, in his treatise against second marriages, states that, in arguing with those desirous of entering upon those unhallowed unions, he was accustomed to strengthen his logic by citing the continence of the clergy, who, however unwillingly they had in most cases been forced to undertake the burden, still, by the aid of God, were enabled to endure it to the end.[133] Yet it is evident that its enforcement was attended with many difficulties and much opposition, for, twenty years later, at another council of Carthage, we find Faustinus, the Papal Legate, proposing that the three higher orders shall be separated from their wives, to which the fathers of the council somewhat evasively replied that those who were concerned in the ministry of the altar should be chaste in all things. No attempt, however, was apparently made to strengthen the resolution by affixing a penalty for its infringement. It was a simple declaration of opinion, and nothing more.[134] Symptoms of similar difficulty in the rigid enforcement of the canon are observable elsewhere. The proceedings of the first council of Toledo, held in the year 400, shows not only that it was a recent innovation which continued to be disregarded, but that it had given rise to a crowd of novel questions which required imperatively to be settled, as to the status of the several grades of clerks who were guilty of various forms of disobedience[135]—the prototype and examplar of innumerable similar attempts at legislation which continued for more than a thousand years to occupy a good part of the attention of almost every council and synod. The prelates of Cis-Alpine Gaul, assembled in the council of Turin in 401, could only be brought to pronounce incapable of promotion those who contravened the injunction which separated them from their wives.[136] The practical working of this was to permit those to retain their wives who were satisfied with the grade to which they had attained. Thus the priest, who saw little prospect of elevation to the episcopate, might readily console himself with the society of his wife, while the powerful influence of the wives would be brought to bear against the promptings of ambition on the part of their husbands. The punishment thus was heaviest on the lower grades and lightest on the higher clergy, whose position should have rendered the sin more heinous—in fact, the bishop, to whom further promotion was impossible, escaped entirely from the penalty.