| Bigamy. | |
|---|---|
| Bigamy, what it is. | BIGAMY, bigamia, signifies a double marriage, and is used in common law for an impediment to be a clerk, by reason that he has been twice married. But this law is abolished by stat. 1 Ed. 6. c. 12. See also 18 Eliz. c. 12. That which is called the statute de bigamis, is the 4 Ed. 1. c. 5. and the stat. 1 Jac. 1. calls it bigamy where a person marries a second wife, the first being living, which is felony: but this is properly polygamy, and not bigamy; which last is not where a person has two wives together, but where he has two wives one after another. 2 Inst. 273. |
| Polygamy. | Bigamy is where a man or woman has two wives or husbands successively; polygamy signifies more properly the having two or more wives or husbands at the same time. Matrimonial causes are properly cognizable in the Spiritual Courts, and offences against the rights of marraiges punishable by the exxlesiastical law; but the offence of marrying a second wife, the first being alive, is made felony by statute, yet the offender is not ousted of his clergy. |
| Marrying, during the life of the first husband or wife, felony. | By the 1 Jac. c. 11. it is enacted, that any person or persons, within his majety's dominions of England and Wales, being married, shall marry any person or persons, the former husband or wife being alive, that then every person or persons so offending shall suffer death as in cases of felony, and shall be tried in the county where such person or persons shall be apprehended, as if the offence had been committed in such county. |
| Except one party remains seven years beyond sea, or is absent for that time. | Provided that nothing in this statute contained shall extend to any person whose husband or wife shall be continually remaining beyond the seas, for seven years together, or whose husband or wife sh absent him or herself the one from the other for the space of seven years together, in any part within his majesty's dominions, the one of them not knowing the other to be living within that time: provided also that the said statute shall not extend to any person or persons who shall be, at the time of the said marriage, divorced by any sentence in the Ecclesiastical Court, nor to any person or persons by reason of any forment marriage had or made within the age of consent. Provided also, that no attainder for this offence shall make or work any corruption of blood, loss of dower, or disinherition of heirs. |
| Actual proof | There must be actual proof of the subsequent marriage, the first husband or wife being living; for, in this case, the circumstances of cohabitation and reputation are not sufficient. Burr. Mansf. 2057. |
| First wife cannot be a witness. | The first and true wife is not permitted to be a witness against the husband; but it seems clear that the second wife must be admitted to prove the second marriage, being not so much as his wife de facto. 1 H. H. 693. |
| Marrying a second and a third wife. | If a man marries a second wife, the former being living; and, the first wife dying, he marries a third whilst the second wife is living; such marrying of the third is not felony, because the marriage of such second wife was void; but it would have been otherwise if he had married the third, the first and true wife being living. 1 H. H. 693. It is agreed, that if the first marriage was beyond the sea, and the latter in England, the party may be indicted here, because the latter marriage makes the offence; but, if the first marriage was in England, and the latter beyond the sea, it seems that the offender cannot be indicted here, because the offence was not within the kingdom. Kel. 79, 80. Beyond the seas for seven years together.] In this case notice that the party is living is not material, in respect to the commorancy beyond sea. 3 Inst. 88. For seven years together in any part within his majesty's dominions, the one of them not knowing the other to be living within that time] In this case notice is material, and makes the offence. 3 Inst. 88. At the time of the marriage divorced.] Divorce à mensa & thora causa [illegible] and soevitia, are within the exception in the statute, thought the word separamus and not [illegible] be made use of in the sentence; for the statute being penal, shall be construed favourable; and such separations are taken for divorces in common understanding. 1 H. H. 111. Cro. Car. 461. Made within age of consent.] If only one of the parties was under the age of consent at the time of such marriage, the exception extends as well to the party above the age of consent as to the other; because the power of disagreeing was equal on both sides. |
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