See also:

• BIGAMY (from Lat. bis, twice, and Gr. ya,uor, marriage)

BIGAMY (from See also:

• LAT

Lat. bis, twice, and Gr. ya,uor, See also:

• MARRIAGE

marriage)  , in See also:

• ENGLISH

English See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, according to the See also:

• STATUTE

statute now in force (24 and 25 Vict . C . 100, § 57), the offence committed by a See also:

• PERSON, OFFENCES AGAINST THE

person who " being married shall marry any other person during the See also:

• LIFE

life of the former See also:

• HUSBAND

husband or wife." In the See also:

• CANON

canon law the word had a rather wider meaning, and the See also:

• MARRIAGE

marriage of a clerk in See also:

• MINOR
• MINOR (Lat. for smaller, lesser)
• MINOR, ROBERT CRANNELL (1839-1904)

minor orders with a widow came within its See also:

• SCOPE (through Ital. scopo, aim, purpose, intent, from Gr. o'KOaos, mark to shoot at, aim, o ic07reiv, to see, whence the termination in telescope, microscope, &c.)

scope . At the See also:

• COUNCIL (Lat. concilium, from cum, together, and the root cal, to call)

council of See also:

• LYONS
• LYONS (Fr. Lyon)
• LYONS, COUNCILS OF
• LYONS, EDMUND LYONS, BARON (1790-1858)
• LYONS, RICHARD BICKERTON PEMELL LYONS, 1ST EARL (1817–1887)

Lyons (A.D . 1274) bigamists were stripped of their See also:

• PRIVILEGE

privilege of See also:

• CLERGY (M.E. clergie, O. Fr. clergie, from Low Lat. form clericia [Skean, by assimilation with O. Fr. clergie, Fr. clerge,from Low Lat. clericatus)
• CLERGY, BENEFIT OF

clergy . This canon was adopted and explained by an English statute of 1276; and See also:

• BIGAMY (from Lat. bis, twice, and Gr. ya,uor, marriage)

bigamy, therefore, became a usual counterplea to the claim of benefit of clergy . However, by an See also:

• ACT (Lat. actus, actum)

act of 1547 every person entitled to the benefit of clergy is to be allowed the same, " although he See also:

• BATH
• BATH, THOMAS THYNNE
• BATH, WILLIAM

bath been See also:

• DIVERS

divers times married to any single woman or single See also:

• WOMEN

women, or to any widow or widows, or to two wives or more." A bigamous marriage, by the ecclesiastical law of See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England, is simply void . By a statute of 1604 the offence was made a See also:

• FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fel

felony . This statute, after being repealed in 1828, was re-enacted and reproduced in the Offences against the Person Act 1861 . It is immaterial whether the second marriage has taken See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place within England and See also:

• IRELAND
• IRELAND, CHURCH
• IRELAND, CHURCH OF
• IRELAND, JOHN (1761-1842)
• IRELAND, JOHN (1838- )
• IRELAND, WILLIAM HENRY (1777-1835)

Ireland or elsewhere, and the offence may be dealt with in any See also:

• COUNTY (through Norm. Fr. comae, cf. O. Fr. cunte, conk', Mod. Fr. comae, from Lat. comitatus, cf. Ital. comitato, Prov. comtat; see COUNT)

county or place where the See also:

• DEFENDANT

defendant shall be apprehended or be in custody . The following clause embodies the necessary exceptions to the very See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general See also:

• LANGUAGE (adapted from the Fr. langage, from langue, tongue, Lat. lingua)

language used in the See also:

• DEFINITION (Lat. definitio, from de-finire, to set limits to, describe)

definition of the offence:—" Provided that nothing in this See also:

• SECTION
• SECTION (Lat. sectio, cutting, secare, to cut)

section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a See also:

• BRITISH

British subject, or to any person marrying a second See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time whose husband or wife shall have been continuously absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who at the time of such second marriage shall have been divorced from the See also:

• BOND
• BOND, SIR EDWARD AUGUSTUS (1815-1898)

bond of the first marriage, or to any person whose former marriage shall have been declared void by any See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court of competent See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

jurisdiction." The See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment is penal See also:

• SERVITUDE (Lat. servitus, from service, to serve)

servitude for not more than seven nor less than five years, or imprisonment with or without hard labour, not exceeding two years . A valid marriage must be proved in the first instance in See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order to support a See also:

• CHARGE
• CHARGE (through the Fr. from the Late Lat. carricare, to load in a carrus or wagon; cf. " cargo ")

charge of bigamy .

A voidable marriage, such as were marriages between persons within the prohibited degrees before the Marriage Act 1836, will be sufficient, but a marriage which is absolutely void as all such marriages now are, will not . For example, if a woman marry B during the lifetime of her husband A, and after A's See also:

• DEATH

death marry C during the lifetime of B, her marriage with C is not bigamous, because her marriage with B was a nullity . In regard to the second marriage (which constitutes the offence) the English courts have held that it is immaterial whether, but for the bigamy, it would have been a valid marriage or not . An See also:

• UNCLE

uncle, for example, cannot marry his niece; but if being already married he goes through the ceremony of marriage with her he is guilty of bigamy . In an Irish See also:

• CASE
• CASE, JOHN (d. 1600)

case, however, it has been held that to constitute the offence the second marriage must be one which, but for the existence of the former marriage, would have been valid . With reference to the case in which the parties to the first marriage have been divorced, it may be observed that no See also:

• SENTENCE (Lat. sententia, a way of thinking, opinion, judgment; vote, sentire, to feel, think)

sentence or act of any See also:

• FOREIGN

foreign See also:

• COUNTRY (from the Mid. Eng. contre or contrie, and O. Fr. cuntree; Late Lat. contrata, showing the derivation from contra, opposite, over against, thus the tract of land which fronts the sight, cf. Ger. Gegend, neighbourhood)

country dissolving a vinculo a marriage contracted in England by persons continuing to be domiciled in England, for grounds on which it is not liable to be dissolved a vinculo in England will be recognized as a See also:

• DIVORCE

divorce (R. v . Lolley 1812, R . & R . 237) . Hence, a divorce a vincula for See also:

• ADULTERY (from Lat. adulterium)

adultery, in a Scottish court, of persons married in England, is not within the statute . But if a person charged with bigamy in England can prove that he has been legally divorced by the law of the country where the divorced parties were domiciled at the time (even though the ground on which the divorce was granted was not one that would justify a divorce in England) it will be See also:

• GOOD, JOHN MASON (1764-1827)

good See also:

• DEFENCE
• DEFENCE (Lat. defendere, to defend)

defence to the charge . Criminal jurisdiction is always regarded as purely territorial, but bigamy (together with See also:

• HOMICIDE (Lat. homicidium)

homicide and See also:

• TREASON (Fr. trahison, Lat. traditio)

treason) is an exception to this See also:

• RULE

rule .

A British subject committing bigamy in any country may be tried for the same in the See also:

• UNITED

United See also:

• KINGDOM

Kingdom (See also:

• EARL

Earl See also:

• RUSSELL (FAMILY)
• RUSSELL, ISRAEL COOK (1852- )
• RUSSELL, JOHN (1745-1806)
• RUSSELL, JOHN (d. 1494)
• RUSSELL, JOHN RUSSELL, 1ST EARL (1792-1878)
• RUSSELL, JOHN SCOTT (1808–1882)
• RUSSELL, LORD WILLIAM (1639–1683)
• RUSSELL, SIR WILLIAM HOWARD
• RUSSELL, THOMAS (1762-1788)
• RUSSELL, WILLIAM CLARK (1844– )

Russell's case, Igor) . In See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland, at the date of the only statute respecting bigamy, that of 1551, cap . 19, the offence seems to have been chiefly considered in a religious point of view, as a sort of See also:

• PERJURY (through the Anglo-Fr. perjurie, modern parjure, Lat. perjurium, a false oath, perjurare, to swear falsely)

perjury, or violation of the See also:

• SOLEMN (Lat. sollemnis, sollemnis, less correctly solennis, yearly, annual; from sollus = totus, whole, entire, Gr. Mos., and annus, year)

solemn See also:

• VOW (Lat. votum, vow, promise: cf. VOTE)

vow or See also:

• OATH (0. Eng. ddh)

oath which was then used in contracting marriage; and, accordingly, it was ordained to be punished with the proper pains of perjury . Bigamy was punished in England until the reign of See also:

• WILLIAM
• WILLIAM (1143-1214)
• WILLIAM (1227-1256)
• WILLIAM (1J33-1584)
• WILLIAM (A.S. Wilhelm, O. Norse Vilhidlmr; O. H. Ger. Willahelm, Willahalm, M. H. Ger. Willehelm, Willehalm, Mod.Ger. Wilhelm; Du. Willem; O. Fr. Villalme, Mod. Fr. Guillaume; from " will," Goth. vilja, and " helm," Goth. hilms, Old Norse hidlmr, meaning
• WILLIAM (c. 1130-C. 1190)
• WILLIAM, 13TH

William III. by death, then the See also:

• PENALTY (Lat. poena, punishment)

penalty changed to life imprisonment and See also:

• BRANDING (from Teutonic brinnan, to burn)

branding of the right See also:

• HAND
• HAND (a word common to Teutonic languages; cf. Ger. Hand, Goth. handus)
• HAND, FERDINAND GOTTHELF (1786-185r)

hand . An act of See also:

• GEORGE
• GEORGE, 8TH MARQUESS OF TWEEDDALE (1787-1876)
• GEORGE, HENRY (1839—1897)
• GEORGE, LAKE
• GEORGE, SAINT (d. 303)

George I. still in force lessened the penalty to See also:

• DEPORTATION

deportation for seven years or imprisonment for two years with or without hard labour . The Offences against the Person Act 1861 changed deportation to penal servitude . In the United States the law in regard to bigamy is practically founded on the English statute of 1604, with the exception that imprisonment and a See also:

• FINE

fine, varying in the different states, were substituted instead of making the offence a felony . See also:

• CONGRESS (Lat. congressus, coming together, from congredi; cum, with, and gradus, step)

Congress has passed a statute declaring bigamy within the territories and places within the exclusive jurisdiction of the United 922 States to be a See also:

• MISDEMEANOUR (from O. Fr. mes- and demener, to conduct oneself ill)

misdemeanour (U.S . Rev . Stat . § 5352) . By statute in some states, upon See also:

• ABSENCE (Lat. absentia)

absence of one See also:

• SPOUSE, (O. Fr. espous, mod. epoux, espouse, epouse, Lat. sponsus, sponsa, a betrothed or promised man or woman, from spondere, to promise)

spouse from the See also:

• STATE
• STATE, GREAT OFFICERS OF

state for five years without being heard of, the other may marry again without committing bigamy, in other states the See also:

• PERIOD
• PERIOD (Gr. irepioSos, a going or way round, circuit, aepi, round, and &Sis, way, road)

period is seven years .

In most of the states, prosecutions for bigamy are barred after the See also:

• LAPSE (Lat. lapses, a slip or departure)

lapse of a certain number of years . The marriage wherever solemnized must be a valid marriage according to the law of the place of solemnization; if void there, no See also:

• PROSECUTION

prosecution for bigamy can he founded upon it . In some jurisdictions, an honest belief that a See also:

• PRIOR (from Lat. prior—former, and hence superior, through O. Fr. priour)
• PRIOR, MATTHEW (1664-1721)

prior divorce of one of the parties was valid would be a defence to a prosecution for bigamy, in others the contrary is held . On the See also:

• CONTINENT (from Lat. continere, "to hold together "; hence " connected," " continuous ")

continent of See also:

• EUROPE

Europe, bigamy is punishable in most countries with varying terms of imprisonment, with or without hard labour, according to the circumstances of the case . See See also:

• STEPHEN
• STEPHEN (1097?-1154)
• STEPHEN (ISTVAN) BATHORY (1533-1586)
• STEPHEN, SIR JAMES (1789-1859)
• STEPHEN, SIR JAMES FITZJAMES, BART
• STEPHEN, SIR LESLIE (1832-1904)

Stephen, See also:

• HISTORY

History of Criminal Law; See also:

• DICEY, EDWARD (1832– )

Dicey, Conflict of See also:

• LAWS

Laws; See also:

• REPORT (O.Fr. report or raport, modern rapport, from O.Fr. reporter, mod. rap porter, Lat. reportare, to bring back, in poetical use only, of bringing back an account, news, &c.)

Report of the Royal See also:

• COMMISSION (from Lat. commissio, committere)

Commission on Marriage Laws (1868) .