Bigamus

Lat. [See Bigamia.] In old English law. One who has been twice married, or has married more than one wife; a bigamist. Applied originally, in the canon law, to clerks or ecclesiastical persons, who were forbidden to marry a second time. See Bigamy. Bigamus is he that either hath married two or more wives, or that hath married a widow.

2 Inst. 273.

Bigamus, seu trigamus, &c., est qui diversis temporibus, et successive, duos seu tres, &c., uxores habuit; polygamus qui duas vel plures simul duxit uxores; a bigamist, or trigamist, &c., is he who, at different times and successively, has had two or three, &c., wives; a polygamist is he who has had two or more wives at the same time.

3 Inst. 88. The statute 4 Edw. I. st. 3, c.

5, ordained, in affirmance of the canon law, that if any person married a widow, or married a second time after the death of the first wife, he should be deprived of the benefit of clergy, if he was convicted of any clergyable felony whatever. From this provision it received the name of the statute De Bigamis.

2 Reeves' Hist. Eng. Law, 142.

Under this statute, where a prisoner demanded the benefit of the clergy, to wit, his book, bigamy might be, and frequently was objected as a counter-plea, and was in this form; — "that he who demands the privilege of the clergy, was married to such a woman, at such a place, within such a diocese, and that she was dead, and that he hath married another woman within the same diocese, or within some other diocese, and so is bigamus." Or, if he had been but once married, then to say, — "that she whom he hath married is, or was a widow, that is the relict of such a one, &c.;" which pleas were tried by the bishop of the diocese where the marriages were alleged; and if so certified by the bishop, the prisoner lost the benefit of the clergy. Termes de la ley, voc.

Bigamy. By statute 1 Edw. VI. c.

12, § 16, bigamy was declared to be no longer an impediment to the claim of clergy.

4 Bl. Com. 163, note (6).

See Bigamy, Benefit of Clergy.