Bigamy

[L. Lat. bigamia, from bis, twice, and Gr. y&fiog, marriage.] In criminal law. The crime of marrying a second time during the life of the first wife or husband; or of having more wives or husbands than one at the same time.

4 BU Com, 163. 4 Steph. Com. 300.

There are several excepted cases, however, in which a second marriage during the life of a former husband or wife, will not amount to bigamy.

See 4 Chitty's BL Com. 164, 165, note. 4 Steph. Com. 301, 302. Wharton's Am. Crim. Law. 652 — 566.

In canon law. The offence of marrying two wives successively, one after the death of the other; or once marrying a widow.

4 Bl. Com. 163, note (6). 3 Inst. 88.

See Bigamus. The use of the word bigamy in its present sense, m criminal law, although well settled, is, as Blackstone observes, an obvious corruption of the meaning, ^^y^wy being the proper name for the offence of having a plurality of wives [or husbands] at on«e.

4 Bl. Com. 163. 3 Inst. 88. Co. Lilt Hargr. d B. Note 48, Ub. 2. 2 Kenfs Com. 80, 81.

See Polygamy. Bigamy was a term invented by the canonists to describe the offence, peculiar to their law, of being tunce married. See Bigamus. Mr. Stephen, in his valuable Commentaries, questions the correctness of Blackstone's criticism, on the following ground;, that " whatever the number of marriages that may have taken place, the substance of the charge always is, that having a lawful wife still living, the offender married a second time, any intervening marriage being wholly immaterial, and out of the case, so far as the prosecution is concerned/' 4 Steph. Com. 300, note (n). Bui the learned commentator seems to have overlooked the point of Blackstone's objection, which is not that bigamy is incorrectly applied to cases where marriage has been contracted more than tvnce$ but is addressed to the essential and well understood meaning of the term, and mav be more specifically stated in the followmg form: that bigamy, a term always employed in the canon law to denote the offence of marrying a second wife (tfter the death of the first, or of marrying two or more wives successively, was not properly applied to an offence, the essence of which consists in marrying a second time during the life of the first wife or husband, or of having two or more wives or husbands at the same time. The criticism of Blackstone turns upon something more than a question of mere etymological propriety, (between bis, twice, and noX^, many times^ or more than tunce, in the composition of the respective terms,) and is fully borne out by the authority of Lord Coke, who expressly defines polygamy, in the very terms of the modern definition of bigamy^ lo be the having of several husbands or wives at the same time; {polygamia est plurium simul virorum uxorumve connubium;) and goes on to show the difference between bigamy and polygamy. in the Latin passage given under bigamus, supra, 3 InsL 88. The present improper use of the term higamy seems to have grovrn up since the time of Coke, who makes no mention of bigamy in his very full enumeration of offences recog^sed by the English criminal law. In Massachusetts, the term polygamy has been restored to its proper use and meaning, as contended for by Blackstone. Rev, Stat c.

130, § 2. BILAG^.

L. Lat. In old law. By laws. Spelma Uf voc. Bt Uctgines, See Bilctgines, Laga.