Legal Definitions - bigamus

Bigamus

Historically, the term bigamus referred to an individual in two distinct contexts, primarily under ecclesiastical (church) law.

• One who commits bigamy: In its more straightforward sense, a bigamus was someone who committed bigamy. This means they entered into a marriage while still legally married to another person, without having obtained a divorce or annulment from the first marriage.

  • Example: John, already married to Sarah, secretly traveled to another state and married Emily without divorcing Sarah. In this situation, John would be considered a bigamus because he entered into a second marriage while his first marriage was still legally valid.

    Explanation: This example illustrates the understanding of a bigamus as someone who is legally married to multiple people simultaneously, which aligns with the modern definition of bigamy.

• A man who marries a widow or who remarries: Under historical ecclesiastical law, the definition of bigamus was broader and carried significant implications. It applied to a man who married a widow, or a man who remarried after the death of his first spouse. This was considered problematic by the Church, which upheld the ideal of a single, lifelong marriage, especially for those seeking roles within the clergy or certain legal protections.

  • Example 1: In 14th-century England, Sir Alistair, a respected landowner whose first wife had died, later married Lady Beatrice, who was herself a widow. According to the ecclesiastical laws of the time, Sir Alistair would have been classified as a bigamus due to his marriage to a widow.

    Explanation: This demonstrates the historical ecclesiastical meaning where marrying a widow, even if both parties were legally free to marry, was considered a form of "bigamy" in the eyes of the Church, potentially affecting Sir Alistair's eligibility for certain church-related privileges.

  • Example 2: Thomas, a promising young scholar in a medieval monastery, was widowed early in his life. He later chose to remarry a woman from his village. When he subsequently sought to advance within the church hierarchy, his remarriage would have caused him to be labeled a bigamus, likely preventing him from becoming a priest or holding other significant clerical offices.

    Explanation: This example highlights how, under historical church law, simply remarrying after the death of a spouse, even if not committing modern bigamy, could lead to the designation of bigamus and significant limitations on one's life choices, particularly concerning religious vocations.