Legal Definitions - de bigamis

de bigamis

De bigamis refers to a specific historical English statute, enacted during the reign of King Edward I (specifically, 4 Edward I, Statute 3). This statute addressed the legal implications for individuals who had entered into a second marriage while their first spouse was still alive, a practice known as bigamy.

Historically, the statute was particularly significant in clarifying the disqualifications of clergy members who had committed bigamy, preventing them from claiming certain legal privileges or benefits within the ecclesiastical court system. It essentially codified the legal consequences for those deemed "twice married" in a society where marriage was a sacrament and bigamy was a serious offense.

Here are some examples illustrating the historical application of de bigamis:

• Imagine a medieval English priest, Father Thomas, who, despite his vows, secretly married a woman named Eleanor while his first wife, Agnes, was still alive and well. If Father Thomas were later accused of a crime, the de bigamis statute would have been invoked to argue that he had forfeited the right to be tried in a more lenient ecclesiastical court, instead facing judgment in a secular court due to his bigamous marriage.

• Consider a scenario where a man named Sir John, a knight in 13th-century England, married Lady Isabella after his first wife, Lady Catherine, was presumed dead during a long journey abroad. Years later, Lady Catherine unexpectedly returned. While Sir John was not a clergyman, the principles established by de bigamis contributed to the broader legal understanding that his second marriage was invalid and could lead to social and legal repercussions, even if the direct application of the statute was primarily for clergy.

• During a dispute over a deceased bishop's estate in the late 13th century, a claimant to his property might have been challenged on the grounds that they themselves had been "twice married." The de bigamis statute would have been a crucial legal reference to determine if their bigamous status disqualified them from inheriting or holding certain positions, reflecting the era's strong stance against such unions, especially for those connected to the church.