Bigamy Act 1603 Explained

Type:Act
Parliament:Parliament of England
Long Title:An Act to restrain all Persons from Marriage until their former Wives and former Husbands be dead.
Year:1603
Citation:1 Jas. 1. c. 11
Territorial Extent:England and Wales
Royal Assent:7 July 1604
Repeal Date:1 July 1828
Repealing Legislation:Offences against the Person Act 1828 and Criminal Law (India) Act 1828
Status:repealed

The Act 1 Jas. 1. c. 11,[1] sometimes called the Bigamy Act 1603,[2] the Bigamy Act 1604,[3] the Statute of Bigamy 1603[4] or the Statute of Bigamy 1604,[5] [6] was an Act of the Parliament of the Kingdom of England. It created the offence of bigamy as a capital felony. Bigamy had not previously been a temporal offence (that is to say, within the jurisdiction of the common law courts as opposed to the ecclesiastical courts).[7]

Short Title:Bigamy Act 1795
Type:Act
Parliament:Parliament of Great Britain
Long Title:An act for rendering more effectual an act, passed in the first year of the reign of King James the First, intituled, "An act to restrain all persons from marriage until their former wives and former husbands be dead."
Year:1795
Citation:35 Geo. 3. c. 67
Territorial Extent:England and Wales
Royal Assent:19 May 1795
Repeal Date:1 July 1828
Repealing Legislation:Offences Against the Person Act 1828
Status:repealed
Original Text:https://books.google.com/books?id=OPkIekjA89oC&pg=PA262
Collapsed:yes

Further provision was made by the Bigamy Act 1795 (35 Geo. 3. c. 67).

Notes and References

  1. This Act has never had a short title and is cited by session and chapter.
  2. Helmholz, The Profession of Ecclesiastical Lawyers, 2019, p 167; Cornish, Banks, Mitchell, Mitchell and Probert, Law and Society in England 1750-1950, 2nd Ed, p xl; (1971) 16 Journal of the Law Society of Scotland 97; Cox, "Bigamy", Turner, A Companion to the History of Crime and Criminal Justice, 2017, p 11; Kha, A History of Divorce Law, 2020, p 82; Petterchak, "Polygamy, American Style", Sadique and Stanislas (eds), Religion, Faith and Crime, Palgrave Macmillan, 2016, p 284.
  3. (1969) 21 Federal Practice and Procedure 61
  4. F H Newark, "The Operation of Nullity Decrees" (1945) 8 Modern Law Review 203 at 212 and 216 (No 4, November 1945) Wiley JSTOR
  5. Clifford, A History of Private Bill Legislation, 1885, vol 1, pp xxiii & 393; Current Law Statutes Annotated 1977, p 27/13-14.
  6. As to the year of an Act, see Johnson, Privatised Law Reform, 2018, p 31; Johnson, Parliament, Inventions and Patents, 2018, note 1 to Introduction; Chitty's Statutes of Practical Utility, 6th Ed, 1911, vol 1, title "Act of Parliament", p 28.
  7. R v. Taylor [1950] 2 All ER 170, CCA