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In prosecutions for bigamy, a mar- proved in the ordinary manner
rage, in fact, must be proved: per The repealed statute of 1 Jac. 1, c.
Lord Mansfield, Morris v. Miller; 11, contained, amongst other excep-
4 Burr, 2059. But see Truman's tions to the penalties of bigamy, one
case, 1 E. P. C. 470. But it is of no in favour of those persons who had
consequence, that the first marriage been married within the age of
is voidable, by reason of consan-
guinity, affinity, or the like: 3 Inst.
88. A marriage celebrated out

male, and twelve, in case of a fe

consent, i. e. fourteen, in case of a

of England, according to the lex in affirmance of the common law,

male. As this enactment was only

loci, is recognized in this country as
a valid marriage. Therefore,


the law in that respect remains the same. By the Marriage Act (4)

marriage in Scotland, between En- Geo. 4, c. 76, s. 22), certain marScotch law, is good in our courts: For the act, see the Appendix. For glish subjects, according to the riages are declared null and void. Dalrymple v. Dalrymple, 2 Hagg. more on the subject of bigamy, see 54; Harford v. Morris, ib. 430. 1 Haw. P. C. c. 52; 1 E. P. C. c. 12;

1 Russ. c. 23;

The marriage acts do not extend to
Jews or Quakers, but they include
all other dissenters; the marriages coe, Ev. 287.
of the latter must therefore be
n. 1; 3 Stark.


(See also tit.


9&10 Will. 3, c. 32.

avowed and published

Butl. Co. Lit. 79 b. Ev. Polygamy; Ros

Whereas, many persons have, of late years, openly

many blasphemous and impious

opinions, contrary to the doctrines and principles of the Almighty God, and may prove destructive to the peace Christian religion, greatly tending to the dishonour of and welfare of this kingdom, wherefore, for the more effectual suppressing of the said detestible crimes, be it enacted, &c., that if any person or persons, having been educated in, Persons deor at any time having made profession of the Christian re- nying the ligion within the realm, shall by writing, printing, teach- trinity, &c.


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more gods than one, or shall deny of, disabled

the Christian religion to be true, or the holy scriptures to hold any of the Old and New Testament to be of divine authority, office, &c. and shall, upon indictment or information in any of his thereof lawfully convicted by the oath of two or more credible witnesses, such person or persons, for the first to all intents and purposes whatsoever, to have or enjoy offence, shall be adjudged incapable and disabled in law, any office or offices, employment or employments, ecthem; and if any person or persons, so convicted as aforeany profit or advantage appertaining to them, or any of

estminster, or at the assizes, be

has worked

these res

clesiastical, civil, or

military, or any part in them, or

said, shall, at the time of his or their conviction, enjoy or possess any office, place, or employment, such office, place, or employment shall be void, and is hereby declared void. Further dis- And if such person or persons shall be a second time lawabilities if a fully convicted, as aforesaid, of all or any the aforesaid second time crime or crimes, that then he or they shall from henceforth



be disabled to sue, prosecute, plead, or use any action or information, in any court of law or equity, or to be guardian of any child, or executor or administrator of any person, or capable of any legacy or deed of gift, or to bear any office, civil or military, or benefice ecclesiastical, for ever, within this realm, and shall also suffer imprisonment for the space of three years, without bail or mainprize, from the time of such conviction.

Limitations II. Provided always, and be it enacted, by the authoof prosecurity aforesaid, that no person shall be prosecuted by virtue of this act, for any words spoken, unless the information of such words shall be given upon oath before one or more justice or justices of the peace, within four days after such words spoken, and the prosecution of such offence be within three months after such information.


after con

III. Provided also, and be it enacted, by the authority on renounc aforesaid, that any person or persons, convicted of all or ing their opinions in any of the aforesaid crime or crimes, in manner aforesaid, four months shall, for the first offence (upon his, her, or their acknowledgment and renunciation of such offence or erroneous viction,shall opinions, in the same court where such person or persons was or were convicted, as aforesaid, within the space of nalty, &c. four months after his, her, or their conviction), be discharged from all penalties and disabilities incurred by such conviction; any thing in this act contained to the contrary thereof, in any wise, notwithstanding.

be discharg

ed from


Note. The words omitted in the first section are, "deny any one of the persons in the Holy Trinity to be God, or shall." This clause is repealed by statute 53 Geo. 3, c. 160. In Rex v. Carlisle, 3 B. & A. 161, the court held clearly, that this statute had not put an end to the common law offence, its provisions being cumulative. See also Lord

Eldon's opinion on this act, and the 53 Geo. 3, c. 160, in Attorney-Gene ral v. Pearson, 3 Mer. 379. The proper meaning of blasphemy, when used at common law, appears to be profaneness against the general principles of religion and morality. S. C. Mr. Merivale's note. See also Rex v. Waddington, 1 B. & C. 26.

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Justices shall do right to


34 Edw. 3, c. 1.

First, we have commanded all our justices, that they all persons shall, from henceforth, do equal law and execution of right to all our subjects, rich and poor, without having regard to any person, and without omitting to do right for any letters

without re. gard of letters.


or commandment which may come to them from us or from any other, or by any other cause. And if that any letters Shall certify writs, or commandments, come to the justices, or to other illegal comdeputed to do law and right according to the usage of the realm, in disturbance of the law, or of the execution of the same, or of right to the parties, the justices and others aforesaid shall proceed and hold their courts and processes when the pleas and matters be depending before them, as if no such letters, writs, or commandments were come to them; and they shall certify us and our council of such commandments which be contrary to the law, as afore is said. And to the intent that our justices should do even right to all people, in the manner aforesaid, without more favour showing to one than to another, we have ordained and caused our said justices to be sworn, that they shall not from henceforth, as long as they shall be in the office of justice, take fee nor robe of any man, but of ourself; and that they shall take shall take no gift nor reward, by themselves nor by other, no fee of any privily nor apertly, of any man that hath to do before them, king; by any way, except meat and drink, and that of small value; and that they shall give no counsel to great man or nor give small, in case where we be party, or which do or may when the touch us in any point, upon pain to be at our will, king is parbody, lands, and goods, to do thereof as shall please us, ty. in case they do contrary. And for this cause, we have increased the fees of our justices in such manner as it ought reasonably to suffice them.

Note.-Bribery is the receiving or offering any undue reward, by or to any person whatsoever, whose ordinary profession relates to the administration of public justice, in order to influence his behaviour in office, and incline him to act contrary to the rules of honesty: 1 Russ. 156. This is the usual and limited

but of the


definition of bribery, given by the earlier authors, as Lord Čoke, Hawkins, &c. But, since the passing of stat. 2 Geo. 2, c. 24, the courts have taken notice of another kind of bribery, as an indictable offence at common law, namely, bribery at elections for members of Parliament. See post.

7 & 8 Will. 3, c. 4.

Whereas grievous complaints are made, and manifestly Bribery at appear to be true, in the kingdom, of undue elections of elections. members of parliament, by excessive and exorbitant expenses, contrary to the laws, and in violation of the freedom due to the election of representatives for the commons of England in parliament, to the great scandal of the kingdom, dishonourable, and may be destructive to the constitution of parliaments: wherefore, for remedy therein, and that all elections of members to parliament may be hereafter freely and indifferently made, without charge or expense, be it enacted and declared, &c., that no person or persons, hereafter to be elected to serve in parliament for

any county, city, town, borough, port, or place, within the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, after the teste of the writ of summons to parliament, or after the teste or the issuing out or ordering of the writ or writs of election, upon the calling or summoning of any parliament hereafter, or after any such place becomes vacant hereafter, in the time of this present or of any other parliament, shall, or do hereafter, by himself or themselves, or by any other ways or means, on his or their behalf, or at his or their charge, before his or their election to serve in parliament for any county, city, town, borough, port, or place within the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, diCandidates rectly or indirectly give, present, or allow to any person or persons having voice or vote in such election, any money, meat, drink, entertainment, or provision, or make any present, gift, reward, or entertainment, or shall, at any time hereafter, make any promise, agreement, obligation, or engagement, to give or allow any money, meat, drink, provision, present, reward, or entertainment to or for any such person or persons in particular, or to any such county, city, town, borough, port, or place in general, or to or for the use, advantage, benefit, employment, profit, or preferment, of any such person or persons, place or places, in order to be elected, or for being elected, to serve in parliament for such county, city, borough, town, port, or place.

after the teste of the writ, &c. giving or promising any present

or reward to any per

son having

vote, for being so elected;


to serve in Parliament.

Electors of

men to take

the follow ing oath, if demanded.

II. And it is hereby further enacted and declared, that every person and persons so giving, presenting, or allowing, making, promising or engaging, doing, acting, or proceeding, shall be, and are hereby declared and enacted to be, disabled and incapacitated, upon such election, to serve in parliament for such county, city, town, borough, port, or place; and that such person or persons shall be deemed and taken, and are hereby declared and enacted to be deemed and taken, no members in parliament, and shall not act, sit, or have any vote or place in parliament, but shall be, and are hereby declared and enacted to be, to all intents, constructions, and purposes, as if they had never been returned or elected members for the parliament.

2 Geo. 2, c. 24.

Whereas it is found by experience, that the laws already parliament in being have not been sufficient to prevent corrupt and illegal practices in the election of members to serve in parliament: for remedy, therefore, of so great an evil, and to the end that all elections of members to parliament may hereafter be freely and indifferently made, without charge or expence, be it enacted, &c., that from and after the 24th day of June, in the year of our Lord 1729, upon every

election of any member or members to serve for the commons in parliament, every freeholder, citizen, freeman, burgess, or person having or claiming to have a right to vote or be polled at such election, shall, before he is admitted to poll at the same election, take the following oath, (or being one of the people called Quakers, shall make the solemn affirmation appointed for Quakers) in case the same shall be demanded, by either of the candidates, or of any two of the electors; that is to say

I, A. B., do swear (or being one of the people called Elector's Quakers, I, A. B., do solemnly affirm), I have not received oath. or had by myself, or any person whatsoever in trust for me, or for my use and benefit, directly or indirectly, any sum or sums of money, office, place or employment, gift or reward, or any promise or security for any money, office, employment, or gift, in order to give my vote at this election, and that I have not been before polled at this election.'

officer to


Which oath or affirmation the officer or officers presiding Presiding or taking the poll at such election, is, and are hereby empowered and required to administer, gratis, if demanded, it, on foras aforesaid, [upon pain of forfeiting fifty pounds upon feiture of refusal]; and no person shall be admitted to poll till he 50. has taken and repeated the said oath in public manner, in case the same shall be demanded, as aforesaid, before the returning officer, or such others as shall be legally deputed by him.

II. [Enacts, that if any sheriff, &c. or other returning officer, shall admit any person to be polled without taking such oath if demanded, he shall forfeit one hundred pounds, &c. and the person voting shall incur the same penalty.]


III. And be it further enacted, &c. that every sheriff, Oath of remayor, bailiff, headborough, or other person, being the re- turning offturning officer of any member to serve in parliament, shall, immediately after the reading the writ or precept for the election of such member, take and subscribe the following oath, viz.

'I, A. B., do solemnly swear, that I have not, directly or indirectly, received any sum or sums of money, office, place or employment, gratuity or reward, or any bond, bill or note, or any promise or gratuity whatsoever, either by myself or any other person to my use, or benefit or advantage, for making any return at the present election of members to serve in parliament; and that I will return such person or persons as shall, to the best of my judgment, appear to me to have the majority of legal votes.'

Which oath any justice or justices of the peace of the said county, city, corporation, or borough, where such election shall be made, or, in his or their absence, any three of the electors, are hereby required and authorized to admi

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