Capp, Bernard. (2009) Bigamous marriage in early modern England. Historical Journal, Vol.52 (No.3). pp. 537-556. ISSN 0018-246X

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Abstract

Though divorce followed by remarriage was illegal in early modern England, a considerable number of people whose marriage had failed or whose spouse had deserted ventured to marry again, either uncertain of the law or choosing to defy it. Bigamy, traditionally a spiritual offence, came to be seen as a significant social problem and was made a felony in 1604. Drawing on ecclesiastical and secular court records and a variety of other sources, this article examines the legal framework, offers a typology of bigamists, and explores the circumstances surrounding their actions. It finds that offenders, predominantly male, ranged from the unlucky or feckless to the cynically manipulative, among them a small number of serial bigamists. It also asks how such offences might come to light in an age of relatively poor communications, and examines the plight of those who had married a bigamist in good faith. Finally it examines the likelihood of conviction, and the punishment of those who confessed or were convicted.

Item Type:	Journal Article
Subjects:	H Social Sciences > HQ The family. Marriage. Woman D History General and Old World > DA Great Britain
Divisions:	Faculty of Arts > History
Library of Congress Subject Headings (LCSH):	Bigamy -- Great Britain, Impediments to marriage -- Great Britain, Marriage law -- Great Britain, Great Britain -- History -- Tudors, 1485-1603, Great Britain -- History -- Stuarts, 1603-1714, Great Britain -- History -- 1714-1837
Journal or Publication Title:	Historical Journal
Publisher:	Cambridge University Press
ISSN:	0018-246X
Date:	September 2009
Volume:	Vol.52
Number:	No.3
Page Range:	pp. 537-556
Identification Number:	10.1017/S0018246X09990021
Status:	Not Peer Reviewed
Access rights to Published version:	Open Access
URI:	http://wrap.warwick.ac.uk/id/eprint/2165

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