Sidebilder
PDF
ePub

about the time of the Reformation, cited to the claim of benefit of clergy. (Woodin Ellis's edition of Brand's Popular An- desson's Vinerian Lectures, i. 425.) The riquities, that certain superstitious cere- word bigamy, which simply. signifies monies had become connected with these “ a second marriage,” is an irregular engagements; but Mr. Douce was unable compound, formed of the Latin word bi to find in any of the ancient rituals of the (two), and the Greek gau (gam), “marchurch any prescribed form in which this riage." The genuine Greek word is kind of espousals were to be celebrated. digámia (doyaula). The church, however, undertook to pu- Bigamy, by the English law, consists nish the violation of the contract. Whoever in contracting a second marriage duriug after betrothment refused to proceed to the life of a former husband or wife, and matrimony, in facie ecclesia, was liable the statute 1 James I. c. 11, enacts that to excommunication till relieved by pub- the person so offending shall suffer death, lic penance. This was taken away by act as in cases of felony. (Hale's Pleas of 26 Geo. II. c. 33, and the aggrieved party the Crown, i. 692, fol. ed. 1736.) This was left to seek his remedy by an action statute makes certain exceptions, which at common law for breach of promise of it is not necessary to refer to, as it has marriage. The church also declared that been repealed by 9 George IV. c. 31, no kind of matrimonial engagement could $ 22, for England, and 10 Geo. IV. c. be entered into by infants under seven 34, $ 26, for Ireland, and operates only years of age; and that from seven to with respect to offences committed on twelve, and in the case of males to four- or before the 30th of June, 1828. The teen, they might betroth themselves, but statute last cited enacts, “ That if any not to be contracted in matrimony. Fur- person being married shall marry any ther, if any betrothment at all took place, other person during the life of the former it was to be done openly, and this the husband or wife, whether the second marpriests were instructed to urge upon the riage shall have taken place in Engpeople as of importance.

land or elsewhere, such offender and Bishop Sparrow (Rationale on the Com- any person aiding him shall be guilty of mon Prayer, p. 203) regards the marriage felony and be punished by transportation service of the Church of England as con- for seven years, or by imprisonment taining in it both the verba de futuro and (with or without hard labour) for a term the verba de prasenti, or as being in fact not exceeding two years.” The statute both a betrothment and a marriage. The excepts, first, any second marriage confirst he finds in the questions,“ Wilt thou tracted out of England by any other than take,” &c., and the answers, “I will," - | a subject of his Majesty; second, any perattributing to the word will, perhaps er- son whose husband or wife shall have roneously, the sense of intention rather been continually absent during seven than of resolution. The words of contract years, and shall not have been known by which follow are the verba de præsenti. such person to have been living within

The northern nations, including the that time; third, a person divorced from English and the Scotch, called this cere- the bond of the first marriage; fourth, mony by the expressive term hand-fasting, one whose former marriage shall have or hand-fastning. In Germany the parties been declared void by the sentence of any are called respectively" bride" and "bride- court of competent jurisdiction. groom,” “ braut" and "bräutigam," from With respect to the third exception, it the time of the betrothment (verlobung) was determined in a case tried under the until the marriage, when these designa- stat. 1 James I. c. 11, where a Scotch ditions cease.

vorce a vinculo was pleaded, that no senBIGAMY, in the canon law, signified tence of any foreign court can dissolve an either a second marriage with a virgin English marriage a vinculo, unless for after the death of the first wife, or a grounds on which it was liable to be so marriage with a widow. It incapacitated dissolved in England ; and that the words men for holy orders; and until the 1 Edw. divorced by any sentence in the eccleVI. c. 12, $ 16, it was a good counterpleasiastical court” (the words of the statute

66

of James) applied to the sentence of during session and vacation. The youngest a spiritual court within the limits to judge is lord ordinary on the bills during which the statute extended. The fourth session; the duty is performed by the exception cannot be taken advantage of other judges, with the exception of the if the first marriage has been declared two presidents, by weekly rotation during void only collaterally and not directly; vacation. All proceedings for summary or if admitting it to be conclusive, it can remedies, or for protection against imbe shown to have been obtained fraudu- pending proceedings, commence in the lently or collusively. See MARRIAGE and Bill Chamber-such as interdicts (or inDIVORCE; and the trial of the Duchess of junctions against courts exceeding their Kingston before the peers in parliament, jurisdiction), a procedure which frequently in 1776, for bigamy. (Bacon's Abridg- occurred during the recent discussion ment by Dodd, titles, Bigamy” and in the Church of Scotland as to the veto Marriage.")

question; suspensions of execution against The offence of bigamy consists in going the property or person, &c. The process through the form of a second marriage of sequestration or bankruptcy issues from while the first subsists, for the second this department of the court. By far the marriage is only a marriage in form, be greater number of the proceedings are cause a man cannot have two wives or a sanctioned by the judge as a matter of woman two husbands at once. The main form, on the clerks finding that the paground for punishing a person who con- pers presented ask the usual powers in tracts such second marriage, ought to be the usual manner; but where a question the injury that is thereby done to the of law is involved in the application, it party whó is deceived. Yet the law, with comes into the Court of Session, and is the absurd disregard of distinctions which discussed as an ordinary action. The is so common in the penal code of Eng- Lord Ordinary on the bills is the repre land, punishes in the same way all par-sentative of the court during vacation. ties who knowingly contract such second A considerable proportion of his duties marriage. For instance, if two married are regulated by 1 & 2 Vict. c. 86. persons contract such marriage, they are BILL IN CHANCERY. [EQUITY.] both liable to the same penalty which is BILL IN PARLIAMENT is the inflicted on a married man who contracts name given to any proposition introduced a second marriage with an unnarried into either house for the purpose of being woman who believes him to be unmar- passed into a law, after which it is called ried. In the former case the two parties an act of parliament, or statute of the sustain no damage by the form; and, realm. [Act; STATUTE.] with respect to society, they stand pretty In modern times a bill does not differ nearly on the same footing as two mar- in form from an act, except that when ried persons who agree to commit adul- first brought in it often presents blanks tery. The only difference is, that they for dates, sums of money, &c., which are also agree to pass for man and wife by filled up in its passage through the house. virtue of the marriage ceremony: In When printed, also, which (with the exthe second case the man, by a base fraud, ception only of naturalization and name obtains the enjoyment of the woman's bills, which are not printed) it is always person, without running the risk of the ordered to be, either immediately after it penalty attached to the employment of has been read a first time, or at some force. As the offence of bigamy may then other early stage of its progress, a portion either be no damage to either of the par- of it, which may admit of being disjoined ties, or a very great injury to one of them, from the rest, is sometimes distinguished this consideration should affect the amount by a different type. But most bills are of punishment.

several times printed in their passage BILL BROKER. [BROKER.] through the two houses. A bill, like an

BILL CHAMBER, a department of act, has its title, its preamble, usually the Court of Session in Scotland, in which setting forth the reasons upon which it one of the judges officiates at all times professes to be founded, and then its series

of enacting clauses, the first beginning origin and its sanction in the reign of with the words—“ Be it enacted by the Henry VI.” (p. 270). King's most excellent Majesty, by and Bills are either public or private. In with the advice and consent of the Lords the introduction of a public bill the first Spiritual and Temporal, and Commors, motion made in the House of Lords is in this present Parliament assembled, and that the bill be brought in; but in the by the authority of the same;" —and each House of Commons the member who of those that follow with the more simple purposes to introduce the bill must first formula—" And be it further enacted." move that leave be given to bring it in. The advantage of this is, that a bill when If that motion is carried, the bill is then made perfect by all its blanks having been either ordered to be brought in by cerfilled up, becomes a law at once, without tain members, generally not more than further alteration or remodelling, on re- two, of whom the mover is one, or a ceiving the royal assent.

select committee is appointed for that Originally, the bills passed by the two purpose. When the bill is ready, which höases were introduced in the form of it frequently is as soon as the motion for petitions, and retained that form when leave to bring it in has been agreed to, it they came to receive the royal assevt. is presented at the bar by one of those [PETITION.] The whole of those passed members, and afterwards, upon an intiin one session were then, after the par- mation from the speaker, brought up by liament rose, submitted to the judges, him to the table. The next motion is to be by them put into the proper shape that it be read a first time; and this moof a law. They were then entered on tion is most frequently made immediately the Statute Rolls. But it was found after the bill has been brought up. This that in undergoing this process the acts, being carried, a day is appointed for conas passed by the parliament, were fre- sidering the question that the bill be read quently both added to and mutilated. a second time. The second reading being Indeed a great deal of the power of carried, it is next moved that the bill be making the law was thus left in the committed, that is, that it be considered hands of the judges, and of the royal clause by clause, either in a committee of authority, in so far as these learned the whole house, or, if the matter be of personages might be under its influence. less importance, in a select committee. The Commons remonstrated, reminding When the committee have finished their the king that they had ever been “as labours, they make their report through well assenters as petitioners." To remedy their chairman; and the next motion is this usurpation it was arranged in the that the report be received. Besides mo2 Henry V., that the statute roll of the difying the original clauses of the bill, it session should always be drawn up before is in the power of the committee, if they the parliament rose, or as the king said, think proper, both to omit certain clauses " that henceforth nothing should be en- and to add others. Sometimes a bill is acted to the petitions of the Commons ordered to be re-committed, that it may contrary to their asking, whereby they undergo further consideration, or that should be bound without their assent, additional alterations may be made in it. In the following reign, that of Henry VI., The report of the committee having been the bill came as now to be prepared in received, the next motion is that the bill the form of an act, and to receive the dis- be read a third time, and when that is tinct assent of the king in the form in carried, there is still a further motion, which both houses had agreed to it. Mr. that the bill do pass. When a bill has May however states (Usages, &c. of Par-passed the House of Lords, it is sent down liament) that both Henry VI. and Ed- to the House of Commons by two of the Ward IV. now and then made new pro- masters in chancery, or if only one is visions in statutes without the sanction of present he is accompanied by the clerk parliament; “but the constitutional form assistant of the parliament; and if the of legislating by bili and statute, agreed bill concerns the crown or royal family, to in parliament, undoubtedly had its) it is sent down by two of the judges. The messengers make their obeisances as they distinct and strong hand on parchment. advance to the speaker, and, after one of In this shape it remains till it receives them has read the title of the bill, deliver the royal assent; it is not ingrossed a it to him, desiring that it may be taken second time in the other house. When into consideration. When an ordinary a bill originates in the Lords, it is inbill is not sent to the Commons by two of grossed after the report, and is sent to the the masters in chancery, the messengers Commons in that form; and when it beare directed to explain this deviation from gins in the Commons, the time for inthe established rules; and in their reply grossing the bill before it is sent up to the Commons “ trust the same will not the Lords is also after the report.' (Nay's be drawn into a precedent for the future.” Parliament, p. 284.). Whatever clauses When a bill, on the other hand, is sent are afterwards added are called riders, up from the Commons to the Lords, it is and must be ingrossed on separate sheets sent by several members (the Speaker of parchment and attached to it. being frequently one), who, having Bills of all kinds may originate in knocked at the door of the Lords' House, either house, except what are called are introduced by the usher of the black money bills, that is, bills for raising rod, and then advance to the bar, making money by any species of taxation, which three obeisances. The Speaker of the must always be brought first into the house, who is usually the lord chancellor, House of Commons. The Commons also then comes down to the bar, and receives will reject any amendment made upon a the bill, the members who deliver it to money bill by the Lords. And the Lords him stating its title, and informing him have a standing order (the XC., dated that it is a bill which the Commons have 2nd of March, 1664) against proceeding passed, and to which they desire the con- with any bill for restitution in blood currence of their lordships. A bill thus which shall not have originated in their received by the one house from the other own house: all such acts, and all others is almost always read a first time; but it of royal grace and favour to individuals, does not appear to be a matter of course are signed by the king before being laid that it should be so read. It then goes before parliament, where they are only again through the same stages as it has read once in each house, and cannot be already passed through in the other amended, although they may be rejected. house.

(Assent, Royal.] The bill may be debated on any one of When a bill has passed the Commons the motions which we have mentioned, and is to be sent up to the Lords, the and it commonly is so debated more than clerk of the Commons writes upon it once. It is usual, however, to take the soit baillé aur Seimeurs; and upon debate upon the principle of the proposed one which has passed the Lords and measure either on the motion for leave to is to be sent down to the Commons, bring in the bill, or on that for the the clerk of the Lords writes Soit second reading: the details are generally baillé aux Communs. If it is afterdiscussed in the committee. Amendments wards passed by the Commons, the elerk upon the bill, going either to its entire writes upon it Les Comuns ont assentez. rejection, or to its alteration to any ex- All bills of supply, after being passed by tent, may be proposed on any occasion on the Lords, are returned to the House of which it is debated after it has been Commons, in which they had originated, brought in. Before it is committed also, and there remain till they are brought to certain instructions to the committee may the House of Lords by the Speaker to be moved, upon which the committee receive the royal assent: all other bills must act.

are deposited with the clerk of the enrolAfter the report of the committee has ments in the House of Lords till the royal been received, and the amendments which assent is given to them. it purposes agreed to, the Speaker puts A bill, after it has been introduced, the question that the bill so amended be may be lost either by the royal assent ingrossed; that is to say, written in a | being refused (of which, however, there is no instanoe in recent times), or by a mons that they do not insist upon their motion for its rejection being carried in amendments. But if they insist upon the any of its stages in its passage through whole or part of their amendments, they either house, or by any of the motions desire another conference, and communinecessary to advance it on its progress cate the reasons of their perseverance.” being dropped or withdrawn. The rejec- The usage of parliament precludes a tion of the bill may be effected by the third conference, and to proceed further motion in its favour being simply nega- a free conference is requisite. Here, intived, or by a counter-motion being car- stead of a formal communication of rearied to the effect that the next reading sons, the proceedings partake of the nature be deferred till a day by which it is of a debate: if neither Lords nor Commons known that parliament will have been give way at this conference, there is little prorogued (generally till that day six prospect of terminating the disagreement; months, or that day three months), or by but a second free conference may be held the carrying of an amendment entirely if the house in possession of the bill reopposed to the measure. The motion for solves upon making concessions. It may carrying it forward on any of its stages be added that the almost uniform practice may be dropped either by the house not in both houses, when it is intended not to assembling on the day for which the insist upon the amendments, has been to order made respecting that motion stands, move affirmatively “to insist," and then or simply by no member appearing to to negative that question. (Hatsell, Premake the motion. When a motion has cedents; May, Usage, fc. of Parliament.) once been made, it can only be withdrawn According to the standing orders of the by consent of the house.

House of Lords (see Order CXCVIII. of If a bill has been lost in any of these 7th of July, 1819), no bill regulating the ways, the rule is that the same measure conduct of any trade, altering the laws of cannot be again brought forward the same apprenticeship, prohibiting any manufacsession. There are, however, several re- ture, or extending any patent, can be read markable examples of the regulation being a second time until a select committee entirely disregarded; and sometimes a shall have inquired into and reported short prorogation has been made merely upon the expediency of the proposed reguto allow a bill which had been defeated lations. By the standing orders of the to be again introduced.

Commons no bill relating to religion or When a bill which has passed one house trade can be brought into the house until has been amended in the other, it must the proposition shall have been first conbe returned, with the amendments, to be sidered and agreed to in a committee of again considered in the house from which the whole house; and the house will not it had come; and it cannot be submitted proceed upon any bill for granting any for the royal assent until the amendments inoney, or for releasing or compounding have been agreed to by that house. In any sum of money owing to the crown, case of a difference of opinion between but in a committee of the whole house. the two houses, the rules of proceeding No bill also can pass the house affecting between the two houses, according to Mr. the property of the crown or the royal May (Usage, fc. of Parliament, p. 255), prerogative without his Majesty's consent are as follows:-“ Let it be supposed that having been first signified. a bill sent up from the Commons has been Private bills are such as directly relate amended by the Lords and returned; that only to the concerns of private individuals the Commons disagree to their amend or bodies of individuals, and not to matments, draw up reasons, and desire a con- ters of state or to the community in geference; that the conference is held, and neral. In determining on their merits the bill and reasons are in possession of Parliament exercises judicial as well as the House of Lords. If the Lords should legislative functions. In some cases it be satisfied with the reasons offered, they might be doubtful whether an act ought do not desire another conference, but to be cousidered a public or a private send a messenger to acquaint the Com- one; and in these cases a clause is

« ForrigeFortsett »