Polygamy

s. (polygamie, Fr. wodvyapice) A plurality of wives or husbands, in the po e ion of one man or woman at the same time. Polygamy is so universally esteemed un« lawful, a even unnatural, through Europe, and in all Christian countries, that we have gene tally reasoned upon this conviction. Both religion and reason appear at first sight at least to condemn it; and with this view of the subject in an kind in general rest satisfied: but some older geninses have taken the opposite side of the question; have cast off the prejudices of education, and attempted to show that polygamy is not unlawful, but that it is just and nece ary, and would be a public benefit. One of the most specious writers on this side of the question was Mr. Madan, in his Thelyphthora. We shali neither detail his reasonings, nor enter into a laboured refutation of such notions; but ye quote the concluding remarks of the Monthly Reviewer of Madan’s work, ‘* In a word,” says he, ‘* when we reflect that the primitive institution of marriage limited it to one man and one woman; that this institution was adhered to by Noah and his sons, amidst the degeneracy of the age in which they lived, and in spite of the examples of polygamy which the accursed race of Cain had int reduced; when we consider how « very few (comparatively speaking) the examples of this practice were among the faithful; how “much it brought its own punishment with it; and how dubious and equivocal those pa ages are in which it appears to have the sanction of divine approbation; when to these reflections we add another, respecting the limited views and temporary nature of the more ancient dispensations and institutions of religion—how often the imperfections and even vices of the patriarchs and people of God in old time are fecorded, without any expre notification of - their criminality~how much is said to be commanded, which our reverence for the holine of God and his law will only suffer us to suppose were, for wise ends, permitted—how frequentiy the me engers of God adapted themselves to the genius of the people to whom they were sent, and the circumstances of the times in which they lived:—above all, when we consider the purity, equity, and benevolence of the Christian law; the explicit declarations of our Lord, and his apostle St. Paul, respecting the institution of marriage, its design and limitation;—when we reflect, too, on the test i- mony of the most ancient fathers, who could not po ibly be ignorant of the general and _ €ommon practice of the apostolic church; and, finally, when to these considerations we add those which are founded on justice to the female sex, and all the regulations of domestic economy and national policy—we must wholly condemn the revival of polygamy; and thus - bear our honest testimony against the leading design of this dangerous and ill-advised publi- cation,” We would advise our readers to read the avhole criticism on Madan’s book in the Monthly Review, together with their account of the several answers’ to it. The reverend author of the Thelyphthora has here met with a most able antagonist, who traces him through all his deceitful windings, and exposes the futility and falsehood of his arguments with singular ability, See Monthly Review, vol. lxiii. p. 273, .; see also Paley’s Moral Philosophy. It has been disputed by the lawyers, whether polygamy be adultery. In the Roman law it. is called stuprum, and punished as such, that is, in some cases, capitdlly. But a smaller punishment is more consistent with the Jewish law, wherein the prohibition of adultery is perpen but that of polygamy temporary only. ‘ Germany, Holland, and Spain, this of fence is differently punished. Bya constitution of Charles V. it was a capital crime. By the laws of ancient and modern Sweden it is punished with death. In Scotland it is punished as perjury. In England it is enacted by statute 1 Jac. I. cap. 11. that if any person, being married, do afterwards marry again, the former husband or wife. being alive, it is felony, but within the benefit of clergy. The first wife in this case shall not be admitted as an evidence against her husband, because she is the true wife; but the second may, for she is indeed no wife at all; and so vice vers a of a second husband, This act makes-an exception to five cases, in which such second marriage, though in the three first it is void, is, however, no felony. 1. Where either party hath been continually abroad for seven years, whether the party in England had notice of the other’s being living or not. 2. Where either of the parties hath been absent from the other seven years within this kingdom, and the remaining party hath had no notice of the other’s being alive within that time. 3. Where there is a divorce or separation a mensa et thoro by sentence in the -ecclesiastical court. 4. Where the first martiage is declared absolutely void by any such sentence, and the parties loosed a vinculo. Or, 5. Where either of the parties was under the age of consent at the time of the first marriage; for in such case the first marriage was voidable b the disagreement of either party, which this second marriage very clearly amounts to... But if at the age of consent the parties had agreed to the marriage, which completes the contract, and is indeed the real. marriage, and afterwards one of them should marry again, judge Black~ stone apprehends that such second marriage would be within the reason and penalties of the act. 579