[Footnote 250: _Law Review_ (Eng.), I, 362. One of these canons "provided that no persons separated _a toro et mensa_ should, during their joint lives, contract matrimony with other persons, and that the parties requiring the sentence of divorce should give sufficient caution and security into the court that they would not transgress this restraint. Another canon required the judge who should grant divorce, without observing these rules, to be suspended for one year by the archbishop or bishop, and declared his sentence utterly void."--WOOLSEY, _Divorce_, 171, 172. _Cf._ LUCKOCK, _Hist. of Marriage_, 177 n. 2; MORGAN, _Marriage, Adultery, and Divorce_, II, 233 ff.] [Footnote 251: By the act of 1 James I., c. xi, "bigamy" is used in the modern sense. In mediæval law a "bigamist" is one who marries again _after_ his first wife's death; the word "polygamist" being employed for the person who takes another woman _before_ the death of the first spouse. By 4 Ed. I., 1276 (_Stat. de bigamis_, _Stat. at Large_ [Pickering], I, 116), benefit of clergy is denied him who is a bigamist, _i. e._, has contracted a second marriage after death of the first wife: JEAFFRESON, _Brides and Bridals_, II, 327. Compare GLASSON, _Hist. du droit_, III, 184, 185. "As for the crime of polygamy [the modern bigamy], it hath not been made penal by any statute, till the time of James the First. A canon of Pope Gregory the Tenth had taken away all clerical privileges from a bigamist, as the marrying a second wife was considered by the ecclesiastical law, to be proof of a most incontinent disposition; this regulation having been adopted in England, the clergy had a doubt, whether a person, who had been guilty of this offence before the canon law took place, might claim the indulgence of the common law; this statute [4 Ed. I.], therefore, retrospectively declares, he shall not be entitled to such privilege."--BARRINGTON, _Observations upon the Statutes_ (4th ed., London, 1775), 106; also JEAFFRESON, _op. cit._, II, 327, note. But it may be noted that by 1 Ed. VI., c. 12, sec. 16: _Stat. at Large_ (Pickering), V, 265, 266, benefit of clergy is restored in terms which may leave it in doubt whether bigamy in the modern sense is intended. This privilege is granted to offenders, "although they or any of them have been divers and sundry times married to any single woman or single women, or to any widow or widows, or to two wives or more." On the ancient meaning of "bigamy" see also GLASSON, _op. cit._, III, 184.] [Footnote 252: 1 James I., c. xi: _Stat. at Large_ (Pickering), VII, 88, 89.