Considerations On Criminal Law volume 2

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Considerations On Criminal Law volume 2
Henry Dagge
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It was probably arbitrary, as we do not find any pofitive penalty fettled by law.
Among the Romans likewife, we do not meet with any pofitive law againft Polygamy ; on the contrary, it is faid to have been a cuftom among them for wives to marry more than one hufband ; and every one knows the flory of Cato of [Utica^ who, to oblige his friend Hor^ 1 % Unftust ii6 CONSIDERATIONSo;^ tenfiusy gave up his v^xitj^art'ia to him $ and not only fufFered him to marry her, but adually aflifted at the cere
...mony him- felf, together with Philip, the father of Martia. This ftory is, however, by Plutarch, conlidered as romantic.
Among the Jeijjs, Polygamy was to- lerated ; and we learn from the facred writings, that Lamech was the firfl who- took two wiveSr By the law of Scotland, Polygamy, which the Scotch with greater propriety call Bigamy, is punilhed only with con- fifcation of moveables, and an incapacity of holding any ofEce, Ever fince the inftitution of matri- mony under the prefent form. Polygamy muft have been allowed to be criminal, had no ftatute been made to prohibit it.


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