From the Supplement, compiled after Aquinas’s death from his Commentary on the Sentences and transcribed here from the 1917 to 1922 printings. About the Supplement.
Text: Summa Theologiae, Supplement to the Third Part (Supplementum Tertiae Partis), transcribed from Internet Archive scans, translated by the Fathers of the English Dominican Province. The Supplement, compiled after Aquinas’s death from his earlier Commentary on the Sentences, in the same English Dominican translation as the Gutenberg Parts. Transcribed by Bibliotheca Catholica from the OCR of four Internet Archive scans of the pre-1931 printings (Questions 1 to 33 from the 1917 Washbourne and Benziger volume, 34 to 68 from the 1922 volume, 69 to 86 from the 1921 volume, and 87 to 99 from the 1922 Benziger volume), with OCR errors corrected and doubtful passages marked, not rewritten. 99 questions and 446 articles. The two appendices printed after Question 99 are not included. Sources, SHA-256 of each OCR file, and the method are in the source record. Rights: Public domain (US)
The Supplement is not a Project Gutenberg text. It is Bibliotheca Catholica’s transcription of public-domain scans at the Internet Archive; obvious OCR errors were corrected, and passages marked “OCR uncertain” could not be confidently corrected, so check them against the linked scan page.
Objection 1: It would seem that irregularity does not result from bigamy when one husband has two wives at the same time, one in law and one in fact. For when the sacrament is void there can be no defect in the sacrament. Now when a man marries a woman in fact but not in law there is no sacrament, since such a union does not signify the union of Christ with the Church. Therefore since irregularity does not result from bigamy except on account of a defect in the sacrament, it would seem that no irregularity attaches to bigamy of this kind.
Obj. 2: Further, If a man has intercourse with a woman whom he has married in fact and not in law, he commits fornication if he has not a lawful wife, or adultery if he has. But a man does not become irregular by dividing his flesh among several women by fornication or adultery. Therefore neither does he by the aforesaid kind of bigamy.
Obj. 3: Further, It may happen that a man, before knowing carnally the woman he has married in law, marries another in fact and not in law, and knows her carnally, whether the former woman be living or dead. Now this man has contracted marriage with several women either in law or in fact, and yet he is not irregular, since he has not divided his flesh among several women. Therefore irregularity is not contracted by reason of the aforesaid kind of bigamy.
I answer that, Irregularity is contracted in the two second kinds of bigamy, for although in the one there is no sacrament, there is a certain likeness to a sacrament. Wherefore these two kinds are secondary, and the first is the principal kind in causing irregularity.
Reply Obj. 1: Although there is no sacrament in this case there is a certain likeness to a sacrament, whereas there is no such likeness in fornication or adultery. Hence the comparison fails.
This suffices for the Reply to the Second Objection.
Reply Obj. 3: In this case the man is not reckoned a bigamist, because the first marriage lacked its perfect signification. Nevertheless if, by the judgment of the Church, he be compelled to return to his first wife and carnally to know her, he becomes irregular forthwith, because the irregularity is the result not of the sin but of imperfect signification.
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Also online, linked only: the same translation at New Advent and the Latin text at Corpus Thomisticum. Neither is copied here.