The Sun.
London, England, 1862-03-13 00:00:00

TO TITE EDITOR OP THE Sr's%
Sin,—The Committee of the Marrifw,e Law Reform As-
sociation. are desirous of again subr.', itting to uhlic attention
the following greatly abridged Statement of Facts and ()pi-
Th.ons, tending to show the Scriptural lawfulness of mar-
siage with a deceased wife's sister, and the consequent
necessity for its legalisation. in Great Britain and all its
colonies, in accordance with the practice of other Christian
nations.
Representing tke tens of thousands who are affected by
the existing law, and encouraged by extended and influen-
tial support, tldey pledge themselves to increased and per-
severing exertions to obtain for all marriages with a de-
ceased wic,e's sister that validity which, with the unanimous
consen,., a the Bench of Bishops, was accorded to all those
celel':rated before the 31st of August, 1835.
I'. very day's observation yields fresh proof of the fire-
fluency of these marriages, of their happy'results to mother-
less children, and of the favourable estimation in which
they are held by society, and the committee feel increas-
ingly confident that, as the result of patient effort and tem-
perate discussion, the law of the land on this important
point will, at no distant period, be brought into conformity
to P.m law of God.
-With regard to the numb'a• of such marriages, they
'would particularly call attention to the fct relating to the
-united parishes of St. Ms.rgaret and St. John, Westminster.
I am, your obedient servant JOSEPTA STANSBURY, MA lion, Sec.
21, Parliament. street, March 8, 1862. "

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"Neither shalt thou take a woman to her sister be to ex her
-side the other, in her lifetime."-Lev. xviiiv., 18.
FACTS.
Fact 1. Marriage with a deceased wife's sister is nowhere
prohibited, whether expressly or impliedly, either in the
Old or New Testament.
Fact 2. Marriage with a a ife's sister is expressly legislated
for in Leviticus xviii., 18, and there the prohibition is
strictly limited to the lifetime of the wife.
Fact 3. The Jews, to whom, in their own language, the
sacred oracles were given, have
always understood this mar-
riage to be impliedly permitted in Leviticus xviii., 18, and
feet re special mark of approbation on such unions by allow-
me, them to take place, when there were young children
Within a shorter interval after the death of the wife than in
ordinary eases,
e_rFact 4. This marriage was never prohibited by the laws
any country in the world before the fourth century of
the Christian era.
Fact 5. None of the Six General Councils, hell between
&t). 325 and A.D. 680, condemned this marriage.
Fact 6. During the first 500 years of the Christian era
this marriage was condemned by only one provincial coun.-
cil, that of Eliberis, in Spain, composed of 19 bishops.
This council also forbade tapers to be lighted in cemeteries
in the daytime, that the spirits of the saints might not be
disturbed, and required bishops, priests, and deacons to live
aPar t from their wives.
Fact 7. The Church of England nowhere claims autho-
rity to prohibit any marriage net contrary to Holy Scrip-
ture.
Fact 8. The Roman Catholic Church does not regard
this, marriage as forbidden in Scripture.
Fact* 9. The Greek Church allows such marriages to
those not of her communion.
yact 10. Protestant Dissenters regard the prohibition of
.this marriage unscriptural and inexpedient, the Depu-
ties of the Three Denominations having repeatedly peti-
tioned Parliament for its removal.
_Fact 11. The laws of England, Ireland, and Scotland
declare all marriages lawful which are not prohibited by
God's law.
„..,Pact 12. The canons, articles, and formularies of the
',lilted Church of England and Ireland, and the confession
aith of the Scotch Church, admit the lawfulness of all
marriages not forbidden in Holy Scripture.
-r act. 13. This marriage may be lawfully celebrated in
'TY country in the world, except our own.
Fact 14. This marriage is lawful in Lower Canada and
in all British colonies established before 1835.
Fact 15. This marriage was practically permitted in this
country before 1835, its absolute prohibition in England
"eetng'' recent innovation, dating only from that year.
I'M, 16. No compint wa made of he operation of the
'a, As it stood beforeai 1835. s . Neither in this nor in any
Other country has it been shown that the permission of this
'marriage has been attended with injurious consequences.
Fact 17. The Act of 1835 was an unjustifiable compro-
-11163, the majority of the Heuse of Commons reluctantly
consenting to the future prohibition of marriage with a
deceased wife's sister, as the means of procuring the legalisa-
tion of all past marriages of the kind.
Pact 18. The Bench of Bishops on that occasion con-
/*Me d to legalise marriages with a deceased wife's sister,
Previously celebrated-a measure to which it was impossible
theY should have assented had they believed the marriage
Tony
to the Word of God.
?t 19. The Royal Commissioners on the Law of triageMar-
declare that the Act of 1835 has not secured the re-
"Peet or obedience of society.
Fa
ct 20. Thousands of such marriages have been con-
ha
tracted ; they are found in every town and neighbourhood
the kingdom.
discovered
21. Seventy-four cases of such marriages have been
Teeevered in the united parishes of St, Margaret and St.
utn, Westminster.
Fact 22. Society, almost without exception, regards 'per-
7.one SO united as scripturally married, and worthy of re-
.te?te and in so doing condemns the law which declares
eir
marriage void.
E
act 23. More than 400 clergymen of the Church of
1,2g-aetl in and around London, besides numerous others in
allue
e Parts of the kingdom, have petitioned for the removal of
• .
_exietmg p rohibition.
Fact 21. Twenty-three Spiritual Peers, including two
nzehbishops, have declared it to be their opinion that there
ao
ct scriptural prohibition of these marriages.
Pa2.l. Eleven Deans, and more than 350 other clergy-
Met. of the Established Church in Ireland, have expressed
decided opinion that this marriage is not prohibited in
Scripture.
Fact 26. Petitions having 1,119,392 signatures have been
Presented for the repeal of the present restriction.
Fact 27. The House of Commons, in 32 divisions, have
Voted for repealing the existing law.
V.ot 28. rzuperty left to a wife's sister pays a legacy '
dletrof 10 per cent., as to a " stranger in blood."
OPINIONS.
"Had the intentions of the Law-Giver been to prohibit
the marriage of a wife's sister altogether, even human wis-
y.] mr
particularos wouldease
atnoseevihdAoaadtaaekaen a coarse so sure to defeat its
retlenfoarrbe,ifiddcinhgarigte.solely in one
" I will undertake to say that in no part of the civilised
pleworld is there to be found a more moral and intelligent peo-
, especially in regard to the intercourse of the sexes,
than, are the people of the State of Massachusetts ; and yet,
ray lords, in that State the marriages which the noble lord
Seeks to legalise are consistent with the law. They are not
ofonly Tolle Legal, but they are of constant occurrence."-Speech
Lo.
" It seemsdt to be established and admitted that the moral
feeling of the community at large is not with this law-that
the law, in fact, is not obeyed, and that a great number of
persons not considering themselves to commit any moral
offence do contract marriages which the law prohibits.
That is not a state of things which ought to exist; and not
being of opinion that there is any moral objection to the
contracting of these marriages, and believing that the law
as it stands is the cause of a great deal of misery and social
evil, especially among the middle and lower classes of the
community, I shall with great pleasure give my vote for the
Znoti,,,n."-Speech of Lord Palmerston.
" I must say that I have satisfied myself that there is not
any religious prohibition of these marriages. I think where
persons feel that they can without scruple contract them
they should be allowed to do so."-Speech of Earl Russell.
"The arguments attempted to be drawn from Scripture
by the opponents of the measure were arguments by infe-
rence ; and, considering the conflict of opinion among emi-
tent divines of this and other Christian communities, and
that at best argutnents by inference were of a very doubtful
character, he thought they might very well leave the reso-
blution of the doubt to the conscience of each individual,
ut, believing, as he did, that Scripture, so far from prohi-
biting, sanctioned these marriages, it was a grievance of
Which the people might justly complain, that the law of
the land was out of harmony with the revealed will of
God."-Speech of the Bishop of Ripon.
k 4 We consider that the feeling against these marriages
is in a great measure founded rather on a vague and unin-
formed assumption that they are prohibited by God's Word
than on a mature examination either of the Scriptures or
the law of the Church. We do not find that the persons
who contract these marriages and the relations and friends
who approve them, have a less strong sense than others of
religious and moral obligation, or are marked by laxity of
conduct. These marriages will take place when a concur-
rence of circumstances gives rise to mutual attachment
they are not dependent on legislation."-Report of Royal
Commissioners, signed by the Bishop of Lichfield, Mr.
Stuart, Wortley, Dr. Lushington, Mr. Blake, Mr. Justice
Williams, and Lord Advocate Rutherfurd.
" It is remarkable that while there is an express injunc-
tion against the marriage of a man with his brother's
*widow' there is no such prohibi ion against his marriage
with his deceased wife's sister. In verse 18 the prohibition
is only against marrying the wife's sister during the life-
time of the first wife, which of itself implies the liberty to
Marry the sister after her death."-Itev. Dr. Chalmers.
"I cannot bring myself to believe that the Divine law
pr hibits a man from marriage with a deceased wife's
sister; '-Dr. Musgrave, late Archbishop of York.
" He should say that such marriages as the Bill was in-
tended to legalise were not prohibited, but were tacitly per-
mitted by the words of the chapter which had been so often
quoted. He protested against the opinions expressprohed by
those who contended that there existed any Divine i-
bitio-e."-Bishop of St. David's Speech (1851).
Chafin, that hath married two sisters, upon his appeal
from your Grace and me, hangeth sell before the delegates,
and, as much as I Gan perceive, is not likely to take any
great hurt at their hands. I would they would decree it
were lawful to marry two sisters, so should the world be
out of doubt, as now it is passed away in a mockery."-
Bishop Jewel, in a letter to Archbishop Parker, dated
June, 1563. From the original, in the Archiepiscopal
Palace, Lambeth. ( Ibis opinion of Bishop Jewel was
given two years after the adverse opinion so often quoted.
This Court of Delegates, which would not condemn Chafin,
was the great Court of Appeal in all ecclesiastical causes
appointed by the King under his Great Seal. 'lt was fre •
quently filled with Lords Spiritual and Temporal, and
always with Judges of the Courts at Westminster and Doc-
tors of the Civil Law.)
""I'he Scriptures shounldotbhefghethtr,t lifeulemioliftates
against as well
such
a s of
fitith, and, as I can find nothing
marriages, I feel bound to oppose an y,uv.
e
nthat in-
terferes with the liberty of the subject.
Williams, Bart., M.A., Chancellor St.o,frs
wasDa ma
y iclent for the
's
" prohibitien of taking two sisters
lifetime only."-Milton.
" Is the marriage of a widower withn ahisillaffreawnknifeess wife's sister
Within the • prohibited degrees' ? In
honesty I am °Mud to answer-No,
neither by express veto, nor yet by implication.
I. t is interdicted
Canonical
austerity is not to he identified with morald(
seerrnr of Biblical!tyot. tnatri
menial fidelity."-B.ev. Dr. Eadie, Pr,
Literature to the United Presbyterian Church, Scotland.
shows
land.
" It appears to me, therefore, that first, as Scripture
connexion-and,
that there is nothing immoral in such a
secondly, as it is obvious that much evil would be prevented
many poor children saved from misery and ruin, by having
that person over them who, in a majority of instances,
mind would be the next best substitute for a mother, my own
is led to believe that the law of man ought to tally in this,
respect with the law of Gcd."-Itev. Canon Chatnpney,
" But has it never occurred to you, my dear Wynn, that
this law is an abominable relic of ecclesiastical tyrannyn
Of all second marriages I have no hesitation in saying that
these are the most suitable, and likely to be the most fre-
quent, if the law did not sometimes prevent them, It is