The Sun.
London, England, 1862-03-11 00:00:00

MARPIIAGE Vitali A DECEASED WIFE'S
SISTER.
TO THE EDITOR OP THE StIX.
SlR,—The Committee of the Marriage Law Reform As-
sociation are desirous of again submitting to public attention
the following greatly abridged Statement of Facts and Opi-
nions, tending to show the Scriptural lawfulness of mar-
riage 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 the tens of thousands who atbe affected by
the existing law, and encouraged by exte:aded and influen-
tial support, they pledge themselves to increased and per-
severing exertions to obtain for all marriages with a de-
ceased wife's sister that valid;:cy which, with the unanimous
consent of the Bench of I.l,:ishops, was accorded to all those
celebrated before the S'ist of August, 1835.
Every day's '.)-bb,:rvation yields fresh proof of the fre-
quency of the'ae marriages, of their happy:results to mother-
less childoln, and of the favourable estimation in which
they are Cola by society, and the committee feel increas-
ingly Cronfdent that, as the result of patient effort and tem-
perate d'iscussion, the law of the land On this important
pint 'will, at no di,tant period, be brought into conformity
tot}ae law of God.
h regard to the ember of such marriages, they
'would particularly call atter.tion to the feet relating to the
united parishes of Sc. Ma:•garet and St. John, Westminster.
I am, your obedient
21, l'arliament servant, JOSEPT S'rANSBURY, M.A , Hon. Sec.
freet, March 8, 1862. *

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4‘ Neither shalt thou take a woman to her sister to vex her
--beside the other, in her lifetime."-Lev. xviii., 18.
FACTS.
Prohibited,
Fact 1, Marriage wine a deceased wife's sister is nowhere
whether expressly or impliedly, either in the
Old or New Tests. expressly
Fact 2. Marriage with a sk ife's sister is expressly legislated
for in Leviticus xviii. 18, and there the prohibition is
strictly limited to the lifetime of the wife.
as Fact 3. The Jews, to whom, in their own 'angels age, the
ered oracles were given, have always ur derstood this mar-
ge to be impliedly permitted in Leviticus xviii., 18, and
et a sPecial mark of approbation on such unions by allow-
ing t
,withilletn to take place, when there were young children
cl a shorter interval after the death of the wife than in
ordie
-are' cases,
act 4. This marriage was never prohibited by the laws
oft
arty country in the world before the fourth century of
sue Christian era.
A tact 5. None of the Six General Councils, hell between
325 and A.D. 680, condemned this marriage.
Fact 6. During the first 500 years of the Christian era
theis marriage was condemned by only one provincial coun-
„,edh
1, that of Eliberis, in Spain, composed of 19 bishops.
in is co
uncil also forbade tapers to be lighted in cemeteries the daytime, that the spirits of the saints might not be
disturbed, and required bishops, priests, and deacons to live
aPart from their wives.
Fact 7. The Church of England nowhere claims autho-
rity to prohibit any marriage net contrary to Holy Scrip-
*tire,
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 tif her communion.
_ Fact 10. Protestant Dissenters
regard the prohibition of
this tearriage as 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, anti Scotland
declare all marriages lawful which are not prohibited by
God's law.
e_lyact 12. The canons, articles, and formularies of the
of
jted Church of England and Ireland, and the confession
nit faith of the Scotch Church, admit the lawfulness of all
ai,rnages not forbidden in Holy Scripture,
...„et 13. This marriage may be lawfully celebrated in
"r.e....Y country in mar world, except our own.
Fact 14. This riage is lawful in Lower Canada and
In all British colonies established before 1835.
Fact 15. This marriage was practically permitted in this
bang a recent innovation, dating Jnly from that year.
iawse act 16. No complaint was made of the operation of the
as it Stood before 1835. Neither in this nor in any
other
e'euntry has it been shown that the permission of this
I.lage has been attended with injurious consequences.
nifZ act,l7. The Act of 1835 was an unjustifiable compro-
tne majority of the House of Commons reluctantly
:iciliseriting to the futuro prohibition of marriage with a
tie,sceased wife's sister, as the means of procuring the legalise-
u;l Of all past marriages of the kind.
tej-c act 18. The Bench of Bishops on that occasion con-
lt
ev i°ed to legalise marriages with a deceased wife's sister,
they celebrated-a measure to which it was impossible
4y to
totrareY ahould
the Word of God have assented had they believed the marriage
~
eess'pct 19. The Royal Commissioners on the Law of Mar-
ge declare that the Act of 1835 has not secured the re-
seet or obedience of society.
tra'act 20. Thousands of such marriages have been con-
eted theare found in every town and neighbourhood
the
y
Fact tun gdom.
di..s.,4cE 21. Seventy-four cases of such marriages have been
.7„17 tred in the united parishes of St, Margaret and St.
"„e; Westminster.
pact 22. Society, almost without exception, regards per-
eiii"°lllB so united as scripturally married, and worthy of re-
t, and in so doing condemns the law which declares
nlarriage void.
aet 23. More than 400 clergymen of the Church of
alli,,gl,,ar in and around London, besides numerous others in
tliertni the kingdom, have petitioned for the removal of
Fa nung prohibition.'
Libt. 24,
Twenty-three Spiritual Peers, including two
fet. ‘B"°PS, have declared it to be their inon that there
eaci scriptural prohibition of these marriages,
Fact 25. Eleven Deans, and more than 350 other clergy-
men of the Established Church in Ireland, have expressed
set. decidedripteopinion that this marriage is not prohibited in
'act 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.
Fact 28. Property left to a wife's sister pays a legacy
duty of 10 per cent., as to a " stranger in blood.'
t"
Had Had the intentions of the Law-Giver been to prohibit
the marriage of a wife's sister altogether, even human wis-
dom would never have taken a coarse so sure to defeat its
purpose, as to lay down a rule forbidding it solely in one
L ttrular case.' -Archdeacon Hare's Charge.
world tii,:ll
hundertake to say that in no part of the civilised
esearollyto be found a more moral and intelligent peo-
ple,peci
in regard to the intercourse of the sexes,
than are the people of the State of Massachusetts; and yet;
illy lords, in that State the marriages which the noble lord
()seeks to legalise are consistent with the law. They are not
nly legal, but they are of constant occurrence."-Speech
of !,-ITotcl LYndhurst.
reeiiiseerns to be established and admitted that the moral
otf 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 eor sidering themselves to commit any moral
'Pence do contract marriages which the law prohibits.
rlytt 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
"1, especially among the middle and lower classes of the
maunity Speech with great pleasure give my vote for the
nicitiOne''- of Lord Palnierston.
I must say that I have satisfied myself that there is not
ntlY religious prohibition of these marriages. I think where
Persons feel that they can without scruple contract them
tITY should be allowed to do so."-Speech of Earl Russell.
.Y the The arguments attempted to be drawn from Scripture
epponents of the measure were arguments by infe-
rence ; and, considering the conflict of opinion among emi-
_l,lseoiat divines of this and other Christian communities, and
t at best arguments by inference were of a very doubtful
?baracter, ho thought they might very well leave the reso-
rtiVlution of the doubt to the conscience of each individual.
ut, believing, as he did, that Scripture, so far from prohi-
ng,
thisanctioned these marriages, it was a grievance of
eh the people might justly complain, that the law of
e land was out of harmony with the revealed will of
" ":1•----Speech of the Bishop of Ripon.
is in " We consider that the feeling against these marriages
a great measure founded rather on a vague and unin-
+arreed 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 f
conduct. These marriages will take place when a concur-
rencet;
of circumstances gives rise to mutual attachren
Royal
they are not dependent on legislation."-Report of
Commissioners, signed by the Bishop of Lichfield, Mr.
Stuart Wortley, Dr. Lushington, Mr. Blake, Mr. Justice
Williams, and Lord Advocate Rutberfurd.
,s " It is remarkable that while there is an expressinju
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
isl
only against marrying the wife's sister during the ife-
Lime of the first wife, which of itself implies the liberty to
•"14/Ty the sister after her death."-Rev. Dr. Chalmers.
"I cannot bring myself to believe that the Divine law
Pr hibita a roan from marriage with a deceased wife's
i1i5,,t61."-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-
knitted by the words of the chapter which had been so often
quoted, Ile protested against the opinions expressed by
those who contended that there existed any Divine
prohi-
bition."-Bishop of St. David's Speech (1851).
" Chafin, that bath married two sisters, upon his appeal
from your Grace and me, hangeth still before the delegates,
and, as much as I can 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. Olds 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. It 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.)
" The Scriptures shouldbethethrautlemioliftaltiefoe
againstas e l well as
such
nohf
y
faith, and, as I can find nothing
Marriages, I feel bound to oppose an
proposition that in-
terferes with the liberty' of the subject,"-Rev. Sir Erasmus
'Williams, Bart,, M.A. Chancellor oft St.
was.Da meant for thevid's.
" The prohibition of taking two sisters
lifetime onl " Milton.
? In all frankness an
within the • prohibited degrees
" Is the ym'ar-riage of a widower, with his late wife's sisterd
Canonical
honesty I am ob:iged to answer-N,o•
neither by expross veto, nor yet by line or matri-
It is interdicted
austerity is not to be identified with purityuperiroaftessor
Menial fidelity."-Rev. Dr. Eadie,
Literature to the United Presbyterian Church,
Scripture show
of Biblical
" It appears to me, therefore, that first, as
that there is nothing immoral in such a conn
be prevented,
secondly, as it is obvious that much evil would
instances,
exion Scotland.
ands
13tany poor children saved from misery and ruin, by having
that person over them who, in a majority of
would be the next best substitute for a mother, my ownmind
is led to believe that the law of man ought to tally in this
respect with the law of Gco."-Rev. Canon Champney.9a.
" But has it never occurred to you, my dear Wynn/ tn this law is an abominable relic of ecclesiastical tyranny r
Of all second marriages I have no hesitation in saying that
these are the most suitable, and likely to be the most fre-
TAW, if the law did not sometimes prevent them, It is