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

MARRIAGE WITH A DECEASED WIFE'S
SISTER.
TO THE EDITOR or THE SUN.
Sin,—The Committee of the Marriage Law Reform As-
a3ociation are desirous of again submitting to rublic 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 rho are affected by
the existing law, and encouraged by extended 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 validity which, with the unanimous
consent of the Bench of Bishops, was accorded to all those
celebrated before the 31st of August, 1835.
Every day's observation yields fresh proof of the fre-
quency of these marriages, of their ha results to mother-
less children, and of the favourable estimation in which
they are held by society, and the committee feel inereas-
high/ 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 the law of God.
With regard to the number of such marriages, they
would particularly call attention to the fact relating to the
united parishes of St. 'Margaret and St. John, Westminster.
I am. Sir, your obedient servant,
JOSEPH STANSBURY, M.A., Hon. Sec.
21, Parliament-street, March 8, 1862.

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"Neither shalt thou take a woman to her sister to vex her
--t,eside the other, in her lifetime."-Lev. xviii., 18.
FACTS.
Fact 1. Marriage with a deceased wife's sister is nowhere
Old or Newprohibited Testa whethermentre expssly or impliedly, either in the
Fact 2. Marriage with a a ife's sister is expressly legislated
ler
ct ;
141 Leviticus xviii., 18, and there the prohibition is
atriy limited to the etime of wife.
Fact 3. The ewe toff whom, inthe their own language, the
gar.red oracles were given, have always understood this mar-
riage to be impliedly permitted in Leviticus xviii., 18, and
set a special mark of approbation on such unions by allow-
ing them to take place, when there were young children
withj a shorter interval after the death of the wife than in
ordinary cases,
Fact 4. This marriage was Dover prohibited by the laws
of any country in the world before the fourth century of
he Christian era.
Pact 5. None of the Six General Councils, hell between
A.D. 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
apart from their wives.
Fact 7. Trio Church of England nowhere claims autho-
rity to prollibit any marriage net contrary to Holy Scrip-
tire.
Facf, 8. The Roman Catholic Church does not regard
thisFmerriage as forbidden in Scripture.
Fact
se not enlun
9. Thheer of
tho
AGreemkCibeeu.
this Church allows such marriages to
Fact 10. Prote'stant Dissenters regard the prohibition of
ruar'
riv-e as unscriptural arid inexpedient, the Depu-
ties of taeThree Denominations having repeatedly peti-
llonnd Parliament for its removal.
_ Fact 11. The laws of England, Ireland, and Scotland
declare all marriages lawful which are not prohibited by
G4302s law.
Fact 12. The canons, articles, and formularies of the
'United Church of England and Ireland, and the confession
of faith of the Scotch Church, admit the lawfulness of all
Marriages not forbidden in Holy Scripture.
_ Pact, 13. This marriage may be lawfully celebrated in
every country in the world, except our own.
Fact 14. This marriage is lawful in Lower Canada and
in all British colonies established before 1835.
rFact 15. This marriage was practically permitted in this
a.,ctrri before 1835, its absolute prohibition in England
e!og a recent innovation, dating only from that year.
Fact 16. No complaint was made of the operation of the
law as it stood before 1835. Neither in this nor in any
other country has it been shown that the permission of this
marriage has been attended with injurious consequences.
Pact 17. The Act of 1835 was an unjustifiable compro-
Nee, the majority of the House of Commons reluctantly
e.onsenting 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.
Fact 18. The Bench of Bishops on that occasion con-
sented to legalise marriages with a deceased wife's sister,
Previously celebrated-a measure to which it was impossible
they atiould have assented had they believed the marriage
contrary to the Word of God.
„_,Vact 19. The Royal Commissioners on the Law of Mar-
riage declare that the Act of 1835 has not secured the re-
spect or obedience of society.
Fact 20. Thousands of such marriages have been con-
ray th ed ; 'acte they are found in every town and neighbourhood
kingdom.
_ Fact 21. Seventy-four cases of such marriages have been
discovered in the united parishes of St. Margaret and St.
4 eh; Westminster.
Fast 22. Society, almost without exception, regards per-
sons so united as scripturally married, and worthy of re-
t
shPeeicrt,manardriagine so doing condemns the law which declares
Fact 23. More than 4043 clergymen .of the Church of
!rgland in and around London, besides numerous others in
all
the x par
existing prohibition.
act 24. Twenty-three Spiritual Peers, including two
Archbishops, have declared it to be their opinion that there
is So scriptural prohibition of these marriages.
Fact 25. Eleven Deans and more than 350 other clergy-
Men of the Established Church in Ireland, have expressed
a 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.
Fact 28. Property left to a wife's sister pays a legacy
(WY of 10 per cent,, as to a " stranger in blood."
OPINIONS.
the" Had the intentions of the Law-Giver been to prohibit
%tiamarriage of a wife's sister altogether, even human wis-
do age
never have taken a course so sure to defeat its
taiPB,, ulltras I will eatose
world lay down a rule forbidding it solely in one
-Archdeacon Hare's Charge.
undertake to say that in no part of the civilised
the„„l is there to be found a more moral and intelligent peo-
' especially in regard to the intercourse of the sexes,
mY an are the people of the State of Massachusetts ; and yet,
lords, in that State the marriages which the noble lord
seeks to legalise are consistent with the law. They are not
only legal, but they are of constant occurrence."-Speech
of Lord Lyndhurst.
" It seems 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 soosidering themselves to commit any moral
offence do contract marriages which the law prohibits.
:Chat is not a state of things which ought to exist; and not
ceing of opinion that there is any moral objection to the
eonti acting 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
ceearaunity, I shall with great pleasure give my vote for the
Motion."-Speech of Lord Palmerston.
" I must say that I have satisfied myself that there is not
toll' 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.
by the
7he arguments attempted to be drawn from Scripture
cpponents of the measure were arguments by infe-
"'lee ; and, considering the conflict of opinion among emi-
nent divines
a of this and other Christian communities, and
that at bestarguments by inference were of a very doubtful
Character, he.thought they might very well leave e reso-
lution. oethe
the doubt to the conscience of each individual.
at, believing, as he did, that Scripture, so far from prohi-
ui,
,_tiug, sanctioned these marriages, it was a grievance of
vfnich the people might justly complain, that the law of
9ae land was out of harmony with the revealed will of
ued."-Speech of the Bishop of Ripon.
o" We consider that the feeling against these marriages
4." 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
° aPprove religious andthemom, have a I.ss strong sense than othr of
moral obligation, or are markehdehbya leaxeenits
eyuro!
conduct. These marriages will take place w
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. Lushinton, Mr. Blake, Mr. Justice
Williams, and Lord Advocate Rutherford.
" It is remarkable that while there is an express injunc-
tion
wagainst the marriage of a man with his brother's
othere is no such prohibiion against his marriage
With his deceased wife's sister, In verse 18 the prohibition
112 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."-Rev. Dr. Chalmers.
"I cannot bring myself to believe that the Divine law
Prehibits a man from marriage with a deceased wife's "
Wat,r."-Dr. Musgrave, late Archbishop of York.
Ile should say that such marriages as the Bill was in-
Leaded to legalise were not prohibited, but were tacitly per-
reitted by the words of the chapter which had been so often
quoted. He protested against the opinions expressed by
those who contended that there existed any Divine prohi-
bition."-bishop of St. David's Speech (1851).
t‘ Chafin, that hath married two sisters, upon his appeal
from your Grace and me, hangeth sell before the delegates,
cad, 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."--e
13ishop Jewel, in a letter to Archbishop Parker, dated
"lice> 1563. From the originl, in the Ahiepisal
Palace, Lambeth. ( This opinioan of. B. 'shoprcJewel wopas
given two years afteeier th adverse opinion so often qeuhotfied.
'Ns Court of Deletes,e which would not condemn an,
Was the great Court of Appeahl is Gee
in alrlet Seal.ecesiastilctalwceasu gees
.
appointed by the King under .
()neatly filled with Lords Spirztuallveasntdmiln'estemrpoareadl,Daened. always with Judges of the Courts at
Doc-
tors of the Civil Law.)
fai‘:lll:hanedS,earsipltucarensfisnholunidotbh
einighethrluttlemioliftaltiefse against 'twine! tl such
elf
Marriages, I feel bound to oppose any proposition
Sirprotpeositi. untrheastmines-
terfNes with the liberty of the subj cct
*Williams, Bart ,
It
M.A. Chancellor of St. David's.
tio
iire"tiTnihe
e y.artiag. on.
M.A.
two sisters was meant for the
"Is the m
of a widower with *wife's s
i
within the • prohibited demos' ? In all
honesty I a oleiged to answ It is interdicted
answer-No. It frankness
rn
neither by express veto, nor yet by implication.
Canonical
austerity is not to be identified with med n
Purity or matri-
monial tidelity."-Rev. Dr. Bridle, Professor of Biblical
Literature to the United Presbyterian Church, Scotland.
It appears to me, therefore, that first, as Scripture shell?,
that there is nothing immoral in such a connexion-a
B,e"ndlY, as it is obvious that much evil would be prevented,.
-"any, Poor children saved from misery and ruin, by having
that person over them who, in a majority of instances,
would be the next best substitute for a mother, my own mind
is led to believe that the law of man ought to tally in this
respect with the law of Gcti."-Rev. Canon Champneys."
" But has it never occurred to you, my dear 'Wynn, that
this law is an abominable relic of ecclesiastical tyranny?
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