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

„

4. 4,

MARRIAGE WITH A 'DECEASED WIFE'S
sisztal.
TO ,'InE EDITOR OP THE SITN.
Stn,—The committee of the Marriage Law "Reform As-
Sociation, arc de.sii ous of again submitting to r üblic attention
the following greatly abridged Statement of Facts and Opi-
nions, tending to show the Scriptural lawfulness of mar-
iago with a deceased wife's sister, and the consequent
necessity for its legalisation in Great Britain and all
Its
colonies, in accordance with the prattice of other Christian
nations.
Representing the tens of thousanch who ace affected by
the existing law, and encouraged by extended and influen-
tial support, they pledge themselves to increased and per-
severing exertions, io obtain for all marriages with a de-
ceased wife's sifter that validity which, with the unanimous
consent of the Bench of Bishops, was accorded to all those
eele'orated before the 31st of August, 1835.
:Every day's observation yields fresh proof of the fre-
quency 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 the law of God.
With regard to the numboi. of such marriages, they
'would particularly call attention to the fact relating to the
united parishes of. St. MPrgaret and St. John, Westminster.
JOSEP I am, Sir, your obedient servant,
21 Pa U STANSBURY, M.A. Hon. Sec.
, rtiament-street, March 8, 1862.

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"Neither shalt theu take a woman to her sistr to ex her
—beside the other, in her lifetime."—Lev.e 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.
Pact 2. Marriage with a eeife's sister is expressly legislated
Tor in Leviticus xviii. 18, and there the prohibition is
istrictly limited to the lifetime of the wife.
Pact 3. The Jews, to whom, in their own languaen, the
emceed oracles were given, have always understood this mar-
ne to be impliedly permitted in Leviticus 18, and
set a to
mark of approbation on such unions by allow-
_,Vhem to take place, when there were young children
'Rabe a shorter interval after ?Ile death of the wife than in
ordheary cases,
Or
any
4. This marriage eras never prohibited by the laws
t, country in the, world before the fourth century of
he Christian era.
Pact 5: None of the Six General Councils, hell between
1e25 and A.D. 680, condemned this marriage.
Loi
,„ -,es 'act 6. During the first 500 years of the Christian era
marriage was condemned by only one provincial man-
*, that of Eliberis, in Spain, composed of 19 bishops.
1111,8 council also forbade tapers to be lighted in cemeteries
2 me 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-
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 ccenmunion.
Fact 10. Protestant Dissenters regard the prohibition of
tjthis marriage as unscriptural and inexpedient, the Deple-
es of the Three Denominations having repeatedly peti-
uwaed Parliament for its removal.
raet 11. The laws of England, Ireland, ani Scotland
aeelare all marriages lawful which are not prohibited by
°I)(1'S
.u.F.act 12. The canons, articles, and formularies of the
()Med, Church of England and Ireland, and the confession
in 24 !,h of the Scotch Church, admit the lawfulness of all
-eriages not forbidden in Holy Scripture.
Pact- 13. This marriage may be lawfully celebrated in
0V
et
country in the world, except our own.
all B
Fact 11. This marriage is lawful in Lower Canada and
'll ritieh colonies established before 183,5.
VFact 15. This marriage was practically permitted in this
eTitrY before 1835, its absolute prohibition in England
etenfl a recent innovation, dating only from that year.
.s,et 16. No complaint was made of the operation of the
taW 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 18'35 was an unjustifiable compro-
"
_use, the majority of the House of Commons reluctantly
l'ensenting to the future prohibition of marriage with a
'ceased wife's sister, as the means of procuring the legalisa-
tion of all past marriages of the kind.
pFact 18, The Bench of Bishops on that occasion con-
r to legalise marriages with a deceased wife's sister,
wrongly celebrated—a measure to which it was impossible
3' sh
ould have assented had they believed the marriage
—Auary to the Word of God.
Ftract 19. The Royal Commissioners on the Law of Mar-
ge declare that the Act of 1835 has not secured the re-
aPect or obedience of society.
Pact 20. Thousands of such marriages have been con-
erected • they are found in every town and neighbourhood
111 the ilingdom.
di act 21. Seventy-four cases of such marriages have been
Jon'jleBr4e 'trod in the united parishes of St. Margaret and St.
trod
son act 22. Society, almost without exception, regards per-
acsis so united as scripturally married, and worthy of re-
theirand in so doing condemns the law which declares
marrie void.
Fact More 23. than 400 clergymen of the Church of
'ke
*gland in and around London, besides numerous others in
Parts of the kingdom, have petitioned for the removal of
raiding rohibition.
eeet
15:0 there
t, 24. Twenty-three Spiritual Peers, including two
is "e'eshops, have declared it to be their opinion that the scriptural prohibition of the marriageos. Fact 2.1. Eleven Deans, and more than 35 other clergy-
Men of the Established Church in Ireland, have expressed
Rdec ided opinion that this marriage is not prohibited in
Scripture,Pact 26. Petitions having I,ll9,3Mgnatures 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."
OPINONS.
"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
particular ease."—Archdeacon Hare's Charge.
"I will Undertake to say that in no part of the civilised
world ie there to
especiall in be found a mor
pie,e moral and intelligent peo-
y regard to the intercourse of the sexes,
than are the people of the State of Massachusetts; and yet,
any 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 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
connecting 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
Motepe."—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.
by arguments attempted to be drawn from Scripture
"Y te epponents of the measure were arguments by infe-
r°rlee ; and, considering the conflict of opinion among emi-
nent divines of this and other Christian communities, and
that at best arguments by inference were of a very doubtful
Character , he thought they might very well leave the reso-
lution of the doubt to the conscience of each individual.
llut, believing, as he did, that Scripture, so far from prohi-
biting
'which, sanctioned these marriages, it was a grievance of
the people might justly complain, that the law of
G° d..
land was out of harmony with the revealed will of
d, ."—Speeeh of the Bishop of Ripon.
" 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
f
religious and moral obligation, or are marked by laxity
onr_
conduct. These marriages will take place when ae c
rence of circumstances gives rise to mutual attachment
they are not dependent on legislation."—Report of
_R y_arl.
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
inarry the sister after her death."—Rev. 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.
" lie should say that such marriages as the Bill was in-
tended to legalise were not prohibited, but were tacitly per-
'flitted 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).
" Chafin, that bath married two sisters; upon his appeal
from your Grace and me, hangeth still before the delegates,
and, as much as I San 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." -1-
Bishop Jewel, in a letter to Archbishop Parker, dated
Jane, 1563. From the original, in the Archiepiscopal
Paine, Lambeth. ( Phis opinion of Bishop Jewel was
given two years after the adverse opinion so often quoted.
This (3ourt 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-
qnently filled with Lords Spiritual and Temporal, and
always with Judges of the Courts at Westminster and Doc-
tors of the Civil Law.)
" The Scriptures should be the rule of life as well as of
faith, and, as I can find nothing that militates against such
Marriages, I feel bound to oppose any proposition that in-
,
terferes with the liberty of the subject.' —Rev. Sir Erasmus
Williams, Bart., M.A., Chancellor of St. David's,
" The prohibition of taking Wu sisters was meant for the
lifetime only."—Milton.
" Is the rn arriage of a widower with his late wife's sister
Within the • prohibited degrees' ? In all frankness and
honesty I am obliged to answer—No. It is interdicted
neither by express veto, nor yet by Canonical
austerity is not to be identified with moral purity or matri-
menial fidelity."—Rev. Dr. .Eadie, Professor of
Biblical
Literature to the United Presbyterian Church, Scotland.
" It appears to me, therefore, that first, as Scripture shows
_
that there is nothing immoral in such a connexion—and,
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,
would be the next best substitute for a mother, my own mind
is led to believe that the law of ma' ought to tally in this
respect with the law of God."—B,ev. Canon Champneys.”
But.
has it never occurred to you, my dear Wynn, that
tOf his law is an abominable relic of ecclesiastical tyranny ?
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