The Sun.
London, England, 1859-07-16 00:00:00

THE SUN, LONDON, SATURDAY • EVENING, JULI 16, 1859.

tation, namely, the marrying of two sisters together. This
verse (Leviticus xviii. 18) seems not to contain a prohibition
of it (viz., marriage with a. deceased wife's. sister). Such re-
strictions as pride, covetousness, or human
policy have super-
added, do not seem to have proved beneficial to mankind." --
Scott. -
"With regard to the Scriptural argument, it would ill be-
come him to give a confident opinion upon it, when he found
the Right Rev. Prelates having considerable doubt, and no
small discrepancy. among themselves."—Speech of Lord
Brougham.
" I have an amendment to move to the second clause—it is,
That there be excepted from the operation of the Bill, cases
of marriage with the sister of a deceased wife where there is
a child or children under 12 years of age.' There can be no
doubt that there are many cases in which it may be of essential
importanee both to the father and the children that such a
marriage should be permitted."—Speech of J. P. Plumptre,
Esq., M.P., 1835. •
"The amendment proposed by the honourable Member is
one of very great importance, but I fear that, at this period
of the Session, it would be impossible to bestow upon it the
consideration Os which it is entitled. Perhaps, the better
course to adopt would be not to interfere with 'the Bill, by
persevering with this amendment, but to propose next Ses-
sion a short Act upon the subject to which it refers."—Speech
of Dr. Lushington, following Mr, Plumptre, 1835.
" Is the marriage of a widower with his late wife's sister
within the 'prohibited degrees ?" In all • frankness and
honesty gm ()bilged to answer—No. It is interdicted neither
by express veto, nor yet by implicatfon. Canonical austerity
is not tO be identified with moral purity or matrimonial
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 se-
condly, 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 fora mother, my own mind is led
to believe -that the law of man ought to tally in this respect
with the law of God. —Reg. Canon Champneys.
But has it never occurred to you, my dear Wylie, 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 frequent, if the
law did not sometimes prevent them. It is quite monstrous,
judges and lawyers speaking as they have done of late, upon
this subject."—Robert Southey.
" I have never heard upon what principle of policy the law
was made prohibiting the marriage of a man with his wife's
sister, nor have I ever been able to conjecture any political in-
convenience that might have been found in such marriages, or
to conceive any moral turpitude in them."—Dr. Benjamin
Franklin.
" Having again carefully examined the question and con-
sulted some of the highestauthorities in Hebrew literature as
to the meaning of the Scripture passages, I am confirmed in
the opinion formerly expressed, that marriage with a deceased
wife's sister is not only not prohibited, either expressly or
by implication,' but that, according to Leviticus xviii., 18
(concerning the translation of which there is not the least un-
certainty), such marriage is plainly allowed. "—Rev. Alexander
M'Caul, D.D., Professor of Divinity and Hebrew Literature in
King's College, London,
" Are you of opinion that there is any prohibition in Scrip-
ture against such marriages?"—"No ; I am quite satisfied to
the contrary.' =Evidence of Rev. J. Garbett.
" People in general do not consider such marriages impro-
per. They cannot be proved to be improper by Scripture. The
question is therefore one of expediency, and my experience as
a parochial minister induces me to think the measure expe-
dient. On these grounds, it ever a Convocation be called, and
I 13, elected one of the proctors, I shall move for an alteration
in this regard in the table of kindred and affinity. Until this
be the case. I shall be glad to see such marriages legalised by
the civil rite."—Dr. Hook, Dean of Chichester. ' , •
" From all 'I have been able to learn on the question
whether a, man may marry a deceased wife's sister,' my
opinion is, that neither does Holy Scripture anywhere forbid
it, nor ever did ,the Jews."—Rev. Dr. Lee, late Professor of
Hebrew in the University of Cambridge. •
" Were the prohibitions founded ou Scripture we ought, at
whatever sacrifice, to obey God rather than man; but I cannot'
see the expediency of a law which,jhaviug no such sanction, is
observed only by the scrupulous, evaded by the wealthy, and
defied or disregarded by the poor."—Rev Canon Dale.
" It is not only not considered as prohibited, but it is dis-
tinctly understood to be permitted; and on this point neither
the Divine law, nor the Rabbis, nor historical Judaism, leaves
room for the least doubt. I can only reiterate my former as-
sertions that all sophistry must split on the clear and unequi-
vocal words, Lev. xviii., 18, •in her life time.' "—Evidence of
Dr. Adler, the Chief Rabbi of the Jews in England.
" This text, expressed in this manner, shows that it is not
permitted to have as wives two sisters at the same time, as
Jacob had Rachel and Leah, but only in succession ; and this
is the sense which appears the most clear and the most prob-
able. . . . Analogy is not always a means of judging re-
specting positive laws." -Calmet.
• He asked them to reflect that the parting request of many
a dying wife was that the man should marry her sister, which
was the best testimony to the feeling of woman in this matter.
Such marriages were not repugnant to nature nor to Scrip-
ture ; and if they did but look calmly at these facts, sure he
was that the day was not far distant when the obnoxious law
would be repealed,"—Speech of the Rev. J. C. Miller, D.D.
"Within the meaning of Leviticui, and the constant prac-
tice of the commonwealth by tho Jews a man was prohibited
to marry his wife's sister only during her life; after he
might—so the text is. This perhaps is a knot not easily un-
tied, how the Levitical degrees are God's laiv in this king-
dom, but not as they were 'in the commonwealth of Israel,
when first given."—Chief Justice Vaughan.
"As no clear and strong case has been made out of impor-
tant advantage to the public from such restriction, I take my
stand on the broad general principle, that every restriction is
an evil in itself—the burden of proof lying upon the advocates
of any restriction to show its necessity." . . . . "You
are at liberty to refer to me as approving of the abolition of
the restriction on marriage to which you allude."—Archbp.
Whately, in a letter to G. A. Crowder, Esq.
"I speak advisedly when I say that I come here prepared to
offer my opinion, that, theologically-, it is correct that such
marriages shou:d take place; I seeno ground whatsoever on
account of which such marriages may not be legalised."—
Evidence of Rev. J. Hatchard.
-
"In the Indies—if a husband has lost his wife, he does not
fail to marry her sister ; and this is extreme y natural, for his
new consort becomes the mother of her sister's children, and
not a cruel step-mother."—Montesquieu.
" I admit that a marringe with a wife's sister is not forbid-
den in Leviticus."—Bishop of Lincoln (Dr. Kay).
"Has Defer had. Jecasion to observe, either in the mill-
cluing or poorer classes, any injury or immorality arising from
such marriages ; never admonished he any of those parties
that they were acting in breach of the divine law, because
never believed it. The great inducement to these marriages
is, that these parties have a better opportunity than is gene-
rally,afforded of being acquainted with each other's real cha-
racter and disposition."—Evidence of the Rev. J. F. Denham,
M.A., F.R.S.
Such marriages, I apprehend, are nearly as frequent as
the circumstances which usually gave rise to them. I have
not known any social disadvantages attending them"—
Bishop M'llvane, United States.
"I do not know—l never heard of any social disadvantages
attending such marriages of any description whatever, and
am totally at a loss to conjecture what disadvantages' can
be referred to."—Rev. J. L. Pomroy, United States.
" As far as you know, the general moral feeling of the
people would not be offended by a relaxation of the law and a
permission for these marriages to be had?"—" I know of no
objection to it. I never met with a person who had an objec-
tion to it ; I never met with a person out of Parliament who
joined with the law, and took the same view which the Legis-
lature does of these marriages."—Evidence of R. Cobden,
Esq., ,M.P.. -
" In 1835 a most important statute had been passed by that
House, under somewhat peculiar circumstances, and he might
also say, of haste and want of due deliberation, materially
affecting a portion of the marriage laws of this country. In
this case the voice of Heaven was silent, and that of man
had been 'given with a hesitation and confusion of utter-
ance that deprived it of its due authority."—Speech of Lord
Francis Egerton (now Earl of Ellesmere), in the House of
Commons.
`That our Established Church should select one point of
the Canon law, and establish an arbitrary limit without giv-
ing any power of dispensation, was, he was sorry to Say, a
very great tyranny, and one which he felt convinced that the
true principles of the Church of England did not sanction. "
Speech of 11.-Monckton Milnes, Esq., 31. V.

.. it is remarkable that while the is an express
se
e.t:tseofee_'usrwlf.nti injunctiontioidfemerervy,nda_.,
s
against the marriage of a man with his
atwhhaibrother'siveeherriiyistte deihjhtne:weusgaotmsietfadth:ttii. ow, there
verseip sisi nte
eisos:
tosldhtuBhuec
thirlhniinpegbgreiporstrtl
hiumyi
prohibition
toi
orblt
ieitmfoteetnotauli
nmrna
myetasioontnfuhs
utiethnl
ylesiaiif dseaortte c esnwa
after
aiat—tflse
relme,
Dr. Chalmers.
it
Ame-
rica than second marriages of this sort ; and so far from being
doubtful as to their moral tendency they are among s
deemed the very best sort of marriages. ..In my whole lifeul
nssui reas ou nu s . against'
none 'me ruhraelarudr tdhuemsleiagthictecust
United States.
"Whence, I pray you, is this rigour of man against man,
which God' has not raquired ? Who has given to men this
power (of annulling or prohibiting marriage)? Be• it that
they were holy men, and influenced by pious zeal : why should
another's zeal infringe my liberty ? Let any one be as .zea-
lous and as holy itS he, will, so that he does not injure his
neighbour or rob him of his liberty. Let them arm themselves
with the Divine law, and say, ' What God bath • joined to-
gether let not man put asunder.' The union of husband and
wife is ot Diviner ight, which is binding, however contrary it
may be to human laws, and the laws of men ought to yield to
it without reserve. For if a •man leaves father and mother to
cleave to his wife, how much rather shall he trampleleave under
foot the contemptible and unjust laws of men, and c to
Vhat God hath
his wife ? And Pope, Bishop, or officer, if he dissolve any
marriage contracted in opposition to. merely human is
Antichrist, a violator of nature a traitor a.,,a nst the Divine
.130liajnedest,yle;t fonro tmhaatnsepnutettherefore,
those
cursed traditiOns of men, which have been brought in only to
multiply dangers, offences, and miseries in the Church."—
Mltsts:
sentence
asunder.'—Perish, still
e r
Church."—
Luther.
any-
thing in the Word of God which forbids the marrying of a
"His first duty was to ascertain whether there was
widower with a sister of his deceased wife. He looked care-
fully, he endeavoured earnestly to come at the truth, and he
was perfectly convinced that there"
•
31 h It Spooner,
was northing g in the Scrip-
tures which prohibited that act. Sp
Esq. M. P.
" I' believe such marriages a's you wish to make lawful are
already lawful, according to the letter and spirit of Holy
speedily be made conformable to the Divine."—Dr. Close,
Scripture, and I hope the civil and ecclesiastical law will
Dean of Carlisle.
restriction."—Archdeacon of Derby.
" My opinion of the law has long been that it is an impolitic
"Moses does not prohibit marriage with the sister of a
deceased wife."—Rosenmuller.
" In her lifetime,' because when she was dead he might
marry her sister."—Menochius.
In her lifetime.' This sufficiently indicates that he per-
mitted it when the wife was dead, otherwise than in the case
of two brothers."—Jansenius.
" Thou shalt not marry two sisters at the Same time, as
Jacob did Rachel and Leah, but there is nothing in this law
that rendered it illegal to marry a sister-in-law when her
sister was dead."—Dr. Adam Clarke.
" The meaning therefore is this :--Thou shalt not take a
woman as a wife at the same time with her sister ; for when
the wife was dead it was allowed to marry her sister."—
Paging.
"Certainly, after the death of the wife, it was permitted to
the husband to marry her sister, because she (the sister) is
not among the other enumerated kindred of the wife."—
Rabbi Levi.
"Both sides use various arguments to show what degrees
are prohibited from analogy with those forbidden in the law
But unless it be a manifest thing, and the inference altogether
undeniable, it is something presumptuous, from mere analogy,
to add to the Divine law."—Joannes Clericus.
"The three grounds upon which tho petition proceeded
were in perfect accordance with his own convictions, as he
fully believed they were also with the mind of England and
the general sentiment of society, upon the subject to which
the petition referred. The three points upon which the peti-
tion was especially groundkd were these first, that such mar-
riage was not forbidden by the Word of God ; second, that
there was no consanguinity or blood relationship existing
between the parties ; and third, that such a marriage was
wholly unobjectionable on moral considerations. Speech of
Rev. J. B. Owen.
"You are understood to state that you are of opinion that,
so far as the interpretation of Scripture goes, either in the
Mosaic or Christian dispensation, there is nothing repugnant
to those marriages ?"—" There is nothing repugnant in my
opinion. '—Evidence of Rev. R C Jenkins.
e
The Petition was probably e.
ntrusted to me in consequence
of my having declared without hesitation that the marriage
of a sister of The wife was not prohibited by the Levi-
tical Law."— late Bishop of Llandaff.
" I shall only adkthat all persons who voted for the Act of
Parliament which legalised such marriages of that descrip-
tion as had taken place, nay, all who had an opportunity of
opposing-that Act, and did not oppose it, must be regarded
not
as
subscribing to the declaration that those marriages were
in opposition to the Word of God."—The late Bishop of
Meath
" Without prsuing the subject further, I shall give it as
my opinion that the marriage in question isnot against either
nature or the law of God."—Rev. T. Binney.
" My opinion is certainly in favour of the relaxation of the
law prohibiting the marriage of a widower to his late wife's
sister."—The Chancellor of the Diocese of Exeter.
"Seeing that it was not against the law of God—seeing the

mat social evils which arose from the restriction, and be-
lieving that there was no comparison between the social ad-
vantages and the social disadvantages arising from this cause;
be should give the measure his cheerful :ascent."—Speech of
the Duke of Norfolk.
"The ancOnt Roman law permitted the marriage of two
sisters in, succeSsiOn."-Heineccius.
"Are marriages of this description considered in Germany
to be at all contra bonos mores ?" " Not at all. So far from
their being Considered, contra honos mores, the feeling of the
people of Germany_is undoubtedly in favour of such mar-
riages." frequently happens that a widower marries
his decased wife's sister out of a pious and affectionate feel-
ing for his departed wife. And the.feelings of the women of
Germany are so strong in favour of such marriages, that it often
occurs that the last parting request by a wife on her death-
bed to her husband is, to marry her sister in case he should
feel inclined to marry again. This arises partly from affec-
tion for her surviving husband or relations, that he may not 4
become estranged from: her connexions, and partly from affec-
tion to tier sister, and very frequently, where there are young
children, for their 5ake."...." Are you aware of any evil con-
sequences from the celebration of marriages of this descrip-
tion ?"—" None whatever. I have spoken with several of my
friends; and I hay, written to some others, asking them
whether they are aware that this power of dispensation Is the
cause of any immorality in families, and their answer is, none
whatever. I am not at all aware of any."-'—Evidence of A.
Bach, Esq. • - •
" Though a man mi .ht not marry two sisters together, it
seems a natural conclusion, from the phrase 'in her lifetime,'
that he might marry the sister of his deceased wife—and thus_
we learn from Selden, the Jews, in general understood it."—.
Dr. Dodd.
" The very 'strongest reasons for engaging in a second mar-
riage contract is, frequently, to provide a suitable female head
for a amily of shall children: In such cases, who is so likely to
exercise the requisite maternal care and affection as the sister
of the deceased mother? To prohibit a marriage under such
circumstances seems to me inhuman."—Ron. Judge Mason,
United States.

" If the founders or our Church have incautiously adopted
a canon prohjhiting that which of its own mere authority it
had no right to prohibit, and which Scripture does not war-
rant it in, prohibiting, now that the evil has become apparent,
it is surely time for that'Church to rescind Such canon, and to
cease opposition to the repeal of any secular law founded upon
it."—Speech of Viscount Gage.
" Having to deal with persons of other Communions, who
did not recognize the same ecclesiastical laiv, with the 'kaftan
Catholics, who by dispensation toter :te such marriagea—there
being also Protestant. churches in 4,lodpe, ,aird Protestant
denominations in this country, who reCogflikalthe validity,
ecclesiastically speaking, of such marriages. . .It was
impossible not to feel that the civil law which declared the
illegality of such marriages, and bastardized the children, im-
posed a heavy penalty on persons who, by contracting these
marriages, did not contravene the tenets of their religious
persuasion." " Socially speaking, if a case was made
out that- morality would be endangered by the Bill, that
would be a reason for rejecting it ; but he had not heard it
established that such danger could arise. Marriage being a
civil rite, they were bound to make that ivil rite co-extensive
with the feelings of the country. He had, therefore, come to
the conclusion that it was his duty to support the second read-
ing of the Bill."—Speech of Right Hon. Sidney Herbert, M.P.
" Doubtless it was very gratifying to our national pride to
be told that a• higher standard of morals prevailed in this
country than could be found elsewhere ; but surely it could
not be denied that the •rules of chastity, were as strictly ob-
served in the North of Germany, Switzerland, and the United
States of America, its they were in England. He was entitled
to say that the evils anticipated from permitting these mar-
riages here had not manifested themselves in those countries,
for, if they had, the law which authorised them• would not
have been suffered to continue for 12 months."—Speech of
Lord Chief Justice Cockburn.

" He had before stated his belief, that if the matter came
to be investigated before the• Courts, it would turn out that
the marriage contemplated in' 'this Bill was in Scotland a
lawful marriage.; and he had goodreason for saying that that
was the opinion of an hon. Baronet, than whom no person
ever stood higher in the Church of Scotland—Sir H. Mon-
crieff. For himself; havinp: cone to the deliberate opinion
that the marriage in question was not forbidden by the law
of Leviticus, he came also to the opinion that the connection
was not a crime, and that the marriage was effectual for civil
purposes. "—Speech of the Lord Advocate of Scotland (Ruther-
ford). •

" i have known probably several scores of such marriages.
I have counted a dozen within the last three or four minutes.
Most Of them dozen belong-to the highest class of society.
One of them is A doctor of divinity. Several of them are
ministers,of the Gospel. .one.is a member of Congress. Am-
brose Spencer, the eminent Chief Justice of this State, died a
few years ago.. He married two sisters of Dewitt Clinton, the
distinguished Governor of this State. The Presbyterian
Church of this village has probably not more than 50 members.
Two of these married sisters of their wives."—Gerrit Smith,
Esq., United States.
" I express my. conviction that. Scripture says not one word
ao-ainst marriage with a deceased wife's sister. Surely it is
not a crime, and, it' it be pot, the law that constitutes so must
be, for the wOrst of all crimes is an evil and unjust law."—
Rev. Geo. Gilfillan, Dundee. . . .

" The prohibition • of such marriages is, in my judgment,
sanctioned neither by Scripture, nor by physiology, nor by
expediency."—Rev. H, Renton, Kelso, Scotland.
" He declared, most conscientiously; he could find no prohi-
bition of this marriage in the Holy Scriptures."—Speech of
the Right Hon. Stuart Wortley, Recorder of London.
" If this Marriage be lawful In the sight or God, then I go
upon the broad ground that, in such a case, nO man has a right
to impose a restriction on his fellow-man which God has not
imposed ; that the doing so can only bring it snare upon the
conscienoe,-and.be the occasion of sin ; and that no sanction
of human law can beexpected ultimately to succeed in enforc-
ing what a man feels is no transgression of the law of God."
: . . . ." That it is lawful, according to the Word of God,
I consider incontrovertibly proved by the passage in Levi-
ticus, of which I feel sure I have established the only correct
translation."•=Rev: C: J. Goodhart, M.A.

question, his conclusion was, that in no sense could tie mar-
riagesctioned by this bill be said to be op-
posed proposed to
1)
sanctioned
of T. E. Headlam, Esq., M.P. by Scripture."—Sp
city of London, in favour of this
" The petition from the
" After all the consideration he had been able to give the
others by the Lord Mayor, the o
number of the
nor of the Bank of England, and a considerable
59 rivate bankers, by the
Directors of that establishment, by p
d b 237 merchants, 146
Chamberlain of the city of Lou on, . Y
marriage, was signed by.a large
unumvebrneroorfapnedrsDoneps,uatnyd-Gamovoenrg.
'tit ne-lai-gosiamber of the persons
fortune to be acquainted In
say from hi, knowledge
who signed this petition, and he couldi • swere entitled to the
of their characters, that their,
opinions
of Lord Overstone.
solicitors, 124 barristers, and 61 physicians. It was his good
enactments of theLeviticallaw "That the
with
' condemnation of marriage
in
interpreted when applied,ter was the decided judgment of Mr.
a deceased's wife's
rBlSof our Societies ; and 1 believe that
Wesley, the founder
since been entertainei by many of those
arc entirely mis-
interpreted weight and attention ."—Speech
similar views have
,and whose competency tojudge of such a
examine the
weight to tl • conclusion."—Rev.
has given great their
question ~
Dr. Bunting,
arguments adduced
us who have been led by circumstances carefully to
" He
these
that there was a divine prohibition against
to show
was satisfied in his own mind that no such
marriages, but he
Then
among.
had given his best attention to the
thought that
preponderance cf arguments, and facts upon
.which.
the great
grounded, were in favour ef the alteration of
prohibition existed. . • . came the
arguments were
of Sir George Grey,
the effects of this merure upon society, and he
this law."—Speech question as to
Bill."—speech
{ages it is sought
" I shall endeavour to show that the mania
to legalize are not forbidden by the Word of God ; that they
are not contr try to the law of nature ; and that they are note
" lle was gt sincerely eeefr eflhyeE favourableur
l ef
nteou
inconsistent.with the interests of society. I am happy to b
able to inform the house that Lord Denman is desirous of
hth4eoubo.jehc.t of the Marriages
supporting this Bill."—Speech of Earl St. Germans.
" I believe all restrictions upon the nuptial union, unless
founded upon the law of nature; or the express Scripture, unwise and unjust ; in neither of which sources
have I found this intenlict of marriage with the sister of a
deceased wife."—John Quincy Adams, late President of the
United States.
" Everything that I have read upon this subject, for the last
authority of
20 years, has satisfied me that the objection is utterly un-
scriptural and unfounded."—Justice Story, Massa husetts.
" As far as I can judge, I do not believe one syllable of the
unlawfulness of this marriage under the Christian dispensa-
tion." Chancellor Kent, New York.
" There is no law forbidding such marriages in the state of
Massachusetts ; and, other things being equal, •they are re-
garded with favour. I have never heard of any disadvantages
attending, or supposed to attend them ; and I make this re-
mark in reference to apprehensions which, as I perceive from
theere public discussteions, prevail in Engiand."—H on. Edward
Evtt, la American Ambassador to Great Britain.
" Such
They insmpirearriages; In
Brazil, are as frequent as they can be.
no repugnance, but, A the contrary, are con-
sidered extremely advantageous where' here are children of
the former marriage ; for it is always to be presumed that the
aunt, who already knows the children of her brother-in-law,
and is connected by the ties of relationship, will prove a better
mother to them than a stepmother who is an entire stranger
to them can possibly be."—His Excellency the Brazilian Am-
bassador,
" I have perused, with much .pleasure, your letters on the
marriage of a man with the sister of a deceased wife, which
not only confirm me in the opinion which I had long enter-
tained, but must, methinks, satisfy every candid mind, that
there is not even a pretence for the assertion that such a con-
nexion is prohibited by the law of God."—Judge Livingston,
United States.
" There was no prohibition of the wife's sister, except
during the lifetime of the wife. '—Rev. Professor Robinson,
New York, Author of " Researches in Palestine," &c.
" From the fact that the prohibition of marriage with the
sister of a wife is restricted to the lifetime of the wife, it is
evident that under this prohibition is not comprehended mar-
riage with the sister of a deceased wife, the limitation, ' in
her lifetime,' leaving the marriage free after her death."—
Cardinal Cajetan.
" Moses, in Leviticus, prohibited certain marriages and per-
mitted others in the same degree. For he prohibited marriage
with the wife of a brother even after his death, and did not
prohibit marriage with the sister of a wife, unless in her life-
emlinne.Leviticus
time; and, consequently did not prohibit it with a sister of a
de,c,epasueyd
owittn"B—trCuaertdhlantalpßueelslaaor
prohibiting marriage with a deceased wife's sister, or merely
as saying that a man should not take two wises together, at
the same time being so related?"_" Certainly, that verse
appears to have the latter meaning, that two sisters should
not be living together in the same house as wives of the same
person." . . . " Is such a marriage held by your Church as
(xviii., 18) as
prohibited in Scripture ?"—" Certainly not. It is considered
a matter of ecclesiastical legislation,"—Cardinal Wiseman.
" Though it is certain that the case of marriage between
brother and Sister-in-law came before our Saviour (Matt.
xxii., 24), yet we do not find that he spake one word against
it."—Fry.
"No man has examined this subject more diligently, than
you
Fry,see the author of a pamphlet which you justly commend. and.
liam Jones.
my opinion perfectly coincides with his."—Sir Wil-
" The subject matter requires that we take the word sister
in the common acceptation of it, and then an Israelite is for-
bid to take the wife's sister while that wife is living."—
Bishop Kidder.
"The meaning of the precept is, that no man should marry
his wife's sister idleswh hat wife is living." Bishop Patrick.
The Jews regar the marriage with a wife's sister as
not unlawful. This marriage Moses permits ; but prohibits,
on the other hand, the Michaelis. marriage of two sisters at Once."—
" The civil law of Prussia accords full liberty to the marriage
ore b f a man with the sister °this deceased wife. Such marriages
ay n 0 means rare. Experience does not show that in their
consequences they differ essentially from other marriages."—
Royal Prussian Consistory, Prussian Saxony.
and when very lately this subject underwent dis-
‘, Public opinion in our country is entirely in favour of such
both our Chambers, all our six dries of the
empuragorstri:isantgaieunst, Evangelical Church, as well -as thetawo of the
Stuttgart.
(of which, thank God, there are many) against
Roman Catholic Church, pronounced themselves in its favour;
nor were there any voices raised by, the strictly religious of
.-"` t remember any passages in the records of the
" I do 110 • 1 b r
Church wine i ea on this subject Previously to the
early
enactment condemning it, but not annulling it, in
positive .
1 of Eliberis or Elvira in Spain, the most probable
the Council .
A D 306. I
f which is . • am aware that an appeal to that
—Professor Ii KaPff,
date 0
was mad-, not many years ago, in the Rouse of Lords,
Council
convinced that too much stress has been laid on the
but I
ourf co
am
mthat Council, and that its enactment cannot be re-
canon of
groundwork on which the Legis'ature of this
re-
garded as y „
au
country cl 4 safely build its own laws on the subject of mar-
riage. -
Tfathis canon on the subject of marriage be bindin on
Ctrs others,
us, •
as such, must be equally binding ,
but some
there are which are utterly at variance with our views of social
Id never find a response in the sentiments of our
duty, and con
~—Rev. James Endell ,
and nation.
Church
From various
considerations such marriages here have
mon. So far are such marriages from being
very corn become
üblic op n ,
1 on that
people are, on the contrary,
contrary to P
consider them both natural and desirable. We
inclin
• ed to that there perfect
conviction ought to exist
express our e
liberty between widowers and the sisters of their late wives
to contract such . h marriage."—Ducal Saxe-Cobourg, Ministry
in Council, "
It is my decided. conviction, after careful investigation
and consideration, that there is no direct scriptural prohibi-
tion declaring such
marriages unlawful I do not stop to con-
skier how the repeal of the present law may affect the inter-
Ouse between a husband and his wife's sister. This is not

a matter for legislation. I could not suppoi.: tire law as it
now stands."-4-Bisitep of Manchester. ' • . '
"Whether the question is considered in a religious, moral,
or social point of view, such marilages are 'unobjectionable,
while in many instances they contribute . to the happiness of
the parties, and to the welfare- of nidtherless 'children, and
among the poor, have a tendency ..to: prevent immorality."—
Petition Signed by the Bi,,hop of London (Dr. Tait), 1849.
'There is even among theppyinenta et this Bill (the Ma*
riage Bill) .a wide diversity of opinion as to there being a
Divine command Kohibiting these marriages,-and that;the:
weight of authority is against the existence of any such Divine
injunction.. If among the richer ;clasims therp is a dislike
upon sociafgroUnds to a change in HI law, that dislike rests
upon sentimehtal rather than on stibStantialgrounds ; whereas
among the poorer classes it cannot be_ denied that the law
causes great immorality and unhappiness.'.'—Speech 'of Lord
Wodehouse,3lateli 22, 1559.
" The pa,sao (Ler. xciii., 18) requires nn,tild front a canon.
It fa so clear, and so distinct, as to leave no doubt on my
blind respecting the Divine permisSion to contract these mar-
riages." l shall Vote for this Bill, because .1 consider it cal-
culated to-prevent a Vast degree of I amorality among tit.o
poor ; and because I hold the prohibition of such marriages to•
be a flagrant violation of the rights of bonscience.":--Speech of.
the Earl of. Albemarle.
•
• "We who support thisißill do not think that
wte marriage
'of ft deceased Wife's sister is opposed to the' la of God, and.
we do think that it 'is as wrong to restrict that which God
permits as to grant dispensation for that which God forbids."
—Speech of Visbount Ltffortl
"These marriages are not contrarylo the Divine command.
The scriptural argument against than seems to me to break
down, at every step. 'ln 'proportion 'ea, by, our prohibitions,
•we multiply the opportunities of temptation, and prevent the
enjoyment of any seeming advantages not in elf, in
the same proportion we extend and incr,...ase the power of the
enemy of mankind."—Speech of BishOp of Cork.
"He liacl never risen from an examination of the religious
arguments but. With a firm Conviction that these marriages
were sanctioned by the Word of God. As to the social
grounds, he could not conceive Tany reason for which the law'
should prohibit those very, marriages which seemed most
likely to secure the happiness of :the deeeased wife's child-•
ren."—Speech of Edward Ilan, Esq., 3LP.
He thought that' those who disapproved these marriages
should be content to obey 'their own consciences themselves,
but that they-had no ground for enforcing on others scruples
which were not really based on the Word of God."—Speech of
Charles Buxton, Esq., 3LP.
" He did not think the measure proposed was any infringe-
ment on scriptural precepts' or commands. It was a remark--
able fact that from the time when the scriptur a law was given
to the present, day, so far as could be ascertained, the Jewish
people themselves had never interpreted that law as a law of
prohibition. • Referring to marriage with a brother's vidow,
the bishop said it was inconceivable 'that on a subject of mo,
ral purity and moral principle, the author of a scriptural law
should in one place permit that which in another place was
prohibited. He felt bound to say that' he did not perceive in.
the Scriptures any airect prohibition, or any inferenti l pro-
hibition against such marriages."—Speech of ex-Bishop of
Norwich.
• "SO far as the poor are concerned, I believe Oat an altera-.
tion of the present law is much to be desired."—Lord Auck- •
lind, Bishop of Bath and Wells.
"Public opinion, which feels no scruple' of any kind .as• to
such marriages, approves, of them most particularly when
there are young children of a first marriage, as giving them
in the sister of their lite mothera second loving mother. The
permission of such marriages has, with us, been productive in
no way of evil consequences."—Consistory Court of the Grand
Duchy of Mecklenburg-Strelitz.
"The arguments attempted to be drawn from Scripture by
the opponents of the measure were argunients by inference ;
'and, considering-the conflict o 1 opinion among eminent divines
of this and other Christian communities, and thaf, at best,
arguments by inferendo were of a very detibthil charabter, he
thought they might very well leave the resolution of the doubt
to the conSciente of each individual. But, believing, as he
did, that Scripture, so far from prohibiting, sanctioned these
marriages, it was a grievance of which the peopl e 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.
"My Lords, the vote which I shall. givein support of the
Bill before your Lordships' House, will, I think, be in accord-
ance with, and not in opposition to, the Levitical Law. I
acknowledge that law to be binding: I hold as strongly as
any one a belief in the inspiration of the Scriptures, but in
saying that, I Mean that there is not a word too much nor a
word too little. Believing, then, that every word has its own,
important meaning, I would remark that the verse in Leviti-
cus, which has been so often alluded-to, contains hese words,
' during her lifetime.' My impression is that these are quali-
fying words ; that they imply a prohibition to take a wife's
sister as a wife, dating the wife's lifethne to vek her—but
that the wife being dead, the prohibition.was reinoved --that
the marrying a wife's sister on the death of the wife is thus
virtually pronounced to be perfectly lawful."—Speedh of the
Bishop of Carlisle.

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LAW INTELLIGENCE.-July 15.

HOUSE OF LORDS.

LIVINGSTONE (OR FENTON) V. LIVINGSTONE—JUDGMENT.
This appeal from the Court of Session in Scot-
land was argued in the course of last month before
Lord Chelmsford (then presiding as Chancellor),
Lord Brougham; Lord Cranworth, and Lord Wen-
sleydale, and judgment postponed. The appellant
is Mr. John Thomas Fenton, son of Mrs. Anne
Fenton, formerly Livingstone, wife of the Rev. John
Fenton, rector of Ousby, and vicar of 'rorpenhow,
in Cumberland; and the respondent is Sir Alex.
Livingstone, Bart., of Bedlormie, Linlithgowshire.
There are two separate appeals, on two separate
causes, the one being a process of competing peti-
tions for special service, as heir of entail to the late
Sir Thomas Livingstone, claimed by the respondent
and Mrs. Fenton respectively (the suit having been
brought and the appeal also in her lifetime, and
the latter revived in favour of her son) ; the latter
an action of declaration of bastardy against the
respondent brought by Mrs. Fenton as annulling
her claim to be found heir of entail to Sir Thomas
Livingstone. The whole question involved is,
whether the respondent is legitimate according to
the law of Scotland, because if he is not Mrs. Fen-
ton is heir to the estates of her late brother, Sir T.
Livingstone. That gentleman died in April, 1853,
without issue. He had several brothers,all of whom
died before him, and without issue, except one,
Thurstanus Livingstone, the respondent's father.
Sir Thomas had also several sisters, of whom Mrs.
Fenton was the eldest. She could not succeed to
the estates as heir under the entail by which it was
held, except on failure of all her brothers and their
issue. The respondent's father, Thurstanus Living-
stone, was born in 1770 or 1772, and went to sea
as a common sailor both in the merchant service
and in the navy, and was discharged in consequence
of his wounds in 1797. He went to live in Bet h
nal-green, and in the same year married Susannah
Brown, Brown, a widow, who died in 1806. In 180 i
the was
again married to Catharine Ann Ticeh u alsoa
NlVi
3d
20
.‘ V
The, and
respondentsist e
r o f his
was b
f oromr former
fwifethismarriage who died
inn
8
1809. According to the law of Scotland, as gene-
rally held, the second marriage of respondent's
father with his deceased wife's sister would not be
lawful, and he would be illegitimate; but that
l d,
i t
point was not so decided
marriages ns o tnhe
m e
must
Nsuvtit
bes bindeleo in Ecwi
was held that the domicile of Thurstanus
England,
dged by as
an
andston
tehdeurin
legitimacyg both his
of his
the law of England. The court held, therefore,
that as by the law of England previous to the pass-
ing of the sth and 6th William W., e. 54, a mar-
riAge contracted between a man and his deceased
wife'sea s sisteref a suit was
in
void, but only voidable by
m
Ecclesiastical " Court insti-
tuteden ot
the
• in the lifetime of both parties and upon the
death of either without such suit having been in-
stituted, it became thereafter valid and effectual to
all intents amndotphueiryionsl.B3 By
.the death of the re-
bspeoenndiennsttistuted, it was not 2,
c,owinipthetoeuntt atosuaietyheaeveintge
challenge the validity of
legi-
timacy of the respondent. tichehemsatarrtuiatgeeaboorytehnea
which was passed in 1835 declared that " whereas
marriages between
degrees are voidable only 13,
persons
Eccle-
siastical Court, yNsTeitnhtennctehoef the E prohibitedccle -
pronounced- during the lifetime of

NEWSPAPER
i-,,,. •
r- .k,-J. , ;,
blth,p ...! ti..c.nto, an3.it i.:.-tierca!onat, - tlh')•
-^ , , j,
17-1.
kfie an condition of the children of raa ' 71-`..,1,. -i---'(,/
tween eisong: vilithitt :4 the prohibited-. deterees-A
.....,1,...„- '.--4R'il A-)cr'
affinity Shonila Yilinftini unsettled" during ,sktang., 4'7; ! f 7-1
,0-..,
peribd," and therefore enacted " that all maiyia.'•'. - ~.. ..._.
Which shall have been celebrated. before the pas- `. :.1 IA- b
of this act, between-per'ons__being_Avithiatha pro- _
hibited degrees of affinity, shall not hereafter be . .
annulled for that cause by any sentence of the Ec-
clesiastical Court; .unles pronounced in a suit
which shall be depending at the time of-the Rasssing
of this act." The result was p. dcolurittiOninifivouri
of the legitimacy of the respurtoiit,- tinil-17iiS,tight
to the estates in question.' The-present '-apipeafs:
were then brou(rlit.
-, c.,
Their lordships now -delivered judgment, and
held'that the decisionof the court below was wrong,
and must. be revers'ecl, and the, case remitted to the - .
court below with that opinion. -..

ASSIZE INTELLIGEA*CE:',

Cillci.trr.--:-HERTFciRD, JULY 15.
The business of this einuittommenced on Thurs-
day by the opening of the. ,coniinission for. Hert,-
fOrdshire, and thisjnorning business was proceeded
with in both .coaqs, Mr. Justice Crowder presiding
on the Civil side, and Mr. Justice Blackburn in the
Crown Court: • The cause list is heavy for this
county, there being fourteen entered, five of which
are to be tried by special juries. The, gaol calendar
is light, . there being only nine prisoners.for.trial,
and none of the cases are of a serious nature. ,

CROWN SlDE.—(Before 'Justice Brackburn.)
Eliza Clare, 16,.. a good-looking, young girl,
pleaded guilty to a . charge- of • feloniously setting
fire to a barn and other property.
Mr. LangfOrd, who appeared for the prosecution,
stated that. the prisoner had been in the service of
a person at Ware, ,and..on the day the fire took
place she had a dispute with her mistress, and was
heard to make use of, some threats towards her.-
In. the course of the same -estotAg there was an
alarm of fire and it was discovered that a shed, in
which there were a number of valuable cattle, Was
in flames, but the ii.e fortunately was extingiiished
Without 461figp an sl.rious mischief. The prisbner;
it appeared, charged a boy who was employed upon
the.premises with being the guilty party, and she
fold such a plausible story that he was very nearly
being committed for trial, but, fortunately, it was
cEscovered that she was the real culprit.
The prisoner now said that it was her temper
that drove her to commit the act, but she was
Very sorry for it and hoped the judge would have
mercy upon her.
Justice.Blackburn-Said he Was very sorry to
'see- 4 young girl like the prisoner in-such a position,
.and he sincerely pitied her. The offence, however,
was one Oa very-serious nature, and he was com-
pelled to pass a severe sentence, namely, that she be
kept in penal servitude for four years.

MIDLAND CIRCUIT.—NORTHAMPTON, JULY 15.
CROWN CQURT.—(Before Chief Justice Erle.)

ARSON. . .
Edmund Crisp, 17, labourer, was indicted for
:wilfully setting fire 'to a stack' of wheat, the pro-
perty-of William Elkins; at ElkingtOn, on the' lath
of March, 1859.
: • The jury returned a verdict of Guilty, •
Sentence Was deferred.
31ANSLA1JtlITFIR..-
Thomas Cousins; 38, labourer,'Tohn- Harrison, 31,
labourer, John Blake, 29, labourer, and John Cole,
49, labourer, were indicted for the manslaughter
of Charles Wykes, at Stamford, on the 19th of
March last;

Mr. Maunsell prosecuted ; Mr. O'Brien defended
Cousins and Harrison ; and Mr. Cockle defended
the other two prisoners. •
The
_whole of the prisoners were in the employ
of Mr. Phillips, a brewer, and ex-mayor of Stam-
ford, as was also deceased, who had been recently
discharged when this affair occurred. The deceased
was a powerful man, had been in the army, and
was known since 'his discharge from Mr. Phillips's
employ; to haVe challenged to fight all the men in
that establishment. On the afternoon of the day
in question•he went to the Beehive public-house,
where he met the prisoners. About a quarter of
an hour afterwards the whole of the men went out-
side, when Cousins engaged in a fight with thude-
ceaSed, and threw -him to the ground, when liar-
rison kicked him on the skull, and caused extrava-
sation of blood on the brain, which in the surgeon's
opinion caused his death.
. For the defence, the employer, of the prisoners
was called;and gave' them a character for peace-
able behavidur; and. said that latterly the deceased
had been a:very quarrelsome man.
• The jury acquitted the prisoners Blake and Cole,
but found Cousins and Harrison guilty, and as they
had already been in.prison.for nearly font-months,
they were sentenced to a further term of three
months' imprisonment with hard labour.

NORTHERN CIRCUIT.—Yonii.
(Before Mr. Baron Watson.)
=TIN V. OASTLER.—ABDUCTION OF A VOTER
Mr. Price and Mr. Simpson were for the plain-
tiff; Mr. Overcnd, Q.C., the Hon. A. Liddell, and
Mr. Blanshard were for the defendant.
The plaintiff, Mr. John Tutin, is a voter for
Northallerton, and the defendant, who is a farmer
in the neighbourhood of that town, is not a voter
for the borough, but takes an active part in elec-
tioneering proceedings. The action was brought
against the defendant to recover £5O damages,
under the provisions of the statute 17th and 18th
Vic., cap. 102, sec. 5, passed for the purpose of
preventing improper and corrupt practices at
elections. It was alleged against the defendant
that he bad abducted William Tutin, the son of the
plaintiff, at the late election for Northallerton, and
thus prevented him, as a voter, from exercising his
elective franchise. There was a severely contested
election at Northallerton in April last, the "candi-
dates being Mr. Wrightson, in the Liberal interest,
and Mr. Mills, of the Conservative party. The
plaintiff and his son had promised their support to
Mr. Wrightson, the Whig candidate. At the
nomination day, on the 29th of April, William
Tutin, who was abducted, held up both his hands
in favour of Mr. Wrightson'. He was afterwards
in the committee-room ; and both before and after
the nomination he heal pledged himself as a sup-
porter of Mr. Wrightson. On the evening of the
29th, William Tutin went to visit a person named
Dixon, who resides at Northallerton. He had his
tea at Mr. Dixon's house, and afterwards gin and.
water was introduced, of which he partook. About
seven in the evening a person named Pearson came
into the house, when some whisky was brought in
and placed upon the table. William Tutin drank
of the Vhisky and water, and shortly afterwards
became so much intoxicated that he had no recol-
lection of what took place or what happened to him
that day. The next morning, which was the
30th April, William Tutin found himself at
Ruth, twenty-six miles from Northallerton.
He was laid upon a sofa in an inn at
_r.
that
_
place, but how he had got there he knew not. _
Oastler, the defendant, entered the room, l 3,and
expressed his surprise at finding: Tutin
.
there,and
asked how he had got there. Tutin said, " That
is just what I want to know." A man named
Dobson then entered and put the same question to
Tutin, and the latter returned a similar answer to
what he had given to Oastler. The three then
had breakfast, during which Tutin said he wanted
to go to Northallerton to record his vote for Mr.
Wrightson. Defendant and Hobson said they
should take a carriage and all go together. After
entering the vehicle, Tutin found out they were
going directly from Northallerton. He was set
down at Arkendale, where he had some drink, and
then got into the train for Northallerton. In the
arrivedand was
as taken to Darlington,
Northallerton at eight
fOe
nvde
ar
ne nt d
from
min
whehefenloloahsleeep,
o'clock, four hours after the poll had closed. The
case
nfoTr
utthien plaintiffw ayn
preventedd a s t hat thheimdeffreonradavnottihnagd,
thus rendering hinis.elf liable for damages.
the defendant said he did not deny that
had taken Tutin away to prevent
him from voting, but b •
su mitted that there was not
the slightest influence used to the plaintiff's son,
nor had they put him under any restraint.
Verdict for the defendant.

[ADVERTISEMENT.]—The greatest happiness of a jour-
nalist is to introdu.ce to his readers some new discovery
calculated to benefit that vast portion of our fellow crea -
titres, which has the strongest claims upon our sympathies.
It is with this feeling that we call the attention of invalids
to the following extract from Du Barry's interesting report
of cures without medicine of indigestion (dyspepsia),
.filt-
tulency, constipation, nervous, bilious and liver complaixtte,
cough, asthma, consumption and debility by. Du Barry's
Revalenta Arabica Food. Ciire No. 180, twenty. five ye Jr:a
nervousness, constipation, indigestion,,and debility, fi '1?
which I had suffered great misery, and which no
die4;:;l:onue
could remove or relieve, have been effectually cliutz:eeves,
1181.
Barry's food in a very abort time.—W. ._
aFgl Fleet-street. e.
_t - swt r ea ent
d. s b
eCurerk,
nearN o .
Hs4a,
in6lbBn, r ofgh
,a
1121;1:308.ff
a.
,v10,07.1z.v8ee57w... t,...0l
hereby certify that my mother-inr-law,
aviungl
suffervv4
has just completed her 107tfhraymea,
indigestiont n
(dyspepsii 0,
for half a century and more,
d. , 51b., 125.; 124\l i.,
or fse_nnel.cfotowlryt enabled•
cured— ll r . libt(yolZeu.
ICI 1-
aßna
rd
ry consequent,
s Mason, Revalenta
disorders,
lanAl2ilrbdbaib,tei3icnoa.s. has:cliBbr
ib2.:
greatega carriage
df.pr
ece,i_
, on receipt of po IA t-
-7, Regent-street, Londo a t.
2g6e
ss t. almost
D u kind
Barryof a
nfo food withc F 02.7
olffin
cteinTosrh,deaetrb.jisb.. fidan.d;
Fortnum, Piccadilly ; Abbis, 643 ',
Gracechurch-street ; 4, , Cheapside ; 63, and 150, Oxford., -
street; 330 and 451, Strand; 49 and 60, Bisho_psgatei . •
street ; 85, Tottenham-court-road. Also at Dubai,
Bewley; and Draper ; at Edinburgh, Raimes and Co.
at Liverpool, Nixon and Thew; at Manchester, Shariyand
Scott ; at York, Raimes, Blanchard, and Co. ;• at South—
.
lunpton, Randall and Son.