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

THE SUN, LONDON, SATURDAY EVENING, JULY 16, 1859.

tation, namely, the marrying of two sisters tog-ether. 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
importance 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 to which it is entitled. Perhaps the better
course to adopt would be not to interfere with the Bill, by
Rersevering 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 I am obliged to answer—No. It is interdicted neither
by express veto, nor yet by implication. Canonical austerity
is not to be identified with moral purity or matrimonial
fidelity."—Rev. Dr. Sadie, 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 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 God."—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 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 highest authorities 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
111‘Caul, D.D., Professot 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, if ever a Convocation be called, and
I b, 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 on Scripture we ought, at
whatever sacrifice, to obey God rather than man; but I cannot
see the expediency of a law whichAhaving 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

,ermitted to .haie as wives two sisters' at the same time,as

aa,cob 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 Leviticus, 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
the text is. This perhaps is a knot not easily un-
tied; how the Levitical degrees are God's lavein 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 should take place ; I see no 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 marriage with a wife's sister is not forbid-
den in Leviticus."—Bishop of Lincoln (Dr. Kay).
"Has never had ,Iccasion to observe, either in the mid-
dling 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-.
rater 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 theti."—
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 tote 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 L ,eois-
lature'dees' of these marriages."—Evidetce of R. Cobden,
Esq., M.Y.
• In 1835 a most important statute had been passed by that
Hotise; under somewhat peculiar circumstatces, 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-Slieecli 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 didnot sanction."—
Speech of R. Monckton Milnes, Esq., M.P.
It is remarkable that while there is an express injunction
against the marriage of a man with his brother's widow, there
is no such prohibition against his deceased wife's sister. In
verse 18 the prohibition is only against marrying the wife's
sister during the lifetime of the first wife; which of itself im-
plies the liberty to marry the sister after her death."—Rev.
Dr. Chalmers.

r doubtfulca tiient"Nothingahsraecds
tstehnc
ymed
tsobn
ihirieeeaicortrir;memaos:mtotersosoauanotl.
finigtnteeahsnaritirsaimioesa
gnnooresetytas
;ftila,atlinihnthdelsiy.stemoStayfitrala9e,rtmvfelar)s.
mob ofimoeof
2,lngirfdi
eneue
dgc-
dneeerrnere
d on moral or domestic consideration z.."— -('•hiet .fest'ice
United States. ,
•
"Whence, I pray you, is this rigour of intal against nice, j
which God has not required ? Who has given to men this
power (of annulling or prohibiting marriage)? Be it that
they were holy men, and influenced by pions zeal : why Rhnuid
another's zeal infringe my liberty' Let' any one be as zea-
lous and as holy as he will, so that he• does not injure his
neighbour or rob him °lbis 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 of Divine right, which is binding, however contrary it
may be to human laws, and the laws of men ought to yield to
it without reserve. Forif a man' leaves father and mother to
cleave to his wife, how much rather shall lie trample under
foot the contemptible and unjust laws of men, and cleave to
his wife And Pope, Bishop, or officer, if he dissolve any
marriage contracted in opposition to merely human law, is
Antichrist, a violator of nature, a traitor against the Divine
Majesty ; for that sentence still stands : What God bath
joined, let no man put asunder.'—Perish, therefore, those
cursed traditions of men, which have been brought in only to
multiply dangers, offences, and miseries in the Church.
"
Luther.
"His first duty was to ascertain whether there was any-
thing in the Word of God which forbids the marrying of a
widower with a sister of his deceased wife. lie looked care-
fully, he endeavoured earnestly to come at the truth, and he
was perfectly convinced that there was nothing; in the Scrip-
tiwes which prohibited that act."—Speech of R. Spooner,
Esq., M.P. •
"I believe such marriages as you wish to make lawful ere
already lawiul, according to the letter and spirit of Holy
Scripture, and I hope the civil and ecclesiastical law will
speedily be made conformable to the Divine."—Dr. Close,
Dean of Carlisle.
" My opinion of the lawhas long been that it is an impolitic
restriction."—Archdeacon of Derby.
" 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.
".`ln her lifetime.' This sufficiently indicates that he per-
mitted it when the wife was dead, otherwise than in thecase
of two brothers."—Jansenius.
" Thou shalt not marry two sisters at the t
same time,
law
as
;Jacob did Rachel and Leah, but there is nothing ihis
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 the 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, pither 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.
"The petition was probably entrusted to me in consequence
of my having declared without hesitation that the marriage
of a sister of 'a
deceased wife was not prohibited by the Levi-
tical Law."—The late Bishop of Llainclaff.
" I shall only add, that 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 as
subscribing to the declaration that these marriages were not
in opposition to the Word of God." --The late Bishop of
Meath.
"Without pursuing the subject further, I shall give it as
my opinion that the marriage in question is not against either
nature or the law of God."—Rev. T. Bit iney.
"My opinion is certainly in favour of the relaxation of the
law prohibiting the marriage of a widow 'er to his late wife's
sister."—The Chancellor of the Diocese t)f Exeter.
"Seeing that it was not against the lai v of God—seeing the

great 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,
he should give the measure his cheerful assent."—Speech of
the Duke of Norfolk.
"The ancient 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 bonos mores, the feeling of the
people of Germany is undoubtedly in favour of such mar-
riages."...." It 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
become estranged from her connexions, and partly from affec-
tion to her sister; and veryfrequently,where there are young
children, for their sake." ...." 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 have 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.:lit 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 family 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."—Hon. Judge Mason,
United States.
"If the founders of our Church have incautiously adopted
a canon prohibiting 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 law, with the Roman
Catholics, who by dispensation tolerite such marriages—there
being also Protestant churches in Europe, and Protestant
denominations in this country, who recognized the 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 perbons 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 Billy 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 the 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 iyas,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, as 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 good reason for saying that that
Fmte
rie
hoN,i was:lrtazesrlino.ts
ohst theeotelsoao
I,pc,r—airnrihrsmi
higherioi
pmaenegse
ceaeo
nhlfi
find;
noa
of the
httuai
lahvel
etesiontLtncilgol.
elnrßc
oudi
nraimevriahaodersnrtoiafo:
0,
tttihca forbiddenn deliberate
Scotland—Sireli whombe rbt ney
no
t .hp e
opinionir
los aonwn_
of Leviticus, he came also to the opinioncgaetem thatafss ecoi
rttelhcatenucdaol(niftnoure
tccitilievorit!

I have known probably several scores of such marriages.
I have counted a dozen within. the last three or four minutes.
Most of these 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
against marriage with a deceased wife's sister. Surely it is
not a crime, and, if it be not, the law that constitutes so must
be, for the worst of all crimes is. an evil and unjust law."—
Rev. Geo. Giltillan, 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 itight lion. Stuart Wortley, 31. P., Recorder of London.
" If this marriage be lawful in the sight of 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 a snare upon the
conscience, and be the occasion of sin ; and that no sanction
of human law can be expected 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. •

said to be riages proposed to be sanctioned by this bill be
M.P.
question,Afler hisa li theeenecl consideration eNrvaetsi,o
that
.ahte int aicile bseeeLeable
could
do
tghiev
me talr
op-
posed by Scripture."—Speech of'l.lt. Headlam, E
others by the Lord Mar, Goverlior,and Deputy-Gover-
norma"rir'ihaegepoevtaitsiosingifierodmbythaelacrgiteynoefe,lb..oenr deofiin,eritsieinasy,oagungrd"oafmtehnigs
bankers, by the
146
Chamberlain of the city of London, by 237 merchants,
baycosntlspirdievraatbele number of the
fortune to be acquainted with a large number of the persons
who signed this petition, and lie could say from hi: knowledge
ris
ecocifttotoirrisse, oßlf2a4tni bkaatoi barristers, isEsttitsia,snialdnm.dean6nltl physicians. It was his good
of their characters, that their opinions were entitled to the
greatest weight and attention."—Speech of Lord Overstone.
"That the enactments of the Levitical law.are entirely mis-
interpreted when applied in condemnation of marriage with
andd
,judgmentlbeliev believe
rt 3h fart.
many of
SC
o
examine the matter, and whose competency to ja g d .e of such a
Wash deceased'sieisillacry,!e s aifounderwife'ssi sinceostfe sister
beenu‘N'r 88
cone' titeee trditeeascii4d 'cc
by man
question has given ,
Dr. Bunting, •
among us who hav,e,.rebaeteilivelieg.dhbt
v.
to show that there was a divine prohibition against these
yt
tocircumstances
s carefully
n . lyt e
marriages,
" H. e had
bgui given ehne hiswa best;a ar
sattentionfieiin h
itao
ownt e Ritnitlnlild et
that
andodanac cc
such'
prohibition existed. . . Then came the question . as to
the effects of this measure upon society, and he thought that
the great preponderance cf arguments and facts upon.which
.•
arguments were grounded, were.in favour of the alteration of
this law."—Speech of Sir George Grey.
"He was sincerely favourable to the object of the Marriages
Bill."—Speech of the Earl of 'Ellenborough.
" I shall endeavour to show that the marriages it is sought
to legalize are not forbidden by the Word of God ;
that they
are not ematr try to the law of nature ; and that they are not
inconsistent with tin interests of society. I am happy to be
able to inform the house that Lord Denman is desirous of
supporting this Bill."—Speech of Earl St. Germans. -
e restrictionsla‘v of i.a t
uurper
rt I iteh
enuptials
su
an
ui otnh,e
runlessof
foUn.ldbeedlinepvoenatlhl
Scripture, unwise and unjust; in neither of which sources
have I found this interdict 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
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-
gmaarrdkedinwrietflei
rfeanvoceurolapliparv:hielie:a-leornisieNarrhclicohf,any disadvantages
the public discussions, prevail in Enolanda.'l-1
attending, or supposed to attend them ; and I make this re-
Everett, late American Ambassador to Great Britain.
" Such marriages, in Brazil, are as frequent as they can be.
They inspire no repugnance, but, on the contrary, are con-
sidered extremely advantageous where there are children of
the former marriage ; for it is always to be presumed that the
perceive iEvedwfraormd
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; whet is an entire stranger
toas themsad can possibly be."—His Excellency the Brazilian Am-
bor,
" 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."—ltev. 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 notcomprehended mar-
riage with the sister of a deceased wife, the limitation, in
her lifetime,' leaving the marriage free after her death."—
Cardinal Cajetan.
deceased " Moses, in Leviticus, prohibited certain marriages and per-
mitted others in the same degree. For lie prohibited marriage
with the wife of a brother even after his death, and did not
ehianta 1
passage B eila
~ epaseedy
rm
prohibit marriage with the sister of a wife, unless in her life-
time ; and, consequently did not prohibit it with a sister of a
o't.'ilfe—Car
construe
Leviticus (xviii., 18) as
prohibiting marriage with a deceased wife's sister, or merely
as saying that a man should not take two wives 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
prohibited in Scripture P'—" Certainly not. 'lt 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
Fry, the author of a pamphlet which you justly commend. and
you see my opinion perfectly coincides with his."—Sir Wil-
liam Jones.
4 4 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 while that wife is living."—Bishop Patrick.
" The Jews regarded the marriage with a wife's sister as
not unlawful. This marriage Moses permits ; but prohibits,
on the other hand, the marriage of two sisters at once."—
Michaelis.
" The civil law of Prussia accords full liberty to the marriage
of a man with the sister of his deceased wife. Such marriages
arc by no means rare. Experience does not show that in their
consequences they differ essentially from other marriages."—
Royal Prussian Consistory, Prussian Saxony.
" Public opinion in our country is entirely in favour of such
marriages, and when very lately this subject underwent dis-
cussion in both our Chambers, all our six dignitaries of the
Protestant Evangelical Church, as well as the two of the
Roman Catholic Church, pronounced themselves in its favour;
nor were there any voices raised by the strictly religious of
our community (of which, thank God, there are many) against
it."—Professor Kapff, Stuttgart.
Y Passages in the records of the
Churchearly
on this subject previously to the'
positive enactment condemning' it, but not annulling it, in
d o not remember
which
bear a n
the Council of Eliberis or Elvira in Spain, the most probable
date of which is A.D. 306. lam aware that an appeal to that
Council was made, not many years ago, in the House of Lords,
but I am convinced that too much stress has been laid on the
canon of that Council, and that its enactment cannot be re-
countarded as any groundwork on which the Legis ature of this
ry
can safely build its own laws on the subject of mar-
anon on the subjectof mar-
riage.. If this c _ marriage be binding on
as such, must be equally binding; but some
us, the others,
there are which are utterly at variance with our views of social
duty, and could never find a response in the sentiments of our
Church and nation."—Rev. James Endell Tyler.
From various considerations such marriages here have
very common. So far are such marriages from being
becomepublic opinion, that
to
contrary
incline
dto consider them both natural and desirable. Aveexpress our conviction that there ought to exist perfect
liberty between widowers and the sisters of their late wives
to contract such Saxe-Cobourg,
marriage."—Ducal Ministry
in` Council.
ided conviction, after investigation
,it is my decided careful
that there is no direct scriptural prohibi-
tionand consideration,
such marriages unlawful. I do not stop to con-
declaring
repeal of the present law affect the inter-
the
skier howa husband and his wife's sister. This IS not
tcturse between

Ia matte? for legislation. I could not . support the law as it
now stands."—Bishop of Manchester,
"Whether the question is considered Ina religious, moral,
or socialsoint of view, such marriages are unobjectionable,
while in many instances they. contribute to thnhappiness of
the parties,_ and to the, welfare of motherless children, and
among the poor, have' a tendency, to 13revent
Petition signed by the Bk,hop of London (Dr. Tait), 1849.
"There is even among the opponents of this Bill (the Mar-
riage Bill) a wide diversity! of. opinion as to there being a
Divine command prohibiting these* tharriages„ and that the
weight of authority is against the existence of any such Divine
injunction. If among the richer claases there is a- dislike
upon social grounds to a change in the law, that dislike rests
upon sentimental rather than on substantial grounds ; whereas
among the poorer claskes it cannot be denied that the law
causes great immorality and unhappiness."—Speech: of Lord
Wodehouse, March 22, 1859.
"The par sage (LeV. xviii., 18) requires no' aid from a canon.
It is so clear, and, so distinct,' as to leave no doubt on my
mind respecting* the Divine permission to contract these mar-
riages." I shall vote for this Bill, . because -I consider it cal-
culated to prevent a vast degree of i !morality' among
poor ; and bec.,anse I hold the prohibition of such marriages to
be a flagrant violation of the rights ofeonscience."-,=Speech of
the Earl of Albemarle.
" We who support this Bill do not think that the marriage
of a deceased wife's sister is opposed to the law 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 Viscount Lifford.
"These marriages are not contrary 'to the Divine comMand.
The scriptural argument against them seems to me to break
down at every step. In proportion as, by our prohibitions,
we multiply the opportunities of temptation, and prevent the
enjoyment of any seeming advantages, not e ill in itself, in
the same proportion we extend and incr:ase the power of the
enemy of mankind."—Speech of Bishop of Cork. "
lie had 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 anY reason for which the law
should prohibit those very marriages' which . seemed most
likely to secure the happiness of the deceased wife's child-
ren."-Speech. of Edward- Ball, Esq., M.P.
" 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 na really based on the Word of God."—Speech of
Charles Buxton, Esq., M.P.
" 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 Scripturil 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 widow,
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 dfd not perceive in
the Scriptures any direct prohibition, or any infereuti .1 pro.- ,
hibition against such marriages."—Speech of ex-Bishop of
Norwich.

"So far as the poor are concerned, I believe t'iat an altera-
tion of the present law is much to be desired."—Lord Auck-
Lind, BishopW
.of Bath- and ells. _ •
"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 mother a second loving mother. The
permission of such marriages has, with us, been productive in
no w ty 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 arguments by inference ;
and, considering the conflict of opinion among eminent divines
of this and other Christian communities, and that, at best,
arguments by inferenco were of a very doubtful character, he
thought they might very well leave t he resolution of the doubt
to the conscience of each individual But, believing, as he'
did, that Scripture, so far from prohibiting, 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.
"My Lords, the vote which I shall give in support of the
Bill before your Lordships' Houk, 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 these 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, during the wife's lifetime to vex her—but
that the wife being dead, the prohibition was removed —that
the marrying a wife's sister on the death of the wite is thus
virtually pronounced to be perfectly lawful."—Speech of the
Bishop of

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LA JV INTELLIGENCE.-July 15.

HOUSE OF LORDS.

LIVIIs:GSTONE (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),
Lnrd Brougham, Lord Cranworth, and Lord Wen-
sleydale, and judgment postponed. The appellant
is Mr. iohn Thomas Fenton, son of Mrs. Anne
Fenton,formerly Livingstone, wife of the Rev. John
Fenton, rector of Ousby, and vicar of Torpenhow,
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
Lilln,gstone. The whole question involved is,
whether the respondent is legitimate according to
the' law of Scotland, because if he is not Mrs. Fn-
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 Mtn, 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
issne. 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
aßeth-
nal-green, and in the same ear marriedBoSBushaenwn
as
Brown, a widow, who died in 1806. In
hl
rst, also a
again married to Catharine Ann T.f.
jece uho died in
widow, and sister of ,his former
awteo;ulbantno
1809. Accordin to the law of
c°f
respondent's
1832. The respondent was born
fe
To this Scotland,
rts
lt'a wanndu,s aLiving-
stone marriageivi
nigngene-
rally held, the second marriage 0
that
hba et
lawful, and he would be
the court below, point was not so decided. in . as it
was held that the domicile o
father with his deceased wife's sister
stone during both his marriages was in England,
and the legitimacy of his son must be decided by
tike law of England. The court held, therefore,
that as by the law of England..
IV previous to the pass-
ing o
n of e
andsth
mother 6thin William
1832, without a suit having
been instituted, it was ~ e. 54, a mar-
riPge contracted between a man and his deceased
wife's sister was not void, but .only voidable by
means of a suit in the Ecclesiastical Court insti-
tuted 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
111 intents and purposs. By the death of the re-
sldnot competent to any one to
Challenge the validity of the marriage or the legi-
tii nacy of the respondent. The statute abovenamed,
which was passed in 1835, declared that " whereas
marriages between persons within the prohibited
l nt the s
1 degrees are voidable only. by sentence of the Eccle-
-1 siastTopal Court, pronounced during the lifetime of