New-York tribune., 1907-10-14
BARRED AFFINITIES.
h'nSfOh Whom 1t Is Forbidden to
Marru.

Lord Lndley. who is one of the most eminent
1urists of the British Empire and who occupied
ior many years the Office of Lord Justice of APP
peal and OF Master of the Rolls calls attention
some rather odd points in connection with the
Gently enacted law validating past, present and
future marriages of men with the sisters of their
deceased wives. Lord I.ndlev points out that
"hie tnis new law legalizes unions OF this kind, it
uoeS not affect any other alliances prohibited by
the so-called Table of Kindred and Affinity. which
VIII be found in every copy of the Liturgy OF the
Church OF England. The Table of Affinity emu
merates thirty feminine relatives whom it is for
puoeh for man to marry and thirty kinsmen
Win whom woman is debarred from mating.
Inc new law affects merely class in each OF
these categories-that is to say, now
marry his dead wifes sister. and woman can
marry her dead sisters husband. all the other
classes remain barred, just before Unions con-
tracted within the prohibited degrees OF affinity
remain. save in the exceptions just mentioned null
and void, by the terms of Lord Lyndhurst's act OF
1885 These forbidden marriages do not have to be
annulied by any They ipso facto of no
account-of value in iaw-and the issue of these
marriages is illegitiinate.
Among the unions OF this nature which remain
prohibited by the Table of Kindred and Affinity are
the marriage of a man with his brothers widow
or of woman with her dead husbands brother
Marriages of uncle with his niece such as that
contracted by the late Duke of Aosta Cat one time
king of SPAIN with Princess Letita Bonaparte
and by Princess Pauline Netternich with her uncle
Prince Richard Metternich. forbidden. ana
while the Roman Catholic Church occasionally
grants dspensations permitting alliances OF TINS
kind, there is power in England that can ac-
cord any such permission and exemption from ''e
provisions of the law of the land.
The prohibited degrees forbid to wed MS
grandfatheT's widow. his dead wifes grand
mother. his father mothers sister, the WIDOWS
either of his fathers brother or OF his mothers
brother. his stepdaughter his daughter-n-law the
widow OF his grandson, the widow of a brothers
son. of a sisters son. even the daughter OF a
wife's sister. Formerly marriages contracted in
defiance of these prohibitions were punishable by
sorts of penalties. including Imprisonment
and fine Now they no longer punishable, but
are merely regarded having no value whatso-
ever in law and being therefore non-eNistent.
Another feature OF the statute is that while
it permits TO marry HIS deceased wife's sis
ter makes it illegal for him to wed his divorced
wife's sister, while anomaly of the act is that
though it permits clergy 10 marry the sisters OF
their deceased wives. it does not exempt them
from what IS known as ecclesiastical censure
for their defiance of the canon law in connection
with the matter. Now, although this ecclesiastical
censure is 10 most people mere figure of speech
It is reality very serious matter TO the clergy
since il may involve the deprivation of nenence,
which, in many instances. has been purchased at
a large figure. and also excommunication. arrest
and imprisonment.
II | draw attention Lord Lindley's remarks
upon the subject in these letters is because they
have very important bearing the arstocracy
OF Great Britain. The title Of nobility there is
based mainly on the system of heredity, and the
moment that modihes the table OF affinity,
which has been the law of the land ever since the
Reformation. one affects tho descent OF a very
large number OF peerages.
It is astonishing how few even OF those educated
people belonging to the Church of England are
acquainted with the provisions and character OF
the Table of Kindred and Affinity. II IS TO be
found at the end of the Thirty-nine Articles OF
Religion, usually on the last page Of the Book Of
Common Prayer Liturgy, and II an adherent OF
the Church OF England does happen to catch sight
Of the table ne is usually content with a cursory
glance. accorded during moment Of ennui result
ing from an uninteresting sermon.