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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the uppet' left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmds d des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clichd, il e&t film6 d partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 /» fS?^ VXA^ - ' m REVIEW _ or SE\ KRAI. LA'l'K I'llil.K'ATIOXS ON MARRIAGE / / / ' " . WITH 3 i DECEASED WIPE'S SISTER. i 1 UO.M TUB QU.\1!T;:1!!.V kkvikw. I^f i '%^ HAIJFAX, N. S. : WESLEYAN CONFEKKNCE HTRAM PRESi^. 1 8 5 . ii^^>^^ _1.. ::^i^ 1-' ii^-::f » ^^^^^f^ r J* I I ^ s^ ? REVIEW /! OF SEVERAL LATE I'UBLICATIO.NS ON MARRIAGE WITH A DECEASED WIFE'S SISTER; 1 CONDEMNING THIS niOVOSED INNOVATION ON OUR liELIGIOUS INSTITUTIONS. imOM TUB QUAUTl^ULV KEVILW HALIFAX, N. S. : TRIKTED VT Tim WE3LEYAN CONFEUENCE £XEAM VUE^i. 1859. MARRIAGE WITH A DECEASED WIFE'S SISTER. the, 1 a. ir ^TE L.'o national characteristics which distipguiah the people Uf'-ed Kingdom from the countries on the continent of ihe I c.iC'iity of the Lord's Day and the sanctity of > rel^vtion. ^ copt.asc cannot be found between England and !nde(;d oetwcen any two civilized nations, than that wlnoh w jukl meet the eye of a non-European traveller, who, having parsed jnc Sunday at Gqilais, should pass the following Sunday at Dover : — every shop opened among the. French, every shop closed among the English; one church in Calais, with scarcely one sermon except in Lent; four churches in Dover, with twelve sermons between them ; Calais, with its theatre more full on Sunday than on any other day ; Dover, a town more populous than Calais, without any theatre, except when visited by some provincial company, and without one public amusement of any kind on the Sunday. So, again, in respect to the marriage relation. Though the facilities of divorce vary in dilVerent countries, and will always vary according to the nature of the law of marriage in each ; and though there are very imperfect statistics in respect to the numbf r of divorces as compared with the number of mar- riages in any one country ; and though, even if the tables were more full and accurate than they are, the results would give no fair conclusion as to the sanctity in which the marriage relation is held, unless there be in the first instance something like uni- formity in the sanctions under which it is contracted — it is clear 3T'J*»a, 4 to every Enrrlisli sojonrnor on the continent that tlio nnnihor of divon-cfl or cfiuivalcnt separations amonnr persons of tlic higher classes in society is immensely greater than in England. In the course of the last few years a considerable agitation has been carried on in and out of Parliament, Avith a view to the abrogation of th-. Table of prohibited degrees, or at least to the excision of two out of the number— namely, the marriage of a man with his deceased Avife's sister, and the marriage of"a man with his deceased wife's nioeo. The parliamentary agita- tion commenced, indeed, some years earlier, when J.ord Fran- cis Egerton moved in 1842 for leave to bring in a bill to alter the prohibited degrees. No controversialist ever gained anything by mis-statin^^ or under-stating the case of his antagonist. ^V\ will endeavor, therefore, as fliirly as possible, to represent the views of those who advocate the alteration of the table of prohibited de- grees. They state in substance—" That in the first instance at tho Creation, marriages, which no human l>eing would now contem- plate without horror, were lawful, because necessary; that, when the necessity ceased, God implanted in his creatures a sense of shame, and repugnance, and disgust at the very thought ; and that they have never since been imagined to be possible, by eith 'r Jews or Christians. That, when^God separ- ated one nation from the rest of the world, and gave them peculiar laws for their government. He not only confirmed this natural horror against such marriages by express and formal prohibition, but added other limitations which in His infinite wisdom Ho then judged to be necessary for tho existing state of society into which He had brought Itlis people ; that these limit- ations, being pro tanto an abridgement of the natural right and capacity of the two sexes to marry at their discretion, must not be extended beyond their very letter, lest we should bo wiser than God, and, should forbid that which he has not thought fit to forbid. That a i)rohIbitiou, like a penal law, ought °o bo construed strictly, and ought not to be made to include more than it specifies ; it being equally easy for God to have added this or that prohibition to the list, if the restriction had been a<»rooal)lo to His will. That, under those considerations, what- ever (lod has not prohibited, he has allowed ; and while wo racti<'al purposes which the advocates for the [)roposed bill have in view— the change of law in respect to one degree oidy, and in that degree to one sex only, is the real object. We contend that it is prohibited l)y Scripture. It is remarkaltle, but it is incontrovertible as a faet, that there is not in the whole volume of Scrijjture any one prohil)- ition or restriction of any kind in respect to the marriage rela- tion, except in the Hook of Leviticus.* Even polygamy is not in express terms forbiddiui by the Gospel ; yet, on that point, inference is as strong as any direct prohibition, and a formal veto is not re(piired to exclude jjolygamy from C hristian society, Ko long as the words of our Lord are heard — " '''or this cause shall a nuin leave fjither and mother and shall cleave to his » Kcpeatod in part in Deuteronomy, xx. an-: xxvii. There is a strong paa- Fat,'0 in tlio late ttcv. Thomas Scott's Miscellaneous Letters, an authority, which to four, at least, of the Five Divines will appear wtirlhy of some atten- tion, -jf we reject tlie laws of Leviticus, we have no law of God on the Bub- ject; no, not ajjainst marrying sisters or brothers, or any relation. Now, can we think that God inlende'l to set aside these laws in Leviticus, and to yivo no other in their stead •.' Can we suppose that He meant to leave the Chris- tian Cliurcli tuithout law in this most important matter ? But, if not without law, tlie laws in Leviticus, in all general cases, are in full force."— .S'co«'s Let- ters nvd I'aperif, 8 m, 1811 : " /.^''ter on Marryirnj a Wfe's Sinter," p. 2U. wne,an.l ll.oy tuain sl.all ho one flosb;" ostal>Il.slnn^ l)y an inforen... ,h omu-lusivc as express wonls, that the union of one ina.| and one ^von.an eonsti.ute.s ex..I,.siveiy (l.e n.arria.e whioli Chnst sanctions. 80 n.ueh for polygan^y. But as to tl.e u,ar! nage o any one man with any one von.an, the nmi.l an.l will God are exj.rosse.I in the Pcntateueh, o. not at all. The .lonee of other books of the Ifoly Canon oon.pels us either to resort to t ,s port.on of the JJible, or to eonelnde that, in th t relafon wh.ch .s of all others the n>ost essential to the existca,; ' Oi our raee on earth-that relation whieh (,o.l instltnte.l in our ate 01 njnoeenee whieh IJe sanetide.l by Hi. own presc^-ce at n. ttna brute beasts, those who, n.ay be our pairs. M'ho will auvoeate su.-h a (.oneh.sion V If no one will .-ulvoeato it, the 00k of LevUieus eontalns tl>e n.oral an.l universal eo no prohil>ition of marriaj^e where there is no blood-relationship. It is "noiigh to say, in rei)ly to this alle<:;ation, tlmt the very second class of niarriajjjes, which is forbidden, is a class in which such blood- relationship does not exist ; namely, the marriage of a man with the. wife of his father. This single fact, even if it stood alone, is enough to prove, that the Ahrighty Lawgiver, who, under the Gospel, expressly declared tha^ man and wife should be one flesh, here by antici[)ation an(i ^ication announced the same fact; and taught us that, win h.e prohiliitcd a marriage in reference to the ronsarif/uiniti/ of the ))arties, He i>rohibited it eipially in icrerencc to tin', corresponding fij/initi/ of the parties, and disallowed alilco the marriage of a man witli his mother-in- law and the marriagi' of a man with his mother. These speci- fications are painful, but diey are necessary ; since the subi<. . . has been forced upon us by those who seem to be as regardless of the law of (Jod as of tlie law of man; and some of whom, wo fear, will violate the one and repeal the other, defying public decency, destroying the social hai)i)inesH of others, and anxious Gidy to obtain the sanction of u human legislature for the indul- gence of their own passions. Their g-cat argument, as we liave already abstracted it, is that the marriage of a man with his deceased wife's sister is not proliibitcd, and therefore is all »wed by (Jod's law; in other words, that what is not forbidden is perm tted. The argument proves too much. No man is fbrl>idden by Vjiod's hiw, tolid-m verbis, to marry his own daughter ; an atrocity never legalized, however practiseil, in Egyot or in Persia 15ut can a Christian, does a Jew, maintain— did any one, entnisted with common sense and couunon feeling, ever tolerate the existence of such a license V Does not every one see, that Avhere, as in the tenth verse, the marriage of a man with his grandaughter is lbrl)id- den, his marriage with his daughter is, a fortiori, still more forbidden, though noAvhcve in very words denounced V Away with a -^ojiliistrv wliidi w(.iiM iolrra*'' -n'P-^^i^ited,'no displ^latio could be r cpured. It is true that Bishop Wiseman regards the whole as " matter of ecclesiastical legislation ;" but it Ts a ques- tion o the judgment of tiie Church of Home upon the lawfu - mit th^f ' "'"''^'"' '"^ "'' ^" '' *^" =^^""^ °^ --1^ judg- ment, that we are now referring to that Church. '< It wa the dohberate mind of the Western Church, her Council lopes her schoolmen, her Canonists, that these inarria... w re and Canonis s deliberately taught that the Popes could „ot I usponse withm those degrees. Pope Zachary (A. D. 7.5) lu-ld ^t a thing incredible th,t a Po.e should di^ense contrarv to 11 the Canons of the fathers. Pope Innocent Til. (A. 1). 1108) and Pope Eugenlus (A. D. 1431-1477) held and answered that the Popes could not dispense in those degrees." * And the general truth is stated in these words : — " Within the Levitical degrees there is no instance whatever of any dispensation until Alexander VI., at the close of the 16tn century." It is hardly necessary to add, that the c oncentrated evil of man's nature was embodied in the person of Alexander VI. ; and that a dis- pensation first granted by him would even from that very circumstance become an object of suspicion. But we need not pursue this subject. There is no record, and there is no alle- gation, that any such dispensation was granted for the fifteen centuries before him ; and as the fact of a dispensation implies a prohibition, the voice of the Church of Rome on the general question is united with the voice of tiic Greek Church " against the marriage of any man with the sister of his deceased wife." The voice of the Church of Scotland is not less distinct. The Confession of Faith, in chapter xxiv, , 3ection iv., says expressly : " Marriage ought not to be within the degrees of consanguinity or airinity forbidden in the Word; nor can such incestuous marriages ever be made lawful by any law of man, or consent of parties, so as those persons may live together as man and wife. The man may not marry any of his w ife's kindred nearer in blood than he may of his own ; nor the woman of her hus- band's kindred nearer in blood than of her own." And be it always remembered, that this passage is not an insulated text from a popular work of hortatory theology ; it is a portion of the doctrine of the EstabUshed Church of Scotland, which has ')ecn recognized and ratified by the Parliament of that ancient kingdom; f which became the law of the land of Scotland during its independence, and was confirmed in perpetuity by the Act of Union, which, while it surrendered that independ- ence, secured the legal maintenance of the doctrines of its Church. The law of that Clmrch and the law of that land are maintained by its courts. As our present object is rather to »» rrefaco to Pusey and Badclcy, up. lix. Ix. j 1 Will, and Muiy, act. 5. 12 quote the authority of the Churrh of Scotland in respect to the interpretation of Scripture, and to sliow how entirely it accords in this instance with the authority of its opposite extreme, the Church of Home, wc do not fellow the (question into courts of Scotch law, further than to state that the Lord Advocate, Mn Rutherford, being specifically asked the question as to the legality of the marriage of a man with his deceased wife's sister, refers the Commissioners to the great Institutionalist, Mr. Ers* kine, who, in his Title of Marriage, (book i. title 6) says ex* pressly in section 7, "that marriage is null when it is con- tracted wiihin the degrees of propinquity or affinity forbidden by law ;" and afterwards in section 9, " that as to the dco-rees m wh'*':h marriage is prohibited, the law of Scotland has adopted the Jev/ish law, by act of 1567, c. 15." He then adds, " that the degrees prohibited by the law of Moses of consan- guinity, are in every case virtually prohibited in affinity ; and, by the aforesaid act of 1567, the prohibition is equally broad in the degrees of affinity as in those of consanguinity. Thus, one cannot marry his wife's sister more than he can marry his own." * The feelings of the people of Scotland sustain their Ch-irch and sustain their law. The Lord Advocate confirms this when he adds, " not only that no clergymen of the Church of Scotland could venture without incurring the pain, I think, of deprivation of ofllce, to celebrate such a marriaffe with a knowledge of the relationship of the parties, but that such a marriage generally is held by the people of Scotland in very great abhorrence." f The Lord Advocate is accurate in this view of the penalty which a clergyman of the Church of Scot- land might incur by celebrating a marriage within the prohib- ited degrees. There is an early and very remarkable case, in which the liev. James Forsyth, who was guilty of this oflence, but who could state, on the other hand, " that it was the only miscarriage with which, in a ministry of thirty-five years, he could be charged," was nevertheless deposed from his oflice and living for having thus violated the laws of God and the Church. The Lord Advocate further says, in respect to the « Eciiort, p. 100, X, 1111. t r. 101. n y.avCies tliemselvos, that '' in the severer and more ri^^M-oiiS, afj ^we\\ as violent times of the midtlle of the ] 7tli century, there are eases in which tliat connection appears to have Ixxin pun- ished, and punished even capitally."* In this state of the law and of the religious opinion of Scotland, we arc not surprised to iind that the Lord Advocate, in a later portion of his evidence, states—" These marriages take place in Scotland, I should say, hardly at all. Certainly, I do not think that persons in the better classes of liie would be received in society, having made such a marriage ; and I should think that in the lower orders tlu) impression against it was very strong indeed." f The great constitutional organ of the Established Church of Scotland, the General Assembly, a body which contains not only the leading ministers of that Church, but— be it always remembercd— its leading laymen also, has recently adopted unanimously a peti- tion to" both Houses against Mr. Wortley's bill ; and it is most satisfactory to add, that the (;eneral Assembly of the Free Churcii has also, in like manner, ur.animously addressed a simi- lar prayer to Tarliament. The faculty of Theology, repre- sented by its Dean, the Frinci[)al of the College of Edinburgh, has in like manner solemnly remonstrated against the mea- sure. The voice of the Church of Enghmd is heard not less loudly and distinctly than that of the other Churches to which we have listened. She speaks in her Canons, in her Table of Prohibited Degrees, and in every institutional writer without exeeption, from the Reformation downwards. We challenge contradiction on this point. We do not include the Five Divines whose off-hand letters form one of the subjects of this article ; since, in those letters, they do not profess to expound the doctrines of their Church. But those who seek the teaching of the Church of England will find it in the OOth Canon :— " No person sliall marrv within tJic decrees proliibited by the laws of God, and expressed in a Tnl.le set fortli by authority in the year of our Lord (iod 1563. And all m.'U-nnoes so nuidc and rontracted shall be ndjudged incestuous and unlawful; and consequently shall be dissolved as void from the bcginnin,!,- ; and the parties po mariymg « P. 101, f. 2 t P. 103, A. 1118. 14 xfiallhyconrpe of law be separated. And the aforesaid Tulilo sfialJ le in every Chiirch publicly set up and fixed at the charge of the Jmridh." '*Now, here," snya an able controversialist on this subject,, ♦"we have a dtyclaration of the Chnirh of England — tl»e very same authority ot" the Chnrt-h whieli gave its sanction to the Articles, the Book of Common Prayer, and the Homilies, ar.d which abolished the Papal Supremacy, and carried on the Reformation — a declaration, that these marriages are prohibited by the laws of God, and incestuoois." V/e may add, that if the authority of Convocation Avere snlHcient to establish the Thirty- nine Articles as emboa- ment the marriatre had hetweeu tJKi tv,o parties, Ihonias MouUlei. Sherwood and Emma Sarah Ray, is an incestaaous marrui-e, and must ever so remain. Tlie hiw of God cannot he altered hv m.in. The Le^^ up „ the s,sters of his wife a. upon his own sisters ; an.i w.fo hnngs .nto her new abo.h^ hor own .i.t.r.s as havino- own "^Y'^'Tlr ''" ^'"'"'""^'^ ^^^''"*^'^'" ^"'1 "^t-'t-"« as hi: n S.S 0..S by blc<.l. In Hie the, are united as one flunilv ; In 1 ?. T '^'^"'^'''' '^ '^''''^ '^'' ^"^^'-'''^'^ ^!^t«'' ^^y I-ok 'to. I f the w.fe be to. feel that her sister n>a,- beeon.o her rival anrl her successor, she will panse before she hazanls the inter- ruption to her own peace which the in.troay then, t^ no other won.an e Jep't ^o hi. own s^ter; he sees his wife's sister as he sees his own with a f don. w „ch .s pure to the pure ; and which we are confident IS in bdged HI by thousands and tens of thousands with no other -ofon than that w-hich is felt b; the same n.en toward! the.r own .sters;--the idea of any other affection never for an .us nt nsing .« the minds of eit her party ; ^he husband .aining r oTrt;"''"^""'""'"°"^^''"' ^'"--^'« h--t thus opened to. all her connexions only a new proof of his expandin-. interest ,n herself. But change the sister of a >vlfe into i youn^ marriageable stranger, and the attentions which are now oflered by the husband and received by the sister, and wit- nessed by the wife, with purity, with dclicacv, a k1 with con- i.^ ence, become insults alike to both females. The union ^luch IS. daily seen in families will, where it now exists, be broken, and will never herealler be fcx-med : the relation of brother-,n- aw and si^er-in-law will cease to exist; the parties. BOW described by those terms will lienceforth be stran-'ors to- each other ; and the reflected tenderness, which now" bhul. them to each other, must Ix. abandone.l by both as a snore anere -^^1?"^^^ t .• 1 e C vm en , dotruot. .vothin,^ from the playful ^-onhdcnce or the enSou watWth that di.stiu«uishos it, .i no ^^7'^^-"' f ^»J^^^!^ f... lie .eon to t:rea.tor advanta-e. Emulous to pease toi the sake .f . iloved .Si uratdwl to the imshand for the hapjuness he eon- 7ir o o\^- Sr'to her, fearless of any -i->-^'"tTra 't rll^' >^ewrshe is n.vcr ho u.uch at her ease, never so "^^iTif:^ « , f ;"i^; ■,n.ii.~» ;w.'mc.irod In- tlio uttoi-lniivm .l.o Jlws i ,*»cs anil . b S who diti^'in n. iher re.peet iron, other women pu. iiess tion. * * last eonhne iijiuseii wumi. un- .--....-.. ^. ,.--, _ " F^^rnm- restrietion, we consider, removed teinpta ■f.^.".^- .,,.,. .....t mid source ot uU that is to b( rion. The ima,:inat..n, that root and ^-^^^' ^^ f.^^^^^ >.usetl it— ' 1 had. M«t known sin but through the law. GntUksr^bject we have seen a remonstrance from a lady .nowPobnge^voung, against the praposed measm-e; stating, rL.tauc; tiiat hiving been the tlr.t married of her lamily, she had received in her hou^e her sisters as they grew up, ^.ho, in sueeessioa, had married;, that this continuance of eariy uffe tion could not have bee^ indulged if she had telt that she was introducing under her o^yn root-particularly at the peno s of her own conrmeinent.-those who were to be placed ui neare. intercourse with her i.usband than any strangers could be, and yet who were not tc.lp.. protected by the san.t.ty of that rela- 18 tionshii) which, at the time, actually surrounded them As he law was and is, the harmony was never for an instant hazardwl by a suspicion; but, as Mr. Wortley will make the law, the in- tercourse will become impossible, and a sister, onco married, can never receive an unmarried sister into her house in tiie present fuVness and freedom of contidence. Ihe widower, likewise, will suf^H' equally. At present he receives-the Com- missioners cannot be '.gnorant of the fact--the aid o his deceased wife's sister as her best successor in the charge oi hei chihlren. That sister enters his home with a conh.lence and a purity which, if he had had a sister of his own blood he could not find surpassed in her case. As the law now stands, and as the feelings of society are developed, the deceased w. te s ^s ei remains in the widower's house, or enters it >n the must of hi sacred sorrows, and soothes them, and adopts his children and supplies her lost sister's j.lace to them, without one though c.io him which one oi his own blood might not blamelessly lu- "^"aU this must be blotted out from English society And .vhere is it to stop ? If A. B. may marry one sister, C., he may, after her death, marry another sister, D. • and, it there be a third, he may look forward to the prospect of marryn g 1.. - We ask, can either D. or E. ever be to him or to C. what she now is V-she is lost to both as a sister. Mr. Keb e has we l put the case, in substance-the word sUler-in-laio will henceiortb disappear from the English language ; as the relationship Uselt ^vill be expunged from English life: "the very name will be- come an absurdity, if ouce this change is made-the relation, 1 mean, of sister-in-law." It has been asked in rarliamont-and wo have already hinted at the question-where, if the proposed law shdl break down the present lines, is the inroad to stop ? We repeat the question formally : is there any consistency in stopping wher e • .. Ther<^y^^^7i^^iiJu^^7^^^^^ ^here a man married three sisters in 6Uccessiou."-Evidence. Ana. 1040. " I saw one woman wljo . as the tlu,-d 8JB- ter the man had married ; and her expression to me was. that if ^^« ^ al. .ho believed her husband would have the fourth. That was in Shetlleld. -Aub. 150. 19 Mr. Wortloy stops ! H^ ""U ^^^^ ^^^^^. „f thousand, of men »"^°\ '"" *"X „ son.c of its dear and h„.anU the l>a,,.™c„ ol domes \>^- , j,„, „ow sacred relations ; but d^s^e ^ UUt l^^ J^ ^^^ ^^^^ he only makes '^^^^ ^Z:^ rest^ints on .narria^e. cnoush to maintain It, >s „.|.,ti„,„hin ; we mean, such a „,.e,,t where there ts a '•'""'"'•'-'r ' i,,,', '.. ,to,„" say, a still U„od.rela.io„shipasnaturea,h.. . _^^^^^^^^.^_^^, ,_y j.„„,. holder one, "why ...on d "^ '''"> ,. y,; ,,„,„„t pnr- .ernples a^ont natt.re aUiorrn,, . " _^_^^_ ^^^^^^ „^^ sue this snbieetlurther; >"';.;"',„,,,,,„„, „f ,y/,„i/, is eon- rid of all prohibition m respect to «o ^,^^^^1 _^^ ^.„„,j sistent with a principle-o.lion», ^'^ ^y „,- „,„ prohib- ,,e the working "^ ">»' P''"''''''".' !^^" , "„ree, for which heaven ition in respect to the one F™- ''-',,;,, „ ,hct, and does and earth are now moved. » ;^,^ ^^,y,,,„„ „.■ establish- not attain, even in theoi), till n ;„„ a mischievons principle. ^^^^^ We have jnst said, and inuch oh V^^^^.^^^ .„ .,, „„, all of our preceding ,ino.at,o,isba^e.^_^^ ^^^^ ,^^y^^ prominent degree now «>"i^'" " '"•^,;; ^..friage of a man with !,,• Prohibited Degrees; -' " -• V „ust not conceal from the sister of bis ^^-^^^i^ , " ' ,,„,,„.es to legah^e another our readers that Mr. W 0, ley s 111 11 ^_^_^^^j^ .^_ ^^ „„ „„•,„„, wliieh, though <«1""'';"'> " „^„,,„ „,,„„ive than that apprehension, in some respects c ., 1^ _^^^^__._^^^ ^^.^^ „ a widower widi bis late w, es sister ^^^ „,.,,ery '-■ "--v'" fcf t f::Lt ::;:;., ...at in the vast portion of the subject. Jt . exceeds, and some- Lijority o. all -'.■■••';«» *;»f,t "^ ".»' ■» "- "^' .•„„es greatly --^■"'l%'.''f:'l be conceived nnder the pres- majority of the cas.s -^'-\~ ^^,^,, ,ha„ bis second bride «="''rb,''::^!i"d"i:.r ti! t:! -mage, whom be ongH. -probably a child d " " = ^^^^^^j ^yes. never to have regarded except P ^^.^^^^^ ^^^^^^^ But such cases are brought lorwaia •20 tho Commissioners— what Mr. Tliornburn calls familiarly " iiicco ciises." Wo do not hero conrmc otirsi>lv«'s to those alliances which Mr. Wortlcy dcsiri's to jK-nnit. Wo do not ret'cr to a Jiirminf!;ham clcriiyinan marryiii}; his witi.''s niece — now a " beneficed cler. 9), unless, which we hope is not the case, lue witnesses refer to two dilloient unions. t Evidence, p. 12. reili.iiJo tlu; u.une cast, is stated in p. 14. I Evidence, Answer i !:.'. n. io- § Evidence, Answer lis, p. i2. II This more than realizes tho case already put too happily by Dr. Pusey, in arswer to Mr. Hatchard, who had contended in his cvidcnco before tho Com- missioners that, though uian and wife are called "one ftesh " by the word of God, yet that, as such relation did not exist before marriage, it ceases when tho marriage is dissolved by death, and, consequently, that the widower is at 111- erty to marry his first wife's sister as being altogether a stranger. " Mr. Hat- chard," says Dr. Pusey (Preface, p. Ixxxiii.), " probably did not obsorve that bis argumint applies equally to the wife's mother or daughteh" vl 21 laws" forl.M a man to marry pitlnM- hh will's sist.M- uv h.8 w.U- :J nicM-e. En.-h ..ftlus.' wouM i>e .vilj.nt ..a.-l. mi-ht h..oxcTr.l.-a i„ ovil There would he no fm-tlu-r limit, as lar as principle is ,„„,,,,uMl, in n.jrar.l to any oth.r case oi' njlinin, : 'Mm\ tx^ Uy rons,, tl.e-e is little proun.l keeps his In-: will infect the man who keeps his gig; the two will corrupt the shopkeeper and the farn)er, and the practice ot Ise will aesceildto'the lowest; so long as all, I,' uplu^dmg each other, can prevent the occurrence-which -a Scotland ami o.) in Ii-c-land still is happily fbuiul— of a ijublic disapprobation, equal in force to law, even if law had been wanting, against the the unsanctified alliance. ^ Bnt "the plagne is begun," and the evil is already gone forth. Legislation, indeed, will make it worse, since the nation as a nation will then be committed to the sin. But even the popidar discussion of the sul)iect, however inevitable, on the right side, when the agitation has been urged on by our oppo- nents, is itself an almost incalculable mis- 'lief. ' Thoughts, which never would have occun-ed to the pure, have been forced on the purest — a relationship which had given a mother to orphans, while it still gave a sister to the widower— is hazarded, if not broken up ; and hundreds, who have looked on each other with the feelings of a blood-relationship, are even now compelled to thiidc that the protection, which saved them from even a doubt or a thought in each other's minds, will no longer save them from suspicion; and the children, the objects of their jOHit care, nuist be abandoned, since some loud and interested elamourers have declai-ed that sisters of a wife deceased are to the widower no more than any other marriageable woman ; and their own delicacy Avill then prompt them to withdraw from a position which no other marriageable woman could fill. The Commissioners thought fit to ad lower orders, I understand, nuirriages of tiiis kind are regarded with great dislike." 23 v( The Bishop of Mcath, speakinjj of public opinion in Irclanrl on this subject, says. p. 156—" Such marriajics have l)cen held in much greater abhorrence than in Kngland. I knoAv of only three or lour in my long life ; and the coui)les so united were ^ut oil from all society, and even from the ac(iuaintance of their nearest relations." If the Commissioners had desired to have the opinions of the clergy of England, their course was clear- namely, to submit to the Archbishops of Canterbury and of York a retiuest that their Graces would in their respective pro- vinces obtain through the several dioscesans the returns of the archdeaconries or rural deaneries, respectively, on the two ipiestions of opinion and of fact. The ophvoiis so collected would, we think, have shown a vast preponderance against altering the existing law. Thii facts, w- also think, would have shown Uiat the existing law is violated far less freciuently than has been assumed. We have ourselves taken town parishes and country par- ishes: in four agricidtural i>arishes there has been no remem- bered instance of a widower marrying his late wife's sister; in another, only one in seventeen years. The Rev J. E. Tyler, having '-made careful incpiiries in his parish of St. Gdes," savs— " I have not known one in my parish since I became rector in 1826." (Ans. 1212, p. 108.) Another London cler- gyman, from whom we have seen a return, maintains that the feelings of the poor, and the habits of the poor, and the silence of the r>oor in respect to any grievance arising from the present law, rdlcomur in proving that, speaking generally, they seek no change. That it is not a i)Oor man's rpiestiou is clear from the fact (App. p. 140), that of the 1048 marriages enumerated by Mr. Crowder, 4 only are in the class of laborers and mechanics.— Of the twelve thousand widowers who marry spinsters, how many have infant children requiring care -and is that care never to be found in the widower's own mother, or in the wid- ower's own sisters ?— is he never to obtain help from his own aunt, or from his wife's aunt ?— and must he see his children orphanlcss, unless ho can prevail on their mother's own sister to 24 violate alike the law of the Bible and the law of the land, and become their stepmother, and the only wife whom he ean find ? Butwithont referring to marriaires, the ban^ existence of any female relation on the husband's side as the protectress of hfs children seems never to have occurred as a possibility even to the wild imagination of the witnesses before the Commission : nor is it ever stated by any one of them tliat his own sisters had ever been or could ever be as mothers to his children. Relations more sacred than tliose of l)rother and sister are, liowever, now at stake. iXdmitting that the alliance is not for' bidden in very terms and sylla])les, she says, for herself and her sex :— " Where the command is not in express words, we bind ourselyes by its spirit ; and on our humble and faithful obedi- ence to its dictates we rest our hopes of future recompense, or ground our fears of future retribution and ])nnishment" (ji. 4) ; and she closes her appeal by earnestly imploring the House' of Commons, as husbands, brothers, and fathers, " to remove no safeguard to our virtue and our peace. If female purity and innocence, domestic harmony and joy, be dear lo you— we entreat your consideration and aid Tand beseech you, in the eyes of your God and of your country, not, for the sake of iho few whose motives cannot bear s.-ruliny, to sacrifice the well- being— the happiness of the whole." I ? ly lis to id 1'- d i- )r ? c c y e i