A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
[Footnote 293: LECKY, _Democracy and Liberty_, II, 214. There
is already an immense literature relating to the question of
marriage with a deceased wife's sister. The most complete
bibliography of the subject is comprised in Mr. HUTH'S
"Bibliography of Works on the Impediments to Marriage" appended
to his _Marriage of Near Kin_, 393-449; also in part previously
published by the _Index Society_, IV, 1st App. to 1st Report.
In the _Church Quarterly Review_, XV, 426, may be found a table
showing the results of the various attempts to pass the deceased
wife's sister's bill during the period 1842-82.
The absurdities and anomalies of the system are described in
his trenchant manner by LECKY, _op. cit._, II, 214-23. With his
account should be read the able discussion by HUTH, _op. cit._,
124-26. The peculiar arguments of the opponents of a change in
the law, mainly resting upon the alleged authority of the Old
Testament, are best seen in the two volumes of _Tracts Issued by
the Mar. Law Defence Union_ (London, 1889); while the antidote
may be found in T. PAYNTER ALLEN'S _Opinions of the Hebrew and
Greek Professors of the European Universities_ (London, 1882),
prepared for the Marriage Law Reform Association. The speeches
in the two houses of Parliament in 1849, 1851, 1855, 1873,
1883, 1895, and whenever a bill on the subject has been under
consideration, may of course be found in HANSARD'S _Parliamentary
Debates_; and the _Report of the Royal Commission_ of 1848
(London, 1848) is especially important. A strong partisan in
favor of the existing law is LUCKOCK, _Hist. of Marriage_, Part
II, 213 ff., particularly 250 ff., 292 ff., 300 ff. For his and
similar arguments from the standpoint of Hebrew law a partial
remedy, on the homeopathic plan, is afforded by the curious
essay of REV. GEORGE ZABRISKIE GRAY, _Husband and Wife_ (2d
ed., Boston, 1886). Starting with the scriptural premise that
man and wife are "one flesh," not "by his becoming part of her
flesh, nor by both forming a new flesh, but by her entering into
his flesh," the author, arguing with an ingenuity which would
have done credit to Peter Lombard in his palmiest days, reaches
the triumphant conclusion that a widower may properly marry his
sister-in-law. In the same way he shows that by divine intent a
woman may not divorce her husband under any circumstances, for "a
member can not put away the head" (90); though she may "leave"
him--secure a separation _a mensa et thoro_--if he is "cruel or
unclean" (100).
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