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
The nature of the problem and the way it is conceived by the English
theological mind are thus strongly stated by Lecky in the fine
paragraph with which he closes his interesting discussion of these
marriages: "It would be difficult to overstate the extravagance of
the language which has been sometimes employed in England by their
opponents. One gentleman, who had been Lord Chancellor of England,
more than once declared that if marriage with a deceased wife's
sister ever became legal 'the decadence of England was inevitable,'
and that, for his part, he would rather see 300,000 Frenchmen landed
on the English coasts.[299] Pictures have been drawn of the moral
anarchy such marriages must produce, which are read by American,
colonial, and continental observers with a bewilderment that is not
unmixed with disgust, and are, indeed, a curious illustration of
the extreme insularity of the English mind. The truth seems to be
that there are cases in which the presence of a young and attractive
sister-in-law in a widower's house would, under any system of
law, produce scandal. There are others where, in all countries, a
sister-in-law's care and presence would seem natural. There are
cases where every murmur is silenced by the simple consideration
that the two parties are at perfect liberty to marry if they please.
Experience--the one sure guide in politics--conclusively shows how
quickly the best public opinion of a country accommodates itself
to these marriages; how easy, natural, and beneficent they prove;
how little disturbance of any kind they introduce into domestic
relations. They will long be opposed on the ground of ecclesiastical
traditions, and apart from all considerations of consequences, by a
section of theologians in England, in America, and in the Colonies.
Those who consider them wrong should abstain from contracting
them, and a wise legislature will deal gently with the scruples of
objecting clergymen, as it has done in the case of the marriage of
divorced persons. But the law of the land should rest on other than
ecclesiastical grounds, and a prohibition that has no foundation in
nature or in reason is both unjust and oppressive. It is not for the
true interests of morals or of family life that the law should brand
as immoral, unions which those who contract them feel and know to be
perfectly innocent, and which are fully sanctioned by the general
voice of the civilised world, by an overwhelming majority of the
English race, by a great and steadily increasing weight of public
opinion at home, and by repeated majorities in the House of Commons.
In an age when most wise and patriotic men desire that the influence
and character of the Upper House should be upheld and strengthened,
few things can be more deplorable than that this House should have
suffered itself to be made the representative of a swiftly vanishing
superstition, the chief instrument in perpetuating a paltry and an
ignoble persecution."[300]
Public-domain text, read in full here on John Shaqi.
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