Mr. Wakley wished to know if the hon. Member intended that witnesses should be examined before his committee? If so, it was unnecessary that any discussion should then take place on the subject. Many complaints had been made to him that the charges made at the cemetries for burying the poor were outrageous, and he feared that unless caution were exercised in conducting the inquiry, monopolies might be created of a very dangerous and pernicious character. He was informed that a poor person could not be buried at a less charge for the ground alone than 10s. He hoped that this subject would be examined into before the committee.

rejoiced to see that in this country at last | If he were to act under the influence of some little attention was paid to this his own feelings, and which he judged to subject, with the view of making the dead be the inclination of the House, he should as little noxious to the living as possible. certainly compress what he had to say In France, Spain, and other countries into the smallest possible compass. If he great attention had been paid to this. had reason to hope that, after having laid the ground for the necessity of some measure upon the subject, which he was about to submit to their consideration—if he could hope that, having convinced the House that it was necessary for the legislature to take some steps, he might then obtain its sanction to lay his bill upon the Table, then he should be able to compress his observations into a volume strictly coincident with the nature and extent of the object he had in view. the object he had in view. But he hardly expected to be allowed the privilege, without serious opposition, of laying his bill on the Table of the House. If, instead of addressing that House in the Session of 1842, he had been doing so in 1836, he should have felt himself considerably relieved from the difficulty of endeavouring to divert the attention of the House for a moment from the political topics which at present agitated the country; but the subject derived no interest whatever from party contests. Since that time seven years had passed away, and three general elections had spread more than the average quantity of mutations over the composition of that House, and it could not be so fresh in the recollection of many of those he had now the honour to address, that in 1835, a most important statute law had been passed by that House under somewhat peculiar circumstances, and he might also say of haste and want of due deliberation, materially affecting a portion of the marriage laws of their country. The main object of that statute was retrospective, and was the legitimization and confirmation of certain classes of marriages within the prohibited degress which had taken place, and which, up to that period, were not void, but voidable by sentence duly pronounced in the Ecclesiastical Court. In the progress of that measure an enactment was grafted on ithow it originated he could not ascertain— which extended further the provision as to future marriages of the same description, and rendered them no longer voidable but void and null ab initio. It was to the prospective character of that enactment that he now called the attention of the House. He must express his opinion that if it had been in his power to enter fully

Sir J. Graham was decidedly of opinion that the time had arrived when some legislative interference was absolutely necessary on this subject; and the comfort of the community and the feeling of decency of civilized minds required that greater space should be provided for the burial of the dead outside the walls of towns. The hon. Gentleman (Mr. Wakley) feared that this inquiry might lead to the establishment of some monopoly on an enactment being passed on that inquiry. But, in giving assent to this inquiry, he guarded himself against sanctioning any legislative measure which might emanate from this committee. He did think that any legislative measure must be very carefully considered by that House; but, on the other hand, he thought that previous inquiry was the best ground for any Legislative measure. With regard to the constitution of the committee, he was quite sure the hon. Member would take every possible caution with respect to the names on that committee, and that, in conformity with the established rule of the House, he would give notice of the Members to be put on it.

Motion agreed to.

THE MARRIAGE LAW.] Lord F. Egerton rose to move for leave to bring in a bill to amend an act, entitled,

"An act to render certain marriages valid, and to alter the law with respect to certain voidable marriages, and to define the prohibited Degrees of Affinity."

into the discussion of that measure at the

subsequently been resisted and avoided by men of a very different complexion than profligates and professed lawbreakers-it had been avoided to a very large extent by men of all classes in this country-by persons of education, and by individuals who had no other moral or social taint than that which accrued from having taken advantage of means for evading of this law. This fact was, in his judgment, alone sufficient to show the necessity for now making that law effectual for the purposes for which it had been origin

time it passed, and had he then that knowledge of the subject which he had since acquired, he did not think that however he might have concurred with those who carried that measure in the main object of it-an object which he admitted was of the greatest value-the removing of doubts as to legitimacy, and the prevention of litigation yet he could hardly have consented to have that enactment with a prospective clause grafted on it. The inconsistency of that retrospective confirmation and annihilation was felt at the time, and after that prospectiveally intended. From the existing state clause was grafted on it, the bill was re- of the law great domestic unhappiness sisted almost to the death. But when it might ensue-great and extensive litigation went through the other House, hon. Gen- on questions of inheritance and the rights tlemen who felt the difficulty were yet of property might occur. To prevent persuaded to agree to the statute as it these evils had been the object of the forstood; but that agreement was made on a mer enactment-it had failed, he redistinct understanding, which was implied peated, to attain it, and why? Because by all who spoke, and acknowledged by persons, thinking they were morally enmost Members, that it was in consequence titled to infringe the law, had resorted for of the lateness of the period, in August the purpose of effecting marriages to Scot1835, that they consented to the bill, and land and countries beyond the dominions not on a full and due deliberation of all of the Crown, and it would be found that the bearings of it, and that something no two lawyers could agree as to whether like a promise was held out, that in an such an evasion of the terms of the act early period of the subsequent Session a due could be defended or not. Hence, though reconsideration should be given to the this was a delicate subject, and one which subject. Seven years had passed since, no man could be more anxious than himand the law still remained as it was then self to avoid, still he held it to be necessary passed. He had thus established the right that the Legislature or somebody of more to moot this question anew. Some might importance than himself should interfere ask, was it wise to move a question in the matter. He had means before him of this description, quieta movere, on so of proving most distinctly everything he delicate and nice a matter? He would had yet stated. He had the opinions of the pass over the question, whether he, who most eminent counsel on the question, and was unacquainted with the law, and he could show further-but would not at without influence in this House ought that hour fatigue the House by doing so→ to bring this question forward; for he that lawyers of eminence were daily and merely followed the advice of those who led hourly consulted as to the means by which him to assent to their wishes on this sub- the existing law could be evaded. But, let ject. He did not assume that they should it be remembered, that the solicitors of pass the particular measure which he sub- London and elsewhere, in a numerous mitted to the House, but it was necessary body, had, upon the occasion when the subthat, from one quarter or another, the due ject had been brought forward in another consideration of the Legislature should be place, petitioned, not indeed for the bill he called for and obtained on the bearings of now sought to introduce, but petitioned for the present marriage law. He need not say the purpose of setting forth to the Legislamore to prove that that law which they ture the difficulties which existed, and the passed in 1835 did not go forth to the necessity for some remedy. He understood country with that sanction that was due to that these petitioners had been spoken of a law which was well considered, and was without much deference to the importance consistent with the practices of civilised of their opinions. Now, on such a subject Christian and Protestant communities, and he paid considerable deference to their that it did not carry that weight which opinions, because their professional interwould secure obedience from all but the ests naturally had a tendency to bias them determined and profligate law breakers. the other way. The solicitors were better He told the House that the statute had acquainted with the stream of life than

show that he had devoted such attention to the subject, as its magnitude required, and as was due to the House. With respect to the objections which had been offered to the measure he was advocating, he believed that they had been derived principally from that portion of Scripture contained in the Old Testament, which was called

other men-they were the "archivists" of families, and, as he might say, the confessors of private life; and he was the more disposed to think well of their opinions, because in the face of their professional interests they had no petti-fogging views. They acted on the reverse principle of that ⚫ mentioned in the story of two fox-hunters, who had fallen into a quarry; the one was" Leviticus." He should omit, however, desirous to call out, to warn the rest of the field; the other exclaimed, "Hold your tongue, wait; the pit will be full presently!" Now, he could understand, why, if these petitioners had looked at the question in a pettifogging point of view, they would have adopted the principle laid down in this narrative. They would have said, "We are laying the seeds of litigation-we shall reap a rich harvest-we shall have plenty of law suits which will bring grist to the mill." Now, that harvest he wished to prevent. The bill he desired to present was one which was nearly identical with that brought forward in another place last year, by a noble Lord now high in the service of her Majesty's Government, and, without going into particulars, he would confine himself to the point on which the principal discussion had taken place elsewhere, and which, he anticipated, would engage the attention-perhaps, the opposition, of some hon. Gentlemen in this House. He thought it his duty at once to state, that the bill he proposed to introduce would enable a widower to marry the sister of his deceased wife. This was a very important, and, with great deference to the opinions which might be entertained both in that House and elsewhere, was to be considered in a twofold point of view;-first, in a religious point of view; and, secondly, the social expediency of its consequences on this side of the grave. With respect to the first point of view, and the obligation to look at it in a religious light, he was sure it was only too obvious to the House, that he felt he must tread lightly on such sacred ground, in such an assembly as the present. He would endeavour to show, however, that he had not taken up this matter on light considerations; and he believed the House would give him credit when he said, that if, on looking at the subject, he had considered he was impeded by the revealed word of God, which all should reverence, he would not now stand forward, and trouble the House on this question. He should, therefore, confine himself as much as possible, within such limits as would suffice to

entering upon that very difficult and abstract question. But he might state, that his own conviction was, that there was no conclusion to be drawn from Scripture, that there was anything which enjoined him to consider, that that part of sacred writ was binding on a Christian Legislature; and he would only then add, that he should ultimately, with all the diffidence and deference which ought to be employed by any one who was dealing with such a subject, be prepared, if necessary, to defend the course he was pursuing, and, therefore, he trusted, that the House would pardon him, if at present he passed lightly, as he wished to pass over, this part of this important question. He would not enter at present into the question of the practice of Protestant as compared to Roman Catholic countries in this respect; but he was not aware, that it had ever been understood, that the dispensing power of the Pope had extended to sanction anything which was obviously and avowedly in opposition to the word of God, and they all knew, that these marriages had been allowed in Catholic countries. However, he had no reason to suppose, that any opposition which he might have to expect to this measure was founded on this ground, or that it was supposed by those who were adverse to a change in the present law, that there was anything insuperable in the law of God, that should prevent the further progress of this measure. Individuals doubtless, might have come to this conclusion, but he meant to say, that it was not a conclusion which had been brought forward in those quarters in which, if it had been brought forward, he should most certainly have maintained a profound and reverential silence. Passing, therefore, this part of the subject, he came to the question of expediency, and the consequences on this side of the grave. What struck him was, that there was nothing to be deduced from a balance of probabilities in respect to this question which entitled the Legislature to interfere with the choice which every one of mature age, and of the prudence which every man ought to

exercise on a matter affecting the happiness | that it was very easy to conduct that of his whole future life. Hon. Gentlemen very familiar intercourse which was supmight come to a different conclusion, but posed by those who made this objection. his own opinion was, that the balance of But put the case, that the parties were probability was in favour of his proposal; allowed to marry; it would not surely be this, however, he must be allowed to say, thought, that those who did not marry was far more than he was called upon to had any very questionable attachment for prove. It was supposed by many, that one another. These were some of the the permission to marry the sister of a objections which were made sometimes on deceased wife would interfere with the one side, and sometimes on another. But friendly and familiar intercourse which at when on a subject so sacred, he thought, present took place between the hus- that those who objected were bound to band and the sister-in-law. He al- make out a case of social expediency to a lowed, that it was difficult to divine con- very great amount before they were ensequences. He admitted, that some moral titled to make their objections. He had monster might be induced to seduce his said, that this statute was evaded to a wife's sister, having first found from his very considerable extent, and that its solicitor, that he could marry her after his enactments were not treated with that dewife's death. On the other hand some ference with which the near relationship wives might be so jealous of civilities shown of affinity and consanguinity was treated to a sister as to cause the peace of families by all but criminals; still it was very to be disturbed. But it appeared to him to difficult to come at the statistics of this be very difficult to secure the peace of fami- matter, and for this reason, that however lies so constituted by legislative enactments. unjust the law might be considered by He could not think that the object was a fit the parties, they might and often did one for a legislature to endeavour to effect. feel that the existence of the law caused a Again it was supposed, on the other hand, slur on their characters which they were that his measure would tend to diminish uuwilling to exhibit before the public, and that personal sanctity which ought to ap- hence it was, that any one who had pertain to the sister of a wife in the eyes of contracted, or wished to contract, a the husband-that it would tend to in- marriage of this sort might be exfringe and diminish that intangibility pected to be very unwilling to have his which now surrounded the sister of a name and case brought forward. With wife; it appeared to him, however, that respect to the extent to which the law this feeling of sanctity environing the had been evaded, he might mention, that sister-in-law arose from something very he believed that, since 1835, in Manchesdifferent from any statute that had been ter alone, about ninety-one cases of evasion introduced into this country. Undoubt- of it had been ascertained to have occuredly there were degrees and shades of red, and it was supposed, that four or five moral turptitude in every class of immoral times as many had taken place. He was transactions; there were degrees even in afraid that the law was much more likely the atrocious crime of adultery; but the to be evaded among the lower classes than considerations respecting this matter among the higher; for he considered, that rested, as it appeared to him, on matters it was very difficult for persons of inferior totally different from any statute; and education to draw the line between the though he was not disposed to say, that moral and practical effect of the statute of against those additional shades of guilt it 1835. They were bound also to consider was not advisable to enact punishments by in dealing with such a subject how far penal statutes, which we did not, be it re- they were interfering with the liberty of marked, do at present, yet to his mind it was the subject. But it was not an easy matter not possible to trace the superior personal to put ourselves in the position of others. sanctity which environed a sister-in-law to There was one argument, which was used the operation of any law whatever. But, by Bishop Jewel, and used, too, by him as again, it was objected, that his measure a topic of consolation to a friend who had would operate unfavourably with respect consulted him under circumstances similar to the degree of intercourse between the to those they were now contemplating, sister and the person who was the husband which had been since used as an argument of the deceased sister, and the father of addressed to the subject in general; and her children, which it might introduce or thinking as he did upon the subject, he lead to. But at present he was not sure, must say he was glad that the opponents L

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VOL. LXI. Series}

of his opinion could not find any stronger | leave her children to the care of her weapon of argument with reference to that sister. Surely, it was a great responsipart of the subject that bore upon the question of expediency in defence of their views. The words of Bishop Jewel, addressed, as he had said, to one who had applied to him for advice and consolation under such circumstances as these were,

"The world is wide, and there are other women from whom you may choose your

wife."

bility in the law to interfere between a man and such injunctions of a wife. He repeated that he did not mean to assume that his views on the subject were sufficient to warrant the particular conclusion to which he had come, but he did think he was justified in saying that this was a more than hasty law requiring and and one which ought not to have been calling for the most careful consideration, legislated upon as it was in 1835, though Now much the same was said to our first at that time the confession was made that parents, when, "with wandering steps and legislation was not lasting and perpetual. slow," they began their walk from Para- He trusted that he had, however, made dise," The world was all before them." out such a case as would induce the House But was that a consolation to them, when to entertain the subject in all its bearings. looking back they saw the sword of the He should not think it his duty to enter avenging angel flashing over the walls into the history of the laws by which which they had left? No; they were pay- these prohibitions were created. It was ing the fruit of their disobedience, fore- well known that up to 1835 those prohibiwarned, as they had been, of the conse-tions rested only on the canons of 1603, quences that would follow their neglect Archbishop Parker's prohibited degrees. of that direct and positive mandate. There There had been no subsequent canon the voice of Heaven had been expressed; or enactment of the sort until the but in this case the voice of Heaven was second enactment of the statute of silent, and that of man had been given 1835. By the bill which he proposed, with a hesitation and confusion of utter- he removed the effect of that statute, and ance that deprived it of its due authority. in a schedule he would set forth the Here too, perhaps, "some natural tears degrees of consanguinity and lineal affinity they shed;" but who could say what to which the prohibition would apply. He change of scene and lapse of time could should propose to make the prohibitions as mitigate the regrets of one who would distinct as possible; and, upon the whole, very probably be at that age when passion, he did not think that by the measure he to use the words of Burke, had lost half should run the risk of weakening the its grossness, but not all its power, and moral sanctity of marriage, which it was who might perhaps feel those affections now feared would attend an alteration of which had been extinguished for the mo- the law. He considered that by dealing ment by a crushing domestic calamity, out strict justice they would not impair revive and recover towards a person whom the strength of that which in this counhe might consider their legitimate object, try they all desired to maintain, but, on and if so, as being worthy of his warmest the contrary, materially aid and support devotion. Come between that person and it. He had hardly mentioned the subject that object if you would, and blast his of the state of the law in foreign countries hopes, but spare at least your cold and with regard to this subject. It was one insulting consolation. Preach to him; from which the supporters of the existing reason with him; threaten him, if you law could derive little assistance. In the would; tell him of Basil, of Diodorus, most Christian communities of Europe and of Councils of Illiberis; but do not these marriages were allowed under various tell him that the world is wide before him, restrictions. These restrictions, in the and that there are other women for his Protestant States of Germany, were chiefly wife and for the stepmother of his children. directed against the crime of previous He might bow to the dictation, though adultery, and in some instances they inthat was doubtful; he might submit to vested the sovereign with a power of the law, because he felt the expediency of dispensation similar to that which in so doing; but, at least, such oil and wine Roman Catholic countries lay in the Pope. as that would only fester in the wound. The common consent of other Protestant To look at the case as far as regarded the Christian countries in favour of allowing feelings of a wife. A wife might desire to these marriages rendered it to him more