Deceased Wife's Sister's Marriage Act 1907
Encyclopedia
The Deceased Wife's Sister's Marriage Act 1907 (7 Edw.7 c.47) was an Act
of the Parliament of the United Kingdom
, allowing a man, if his wife had died, to marry her sister.
Previously, it was forbidden for a man to marry the sister of his deceased wife. This prohibition derived from a doctrine of Canon Law
whereby those who were connected by marriage
were regarded as being related to each other in a way which made marriage between them improper.
) Book of Common Prayer
. Prohibition of marriage between certain degrees of kindred outlawed what is known as incest
; prohibition between degrees of relationship by marriage (affinity
) as opposed to blood (consanguinity
) seems to have reflected an analogous taboo
. At least one novel, Felicia Skene
's The Inheritance of Evil; Or, the Consequences of Marrying a Deceased Wife's Sister (1849) addressed the topic in polemic fictional form.
Under ecclesiastical law, a marriage within the prohibited degrees was not absolutely void but it was voidable at the suit of any interested party. Matthew Boulton
married his deceased wife's sister in 1760. He advised silence, secrecy and Scotland, although they married in London; the marriage was opposed by her brother. Similarly Charles Austen
, the younger brother of Jane Austen
, married his deceased wife's sister in 1820 and remained married to her until he died in 1852.
and John Collier
, both painters, who married the sisters of their deceased wives in Italy and in Norway respectively. However, this was only possible for those who could afford it.
The desire of widowed men to marry the sister of their deceased wife became the subject of particular agitation from the 1860s onwards and strong feelings were roused on both sides. However, it was to be nearly 50 years before the campaign for a change in the law was successful, despite the introduction of draft legislation in Parliament on many occasions. The lengthy nature of the campaign was referred to in the Gilbert and Sullivan
opera
Iolanthe
, in which the Queen of the Fairies sings "He shall prick that annual blister, marriage with deceased wife's sister".
The Deceased Brother's Widow's Marriage Act (Northern Ireland) 1924 was passed to remove doubts as to the application of the Deceased Brother's Widow's Marriage Act, 1921, to Northern Ireland.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, allowing a man, if his wife had died, to marry her sister.
Previously, it was forbidden for a man to marry the sister of his deceased wife. This prohibition derived from a doctrine of Canon Law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
whereby those who were connected by marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
were regarded as being related to each other in a way which made marriage between them improper.
Background
The doctrine that such marriages were illicit was reflected in the Table of kindred and affinity in the Anglican (Church of EnglandChurch of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
) Book of Common Prayer
Book of Common Prayer
The Book of Common Prayer is the short title of a number of related prayer books used in the Anglican Communion, as well as by the Continuing Anglican, "Anglican realignment" and other Anglican churches. The original book, published in 1549 , in the reign of Edward VI, was a product of the English...
. Prohibition of marriage between certain degrees of kindred outlawed what is known as incest
Incest
Incest is sexual intercourse between close relatives that is usually illegal in the jurisdiction where it takes place and/or is conventionally considered a taboo. The term may apply to sexual activities between: individuals of close "blood relationship"; members of the same household; step...
; prohibition between degrees of relationship by marriage (affinity
Affinity (law)
In law and in cultural anthropology, affinity, as distinguished from consanguinity, is kinship by marriage. It is the relation which each party to a marriage bears to the kindred of the other. In English, affinity is usually signified by adding "-in-law" to the degree of kinship...
) as opposed to blood (consanguinity
Consanguinity
Consanguinity refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person...
) seems to have reflected an analogous taboo
Taboo
A taboo is a strong social prohibition relating to any area of human activity or social custom that is sacred and or forbidden based on moral judgment, religious beliefs and or scientific consensus. Breaking the taboo is usually considered objectionable or abhorrent by society...
. At least one novel, Felicia Skene
Felicia Skene
Felicia Mary Frances Skene was a Scottish author, philanthropist and prison reformer in the Victorian era.Skene used the pseudonym Erskine Moir and was a friend of Florence Nightingale ....
's The Inheritance of Evil; Or, the Consequences of Marrying a Deceased Wife's Sister (1849) addressed the topic in polemic fictional form.
Under ecclesiastical law, a marriage within the prohibited degrees was not absolutely void but it was voidable at the suit of any interested party. Matthew Boulton
Matthew Boulton
Matthew Boulton, FRS was an English manufacturer and business partner of Scottish engineer James Watt. In the final quarter of the 18th century the partnership installed hundreds of Boulton & Watt steam engines, which were a great advance on the state of the art, making possible the...
married his deceased wife's sister in 1760. He advised silence, secrecy and Scotland, although they married in London; the marriage was opposed by her brother. Similarly Charles Austen
Charles Austen
Rear Admiral Sir Charles John Austen CB was an officer in the Royal Navy. He served during the French Revolutionary and Napoleonic Wars, and beyond, eventually rising to the rank of rear-admiral.-Family and early life:...
, the younger brother of Jane Austen
Jane Austen
Jane Austen was an English novelist whose works of romantic fiction, set among the landed gentry, earned her a place as one of the most widely read writers in English literature, her realism and biting social commentary cementing her historical importance among scholars and critics.Austen lived...
, married his deceased wife's sister in 1820 and remained married to her until he died in 1852.
1835 Marriage act
The Marriage Act 1835, however, hardened the law into an absolute prohibition (whilst, however, authorising any such marriages which had already taken place), so that such marriages could no longer take place in the United Kingdom and colonies at all (in Scotland they were prohibited by a Scottish Marriage Act of 1567). Such marriages from that date had to take place abroad: see, for example, William Holman HuntWilliam Holman Hunt
William Holman Hunt OM was an English painter, and one of the founders of the Pre-Raphaelite Brotherhood.-Biography:...
and John Collier
John Collier (artist)
The Honourable John Maler Collier OBE RP ROI , called 'Jack' by his family and friends, was a leading English artist, and an author. He painted in the Pre-Raphaelite style, and was one of the most prominent portrait painters of his generation. Both his marriages were to daughters of Thomas Henry...
, both painters, who married the sisters of their deceased wives in Italy and in Norway respectively. However, this was only possible for those who could afford it.
Campaigns
In 1842 a Marriage to a Deceased Wife's Sister Bill was introduced and defeated by strong opposition. "Although seemingly a minor skirmish, [it] had far-ranging implications and was fought on the political scene almost annually for most of the Victorian period".The desire of widowed men to marry the sister of their deceased wife became the subject of particular agitation from the 1860s onwards and strong feelings were roused on both sides. However, it was to be nearly 50 years before the campaign for a change in the law was successful, despite the introduction of draft legislation in Parliament on many occasions. The lengthy nature of the campaign was referred to in the Gilbert and Sullivan
Gilbert and Sullivan
Gilbert and Sullivan refers to the Victorian-era theatrical partnership of the librettist W. S. Gilbert and the composer Arthur Sullivan . The two men collaborated on fourteen comic operas between 1871 and 1896, of which H.M.S...
opera
Opera
Opera is an art form in which singers and musicians perform a dramatic work combining text and musical score, usually in a theatrical setting. Opera incorporates many of the elements of spoken theatre, such as acting, scenery, and costumes and sometimes includes dance...
Iolanthe
Iolanthe
Iolanthe; or, The Peer and the Peri is a comic opera with music by Arthur Sullivan and libretto by W. S. Gilbert. It is one of the Savoy operas and is the seventh collaboration of the fourteen between Gilbert and Sullivan....
, in which the Queen of the Fairies sings "He shall prick that annual blister, marriage with deceased wife's sister".
1907 act and subsequent legislation
The Deceased Wife's Sister's Marriage Act 1907 removed the prohibition (although it allowed individual clergy, if they chose, to refuse to conduct marriages which would previously have been prohibited), but the Act did exactly what it said and no more, so, for example, it was not until 1921 that the Deceased Brother's Widow's Marriage Act 1921 was passed. The Marriage (Prohibited Degrees) Relationship Act 1931 extended the operation of the 1907 Act to allow the marriages of nieces and nephews by marriage as well.The Deceased Brother's Widow's Marriage Act (Northern Ireland) 1924 was passed to remove doubts as to the application of the Deceased Brother's Widow's Marriage Act, 1921, to Northern Ireland.
See also
- Marriage Act 1753Marriage Act 1753The Marriage Act 1753, full title "An Act for the Better Preventing of Clandestine Marriage", popularly known as Lord Hardwicke's Marriage Act , was the first statutory legislation in England and Wales to require a formal ceremony of marriage. It came into force on 25 March 1754...
- Marriage ActMarriage Act-Australia:-Canada:-New ZealandSouth Africa:-Australia::The Marriage Act 1961, Australia's law that governs legal marriage.-Canada::The Civil Marriage Act passed in Canada explicitly permitting same-sex marriages.-New Zealand:...
One of the reasons for passing the Deceased Wife's Sister's Marriage Act was to allow the children of the marriage to be raised by their aunt. - Howards EndHowards EndHowards End is a novel by E. M. Forster, first published in 1910, which tells a story of class struggle in turn-of-the-century England. The main theme is the difficulties, troubles, and also the benefits of relationships between members of different social classes...
by E.M. Forster.
External links
- The text of the 1907 Act may be read here.
- 'As the Angels Which Are in Heaven': Remarriage as Bigamy in David Copperfield and Middlemarch