DECEASED WIFE'S SISTER

Dominion, Volume 3, Issue 689, 14 December 1909, Page 7

DECEASED WIFE'S SISTER

'.;■■-, ■:; BEFUSAL OF'SACEAMENT. ': !'''. f (By Tol«staph.-Preie Asaoclntion.-^Oepyrl(lit,)' ? :;' •,'■ '■"■'-■'■ ■■■'-■ ■■■■ ■•;>.: tpndan, December; 12.- ! . ' of ...Appeal dismissed.. Canon ThoiiipsonV appeal 'against an.: pider.V of :tiio Court of.Arches that hd' shouldcease to refuse the ; Sacrament- to ■'Mγ.':,and. 'Mrs:vßanister,' on .account-'of ■■.'the Matter; being tho sister of ■ Mr. Canister's.'■ first '..wife;;: ■;.' ■ ■\.,Jf-:': .'-'"• •'• ■ ':>' . -.'. : ; '; ,■ TH| ; CIRCUMSTANCES OF THE CASE." j, Tl ?e.;,oirouiristances. b : f ..the' above <> case areLWP'ii'ift. marriage took.:place:.at -St.' wiless,---Montreal, on 'August. 12, 1907, being jupseqi»fntly-:ronderod--valia' in England , by the^ Deceased ;.Wife's .Sister's ■ 'Marriage' ; Act In : the: colirso'of. a'cqrres'pohdenoo: lietw«eh-tho vipar. nnd'-'Mr. "Banister,' Canon • Thompson TO™'—.-.My siraplß; reason' for. declining- , to admit.Vjou,to! the-Lord's Tablo' is'.'that you' knqinnKly and: wilfully ~contracted a un'iqri which >-as':deplared iinlavTul botii .by."the Church.and, by the kw: of the land." 'By reason of the, affinity'of. the, parties,.the vicar sulimined they; werii ■ "oi>en aud notorious evil hvors; within:, the.'meaning of .'tho rubric.' ' :, J? delivering at .the first hearing tlia Dean, of Arches said the'proniotors , admitted to;b.e persons , of -eslablished , . position and.; joputatiohi and, , ' oxeept.' so far /as their marriage might , be .'deemed to aff*ot ! the that : tor, of unbjemislied cliaraoter. It'seerhed difCJ' ctiH.vtb:.contend'..: that ■■ British -colouists : "or. fpreigners r lawfully..inarried in their own country, were to.bb regarded.'as evil.ljvers, ph'.ac«qunt of .their-raarriage/if they came to England.', It was itrped i. that whatever might' be said for,.residents jvn other countries, or'for .persons resident -in this i country who werb not members of the.Church:of England, the promoters;being ra«mbprs of .the 'Church'of England wore ecclesiastically 'open and : hotori-' 'OusOTil livers, bebauke-the rule of the Church' °i n England, expressed in the 99th Canon' of . J0!)3- liranqed- these marriages as contrary 'to the-laiYs of God.'. /He\fpund it impgssiblo-to - say that these persons, lawfully • married ac- , fording.to-the law of the.laud,: could by. anv reasopiibje' use:.: of .language be described as' : open, and riotonous evil-, livers, merely -because ' they were livirigi: together as man and ■ 'wife, lilt' would''be. enough- for'the , decision of -..this .-case Id hold, as:he,didith'a(:' the promoters did'not come , as.-c]early ; 'within,tTie pfohibition of the ,Tuono.".Jis to enable or entitle.the defendant to •repel'. - theth. ; i --- ; '. , --,. : .■■■■;;'•■':■.■■ -■■•.-';■: :■' . ;, ':' : .■''■'■.'■';■; :-■...;■, 'STATEMENT BY THE AECHBISHOP 01 , ■^^; ; v?£-';E'- ; .-.■■V'.'' ~'; . 'vv:' ■ ■In :his address'.to the York- Diocesan Confer-' oncoiu October, the Archbishop of: York (Dr. Cosmo lang) made an important statement regarding the Churoh and 'tte marriage laws. He said:. "It is important to remember, first, ihat thb;,Statb cannot,'and : expressly attempt to do more than permit the union of a man'with'Ms'deceased wife's sister ivsa civl] contract,, It: does not even profess to abrogate tho law; of: tho Church, as expressed■• in its 99th Canon, which' rehiains binilink upon the clergy and all Mho: officers. of the Cliurch, and t which, surely, iaputitlod' to the loyalty of all I'its (Applause,) "Secondly,, the State, I while sanctioning,these civil contracts, has left the. clergy free to continuo to act: on their own convictions..': •■ A resolution. was tft • be proposed on 1 the subject, vrhich ho hoped would be carried.- The : clergy were.at least-entitled to look to him,, as theiir. bishop, for. some advicb.. r I hayoko hesitation in giving it. 'It is that thoy should avail' themeblves of the discretion expressly left to them to decide that if such marriages are to take place'-at-'all, they shall not take place in church. (Loud applause.) On themuch more difficult question as to the position.of persons who .have,'; since the passing' p" the Xaij contracted: such marriages, in regard to, tho privileges of .the Church, and especially of the : admission to Holy Communion, lot mo say I frankly hesitate to hold: that tho mare contraction of such a-marriage under.the.authority of thf^public:law, apartfrom any other special cirouii|stances,4pes: of itself constitute [ the persons contracting it-such 'open, and notorious -.evil' ' livers, and creating such public scandal; among their .neighbours; .that they: :«ught to. be .deemed .excommunicate.' Cpnse-' fluently,: since there are always, special circum; stances to. be considered,. I would, advise in ayery case that tho clergy should refer to the bishop for advice or direction, as they may desire." .(Applause.) ,'/•.' '■ '-',' ■■• '■■'■■'• ■ ;. TJ)e following resolution was carried :VThat fieeingthat all marriages within the prohibited degrees of affinity (whether allowed by tho law of tho land or not) are contrary to the moral riilo of the Church of England, and tho principles implied in tho Holy Scriptutes as interpreted by it, the use of the Prayer Book-ser-' vice for the solemnisation of holy:matrimony in' respect to any..such- marriages ..is most strongly.to bo reprehended." "■