In many countries these marriages are legal. In others (such nonsense is the idea of law!) the pope's dispensation, easily obtained for a little money, makes it legal; otherwise, if the two parties have been godfather and godmother to the same child the marriage is absolutely illegal. In France the emperor's permission was necessary. In these countries (it was only in one I was spoken to about it when it happened to come up) they would receive persons as married where English brethren would not (English law is no business of theirs) and the mutual recognition of discipline, and the unity involved in it, is gone. I go to Switzerland or Holland or other places (I have not inquired into what other countries—save that in Prussia, as in most States of America, they can dissolve a marriage when they like, let them be ever so legally married, it is the law of the land) and break bread with a person; I come to England and there he is excommunicated. That is what I meant—if they were rejected they might not know how to get on.
The Swiss marriage is this. A man goes to Geneva, buys a house (kept for the purpose) and is domiciliated in the Canton consequently, married the next day, sells it back the day after to go through the same farce with another. And this makes his marriage valid in the sight of God! In Neuchatel the house is rented for a year, and the local taxes paid, and this to elude the law of England; and then his marriage is holy, which is unholy by that law! God has joined them together, but not without buying the house! If a married couple in Prussia (in communion) separated because they could not agree (this is the law) and married other parties, the law recognizes thereafter the last marriage only. Is the church to be governed by it?
But all I meant was that the question has been raised in a country where such marriages [with a deceased wife's sister] are recognized—if England rejected them and they received them, what would have to be done? Brethren must do what is right, and leave the consequences to God. I am wholly disposed to give to Caesar what is Caesar's, but in the things of God—what God's will is. The Lord keep you all in peace.
Your affectionate brother in Christ.
They cannot be remarried—it is confessing they were never married at all. Nor would anything now make it a bit more legal if they do not quite give up England absolutely. But, in any case, I resist as wickedness making the law of the land the rule of christian judgment.
Pats,
March 17th.