however vexatious the effect of such tardiness may have been, we should impute the result to a continued system of negligence rather than to a solitary example. Even as it was, the chaplet was torn from his wreath with extreme difficulty; a majority of sixteen decided the election. The number, after a poll that lasted through one entire day and night and part of the next day (no adjournment being allowed), were for Lord Grenville, 406; Lord Eldon, 390; the Duke of Beaufort, 238. Such a numerous body of voters never polled before; the members of convocation on the books were 1274, the number that voted, 1084. The most memorable contest in the annals of academical elections would not have been thus concluded had not an influential college (Queen's) been induced at a late hour to throw away its votes on the candidate whose canvass afforded no rational hope of success. Lord Eldon felt the disappointment the more keenly as he had anticipated a different result, and to a shade of displeasure may perhaps be attributed his selection of New College, a college which had supported him, for the education of his grandson, Lord Encombe, in preference to the hostile Christ Church. Had the vacancy occasioned by Lord Grenville's death occurred a few years sooner, the University would have hailed the venerable peer as their Chancellor with joyful and universal acclamation. But the opportunity came too late; at 83 years of age he could only say to admiring academics "moriturus vos saluto," and saw with pleasure the great captain of the age, the champion of Conservatism, elected without opposition. "Peace has her victories"-" Not less renowned than war." To bear his part in one of the most remarkable that "these piping times" have furnished, Lord Eldon revisited Oxford in June, 1834, and witnessed the brilliant pageant of the installation. It was in the theatre, from whose rostrum he had recited his prize essay 63 years before, that the affecting scene was presented which must have been recalled to the vivid remembrance of many spectators by a picture in the last year's exhibition. At the ceremony of conferring on Lord Encombe the Doctor's degree, the applause was deafening. Every eye turned upon the Earl of Eldon, while his was fixed upon his grandson. When the newlymade doctor ascended the steps of the Chancellor's chair, the

Duke of Wellington clasped his hand with an evident friendship that again drew forth cheers, which were redoubled as Lord Encombe, instead of proceeding at once to his place among the doctors, paused as he passed the High Steward, and taking his hand, bowed down upon it in token of deference and affection for him to whom, there could be no doubt, these acclamations of the theatre were chiefly intended. After looking at his grandson for some monents, listening to the pealing thunders of popular applause, his eyes wet with tears of joy and tender pride, the aged Earl sank his head upon the desk before him, and completely overcome, covered his face with his hands from the view of the spectators. That hour must have been a full and more than sufficient atonement for any past mortification. In the language of the old dramatist

"Sire to his father, every tear he shed

Was three score ten years old.";

The manner of testifying her gratitude to one, who had most zealously advocated her tenets, and most faithfully advanced her interests, was alike gratifying to him, and honourable to the University. To associate his name by a permanent memorial with that University had already been accomplished. In May, 1829, several noblemen and gentlemen, admiring the character of Lord Eldon, had assembled at Lord Arden's House in St. James's Place, and agreed that the following proposal should be submitted to the public.

Those whose names are hereto subscribed are desirous of manifesting by a suitable and lasting testimony, the deep and grateful sense they entertain of the eminent services of John, Lord Eldon, throughout a long and laborious public life, during which his exertions have been ably and uniformly directed to the preservation and maintainance of the established constitution of this country.

At a general meeting held at the Thatched House, the Duke of Richmond, in the chair,-it was resolved, that it appears to this meeting, that a Testimonial at once creditable to the subscribers and honorable to the Earl of Eldon, would be the establishment of an Eldon Law Scholarship at Oxford, thereby recording Lord Eldon's connection with the profession of the Law and of the University of which he was so distinguished

an ornament; and at the same time conferring a real benefit, as well as a distinction, upon meritorious individuals, who may have to struggle with difficulties in the early part of their professional career. Further excellent resolutions were passed"That the candidates be protestants, of the Church of England and members of the University of Oxford, who, having passed their examination for the degree of Bachelor of Arts, shall have been rated in the first class in one branch at least of examination, or shall have gained one of the University prizes, and who shall intend to follow the profession of the law." The first election was to take effect from the 4th June, being Lord Eldon's birth-day. It was arranged that the trustees should pay a sum not exceeding 2007. per annum, for three years to each Eldon scholar, by which time he might be called to the bar. Lord Tenterden was requested to accept the office of

visitor to the foundation.

On this imperishable basis rests the memory of the great Chancellor, a monument more durable than the bronze statue or marble bust; a permanent record of his fame in the University he loved so well, and a lasting encouragement for able recruits to the profession he adorned. Some future John Scott, in character and intellect may be qualified by this munificence to emulate his career; one more honorable to himself and useful to his country cannot be presented to the example of the Eldon scholar.

T.

ART. VIII.-LEGALITY OF A MARRIAGE WITH THE SISTER OF A DECEASED WIFE.

THERE is no duty more immediately incumbent on the government of a country than that of keeping its laws in strict accordance with the manners and feelings of the people; for any striking want of harmony in this respect is sure to be followed by a gradual weakening of the authority of the legislature, and a habit of disobeying legal injunctions of any kind obviously tends to degrade the general standard of morality. As regards poachers and smugglers, for example,can there be any doubt that the habit of transgressing game laws and revenue acts under the direct sanction of the higher classes, has led thousands to suspect that other laws for the protection of property stand on no better basis?

A still worse class of baneful enactments are those-of which the canon prohibiting persons in holy orders to marry is an example-where the indulgence of a natural and perfectly innocent inclination is prohibited under the pretence of its being contrary to Christianity. In such a case, the reaction is to the last degree demoralizing-naturam expellas furcâ, tamen usque recurret-in some way or other the inclination will be gratified; but since, in the struggle to free themselves from a restraint instinctively rebelled against, men are compelled to question the assumed authority and set at defiance many feelings and opinions they have been accustomed to respect, the inevitable effect of this perverted use of the religious sanction is to bring not human merely but divine injunctions into neglect. The legislature, moreover, has no excuse for tolerating such laws, as there is a plain test by which they are always distinguishable. It is this :-Whenever a law is openly and avowedly transgressed by persons occupying a respectable position in society without losing character or caste, that law is, morally speaking, a bad law, and unless, there are strong grounds of policy for continuing it, should be repealed.

Circumstances have led us to apply this test to a law, rule, or doctrine-we hardly know what to call it-which has crept into and become a recognized part of our system, under the notion of its having been enjoined by religion and the

legislature, though in reality it has no sound foundation of any sort to rest upon, beyond the hasty, ill-considered and mistaken adoption of it by the courts. We allude to the doctrine that a marriage between a man and the sister of his deceased wife is within the Levitical or prohibited degrees, and consequently bad; and the object of the following pages will be to shew, as concisely as possible, that this doctrine is erroneous, and that parliament should interfere immediately to counteract the influence of the mistake. The bare history of the question will go far towards justifying our views.

For some time prior to the Reformation, the degrees within which marriages might be contracted were prescribed by the canon law, i. e. virtually and in effect by the Popes, whose interest it was to impose as many restrictions as possible that they might afterwards extort a revenue by dispensing with them. At one period these restrictions extended to the seventh degree of kindred or affinity, and Coke instances a case in which a marriage was declared null, and the issue bastardised, on the ground of the husband's having been godfather to the wife's cousin. Such an instance is alone sufficient to deprive the old Roman Catholic doctrine on this subject of the least shadow of authority. Still, in the wellknown dispute which caused the first breach between England and the Pope, his Holiness was clearly in the right. Henry the Eighth had married his brother's widow under a dispensation. After living with her twenty years, he applied for a divorce on the ground of consanguinity; not from any real scruples of conscience, but because he wished to replace his old wife by a younger one

"'Twas love first taught our Henry to be wise,

And Gospel light first dawned from Boleyn's eyes."

In shaking off the yoke, therefore, it was necessary to preserve some semblance of consistency, and those restrictions only were declared null which the king had no personal motive to maintain. Accordingly, in 25 Hen. VIII., c. 22, s. 3, a marriage with a brother's wife, or a wife's sister, is expressly declared to be within the prohibited degrees, all marriages between persons more remotely connected being legalized. This statute, however, is commonly regarded as