Tag: church as bride

At a conference last weekend on the family and liberty in the early American republic, I read the following from James Wilson’s Lectures on Law (Wilson was, of course, one of the signers of the Declaration of Independence and one of George Washington’s original appointees to the Supreme Court). When I read it I couldn’t help but think it made union with Christ concrete in ways that “mystical” union do not. Wilson writes:

In pursuance of this principle, a crime, except treason and murder, committed by the husband and wife, shall be charged against him solely; because the law will supposed that she acted under his influence or coercion. In pursuance of the same principle, a husband and wife cannot be witnesses for or against one another; if they were permitted to give testimony for one another, one maxim of the law would be violated – No one can be a witness in his own cause: if they were permitted to give testimony against one another, another maxim of the law would be violated – No one is obliged to accuse himself. . . .

The refined delicacy of the maxim – that husband and wife are considered as one person by our law – appears now in a beautiful and striking point of view. The rights, the enjoyments, the obligations, and the infelicities of the matrimonial state are so far removed from her protection or redress, that she will not appear as an arbitress; but, like a candid and benevolent neighbour, will presume, for she wishes, all to be well.

I know Zrim has been trying to make this point about marriage as a window on union. So I am not claiming anything new. What is striking about Wilson’s lecture, though, is the idea that by virtue of the law, a married couple are one person, so that the benefits and liabilities of each partner extend to the other. If that’s what union with is driving at, giddy up. Also, worthy of note is Wilson’s remark about the effects of union on the wife, as in prompting her to presume “all to be well,” which suggests that the forensic reality changes the wife’s disposition.

Makes perfect sense to me.