Routledge's Manual of Etiquette Part 24

By this time the gentleman will have made up his mind _in what form_ he will be married--a question, the solution of which, however, must chiefly depend on his means and position in life. He has his choice whether he will be married by BANNS, by LICENCE, by SPECIAL LICENCE, or before the Registrar; but woe betide the unlucky wight who should venture to suggest the last method to a young lady or her parents!

_Marriage by Banns_.

For this purpose, notice must be given to the clerk of the parish or of the district church. The names of the two parties must be written down in full, with their conditions, and the parishes in which they reside--as, "Between A B, of the parish of St. George, bachelor (or widower, as the case may be), and C D, of the parish of St. George, spinster (or widow, as the case may be)." No mention of either the lady's or gentleman's age is required. Where the lady and gentleman are of different parishes, the banns must be published in each, and a certificate of their publication in the one furnished to the clergyman who may marry the parties in the church of the other parish.

It seems singular, albeit it is the fact, that no evidence of consent by either party is necessary to this "putting up of the banns," as is it denominated; indeed, the publication of the banns is not unfrequently the first rural declaration of attachment, so that the blus.h.i.+ng village maiden sometimes finds herself announced as a bride-elect before she has received any actual declaration. The clerk receives his fee of two s.h.i.+llings and makes no further inquiries; nay, more, is prepared, if required, to provide the necessary fathers on each side, in the respectable persons of himself and the s.e.xton--the venerable pew-opener being also ready, on a pinch, to "perform" the part of bridesmaid.

The banns must be publicly read on three successive Sundays in the church, after the last of which, if they so choose, the happy pair may, on the Monday following, be "made one." It is usual to give one day's previous notice to the clerk; but this is not legally necessary, it being the care of the Church, as well as the policy of the Law, to throw as few impediments as possible in the way of marriage, of which the one main fact of a consent to live together, declared publicly before an a.s.semblage of relatives, friends, and neighbours (and afterwards, as it were by legal deduction, before witnesses), is the essential and const.i.tuent element. Marriage by banns, except in the country districts, is usually confined to the humbler cla.s.ses of society. This is to be regretted, inasmuch as it is a more deliberate and solemn declaration, and leaves the ceremony more free from the imputation of suddenness, contrivance, or fraud, than any other form.

A marriage by banns, it is understood, can never be set aside by the after discovery of deception or concealment as respects residence, and even names, on either side. The fees of a marriage by banns vary from _11s. 6d._ to _13s. 6d._ and _15s. 6d._, according to the parish or district wherein the marriage may take place.

_Hours in which Marriages may be Celebrated_.

All marriages at church must be celebrated within canonical hours--that is, between the hours of eight and twelve, except in the case of special licence, when the marriage may be celebrated at any hour, or at any "meet and proper place."

_Marriage by Special Licence_.

By the Statute of 23rd Henry VIII., the Archbishop of Canterbury has power to grant special licences; but in a certain sense these are limited. His Grace restricts his authority to Peers and Peeresses in their own right, to their sons and daughters, to Dowager Peeresses, to Privy Councillors, to Judges of the Courts at Westminster, to Baronets and Knights, and to Members of Parliament; and, by an order of a former Prelate, to no other person is a special licence to be given, unless they allege very strong and weighty reasons for such indulgence, arising from particular circ.u.mstances of the case, the truth of which must be proved to the satisfaction of the Archbishop.

The application for a special licence is to be made to his Grace through the proctor of the parties, who, having first ascertained names and particulars, will wait upon his Grace for his fiat.

The expense of a special licence is about twenty-eight or thirty guineas, whereas that of an ordinary licence is but two guineas and a half; or three guineas where the gentleman or lady, or both, are minors.

_Marriage by Licence_.

An ordinary marriage licence is to be obtained at the Faculty Registry, or Vicar-General's Office, or Diocesan Registry Office of the Archbishops or Bishops, either in the country, or at Doctors'

Commons, or by applying to a proctor. A licence from Doctors' Commons, unlike others, however, is available throughout the whole of England.

The gentleman or lady (for either may attend), before applying for an ordinary marriage licence, should ascertain in what parish or district they are both residing--the church of such parish or district being the church in which the marriage should be celebrated; and either the gentleman or lady must have had his or her usual abode therein fifteen days before application is made for the licence, as the following form, to be made on oath, sets forth:--

... _Proctor_. LICENCE, Dated 187_.

"VICAR-GENERAL'S OFFICE." 187_.

APPEARED PERSONALLY, _A B_, of the parish or district of ----, in the county of ----, a bachelor, of the age of 21 years and upwards, and prayed a Licence for the solemnisation of matrimony in the parish or district church of ----, between him and _C D_, of the district of ----, in the county of ----, a spinster, of the age of 21 years or upwards, and made oath, that he believeth that there is no impediment of kindred or alliance, or of any other lawful cause, nor any suit commenced in any Ecclesiastical Court, to bar or hinder the proceeding of the said matrimony, according to the tenor of such Licence. And he further made oath, that he, the said _A B_ or _C D_, hath had his [or her]

usual place of abode within the said parish or district of ----, for the s.p.a.ce of fifteen days last past.

SWORN before me, [_Here the doc.u.ment must be signed by the Vicar-General, or a Surrogate appointed by him_.]

This affidavit having been completed, the licence is then made out. It runs thus:--

ARCHIBALD CAMPBELL, by Divine Providence Archbishop of Canterbury, Primate of all England, and Metropolitan, To our well beloved in Christ, _A B_, of ____, and _C D_, of ____, Grace and Health.--WHEREAS ye are, as it is alleged, resolved to proceed to the solemnisation of true and lawful matrimony, and that you greatly desire that the same may be solemnised in the face of the Church: We, being willing that these your honest desires may the more speedily obtain a due effect, and to the end therefore that this marriage may be publicly and lawfully solemnised in the church of ____, by the Rector, Vicar, or Curate thereof, without the publication or proclamation of the banns of matrimony, provided there shall appear no impediment of kindred or alliance, or of any other lawful cause, nor any suit commenced in any Ecclesiastical Court, to bar or hinder the proceeding of the said matrimony, according to the tenor of this Licence; And likewise, That the celebration of this marriage be had and done publicly in the aforesaid ____ church, between the hours of eight and twelve in the forenoon; We, for lawful causes, graciously grant this our LICENCE AND FACULTY as well to you the parties contracting, as to the Rector, Vicar, Curate, or Minister of ____, the aforesaid ____, who is designed to solemnise the marriage between you, in the manner and form above specified, according to the rites of the Book of Common Prayer, set forth for that purpose by the authority of Parliament.

Given under the seal of our VICAR-GENERAL, this day of ____, in the Year of Our Lord one thousand eight hundred and ____, and in the ____ year of our translation.

The licence remains in force for three months only; and the copy received by the person applying for it is left in the hands of the clergyman who marries the parties, it being his authority for so doing. In case either party is a minor, the age must be stated, and the consent of the parents or guardians authorised to give such consent must be sworn to by the gentleman or lady applying for the licence. The following are the persons having legal authority to give their consent in case of minority:--1st, the father; if dead--2nd, the guardians, if any appointed by his will; if none--3rd, the mother, if unmarried; if dead or married--4th, the guardians appointed by Chancery. If none of the foregoing persons exist, then the marriage may be legally solemnised without any consent whatever. The following are the official forms for this purpose:--

CONSENTS REQUIRED IN CASE OF MINORS.

_Consent of Father_.

By and with the consent of _A B_, the natural and lawful father of _B B_, the minor aforesaid.

_Guardian Testamentary_.

By and with the consent of _A B_, the guardian of the person of the said _C D_, the minor aforesaid, lawfully appointed in and by the last will and testament of _D D_, deceased, his [or her] natural and lawful father.

_Mother_.

By and with the consent of _A B_, the natural and lawful mother of _B B_, the minor aforesaid, his [or her] father being dead, and he [or she] having no guardian of his [or her] person lawfully appointed, and his [or her] said mother being unmarried.

_Guardian appointed by the Court of Chancery_.

By and with the consent of _A B_, the guardian of the person of the said _C D_, appointed by the High Court of Chancery, and having authority to consent to his [or her] marriage, his [or her] father being dead, and he [or she] having no guardian of his [or her] person otherwise lawfully appointed, or mother living and unmarried.

_When no Father, Testamentary Guardian, Mother, or Guardian appointed by the Court of Chancery_.

That he [or she] the said _A B_, hath no father living, or guardian of his [or her] person lawfully appointed, or mother living and unmarried, or guardian of his [or her] person appointed by the High Court of Chancery, and having authority to consent to the aforesaid marriage.

The previous remarks have reference only to licences for marriages about to be solemnised according to the laws of the Church of England.

_Marriage of Roman Catholics or Dissenters by Licence_.

By the Statute 6th and 7th William IV., 17th August, 1836, Roman Catholics and Dissenters who may wish to be married in a church or chapel belonging to their own denomination, can obtain a licence for that purpose from the Superintendent Registrar of the district in which one of the parties resides, after giving notice thereof a week previous to the same officer. The expense of the licence is 3 12s.

6d.

_Marriage before the Registrar_.

Should the parties wish to avoid the expense of a licence, they can do so by giving three weeks' notice to the Superintendent Registrar; which notice is affixed in his office, and read before the proper officers when a.s.sembled; at the expiration of that time the marriage may be solemnised in any place which is licensed within their district. The Registrar of Marriages of such district must have notice of and attend every such marriage. The fee due to the Registrar of Marriages for attending the ceremony and registering the marriage (by licence) is 10s., and for certificate 2s. 6d; and without a licence 5s., and certificate 2s. 6d.

Marriages also by the above-mentioned Act of Parliament may, upon due notice, be celebrated in the office of the Superintendent Registrar, with or without licence, or with or without any religious ceremony; but the following declarations, which are prescribed by the Act, must be made at all marriages, in some part of the ceremony, either religious or otherwise, in the presence of the Registrar and two witnesses--viz., "I do solemnly declare that I know not of any lawful impediment why I, _A B_, may not be joined in matrimony to _C D_;" and each of the parties shall also say to each other--"I call upon these persons here present to witness that I, _A B_, do take thee, _C D_, to be my lawful wedded wife" (or husband).

It is highly to the credit of the people of this country, and an eminent proof of their deep religious feeling, that all cla.s.ses of the community have virtually repudiated these "Marriages by Act of Parliament;" nor would we advise any fair maiden who has a regard to the comfort and respect of her after connubial life, to consent to be married in the Registrar's back parlour, after due proclamation by the Overseers and Poor-Law Guardians.

_The Bridal Trousseau, and the Wedding Presents_.