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received seven days' notice, is bound, unless otherwise notified (1766), to publish the banns on the three successive Sundays, after the second lesson of both morning and afternoon service (if there be two services), and in doing so he must use the following words: "I publish the banns of marriage between A, of.

or widower), and B, of

(bachelor,

(spinster, or widow). If any of you know cause or just impediment why these two persons shall not be joined together in holy matrimony, ye are to declare it. This is the first [second, or third] time of asking."

1766. Forbidden Banns.—Should the clergyman receive due notice from either of the parents or guardians of either of the parties to an intended marriage that they forbid the banns, and such party is under twenty-one years of age, or is otherwise disqualified for the marriage proposed, the clergyman is then legally bound to abstain from publishing the banns, and is liable to punishment should he then publish them.

1767. Protest.-Any person may, immediately after the publication of banns, or to the clergyman at the end of the service, protest against the marriage, and if the protest can be legally sustained, the proceedings are put an end to.

1768. Effect of Publication.—The banns of an intended marriage having been duly published, and not protested, the marriage may be solemnized (by arrangement with the minister or parish clerk), at either of the churches where the banns were published, within three calendar months after the publication, but not elsewhere, nor after the end of the three months.

II.-BY LICENCE OF A BISHOP.

1769. Application.—A marriage licence may be obtained on application to a surrogate.

1770. Bishop's Representative.—A surrogate is a bishop's representative for the purpose of granting marriage licences.

1771. Villages.--Where there is only one church in a parish, the incumbent is usually a surrogate.

1772. Towns.-In towns where there are more churches than one, certain of the incumbents are selected by the bishop to act as surrogates.

1773. London.-In the metropolitan district, marriage licences may be procured either of a local surrogate or in Doctors' Commons. 1774. By Whom.-Application for a bishop's marriage licence. must be made by one of the parties; and

1775. The Declaration.—Whoever applies for a bishop's marriage licence is required thereupon to make declaration as follows :—

Diocese of London.

Appeared personally,

December 1st, 1868.

John Smith, of the parish of Camberwell, in the County of Surrey, [bachelor or widower] and prayed a licence for the solemnization of matrimony in the parish church of Kingsland, in the County of Middlesex, between him and Caroline Jones, of the parish of Kingsland, in the County of Middlesex, [spinster or widow] aforesaid,and made oath that he believeth that there is no im. pediment 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 she the said Caroline Jones hath had her usual place of abode within the said parish of Kingsland, for the space of fifteen days last past (1934).

Sworn before me:

[Signature of the surrogate.]

(Signed)

JOHN SMITH

1776. Under Twenty-one.-If either of the parties is under twentyone years of age, then the declaration must affirm the consent of the parents or guardians of such parties.

1777. Form. The following is a form of a marriage licence:

Stamp.

JOHN, by divine permission, Bishop of London, to our well beloved in Christ,

and

John Smith, of Camberwell, in the County of Surrey, [bachelor or widower] Caroline Jones, of Kingsland, in the County of Middlesex, [spinster or widow] Greeting-Whereas, ye are as is alleged determined to enter into the holy state of matrimony, at the parish church of Kingsland, in the County of Middlesex, and are very desirous of obtaining your marriage to be solemnized in the face of the church.-WE are willing that such your honest desires may more speedily have their due effect; and therefore, that ye may be able to procure such MARRIAGE, to be freely and lawfully solemnized in the parish church of Kingsland aforesaid, in our diocese

by the RECTOR, VICAR, CURATE, or OFFICIATING MINISTER thereof, without the publication or proclamation of 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 that the said MARRIAGE be openly solemnized in the church above mentioned, between the hours of eight and twelve in the forenoon; We do hereby, for good causes, give and grant our Licence and Faculty, as well to you the parties contracting, as to the RECTOR, VICAR, CURATE, or OFFICIATING MINISTER of the said church where the said MARRIAGE is intended to be

solemnized, to solemnize the same in manner and form above specified, according to the rites and ceremonies prescribed in the Book of Common Prayer in that behalf published by authority of parliament.

Storn under the seal (which we use in this behalf) the first day of Decem fer, in the year of Our Lord one thousand eight hundred and sixty-eight, and in the first year of our translation.

[Signature of the surrogate, or otherwise that of the bishop's registrar.]

1778. Effect of Licence.-The surrogate is authorized to issue the licence immediately after the declaration is made, and the marriage may take place forthwith, or any legal time within three months afterwards, in the church or chapel specified in the licence, but not afterwards nor elsewhere.

III. BY SPECIAL LICENCE.

1779. The Archbishop of Canterbury may, at his discretion, grant a special licence for the solemnization of a marriage, without any restriction as to the time os place; but the like declaration must be made as in the case of a licence ordinarily issued by a surrogate. 1780. A special marriage licence may be procured by and through the same means as an ordinary bishop's licence. Special licences do not specify any particular church or place where the marriage is to take place, nor do they require the previous residence of either of the parties in any particular parish or district.

1781. In all other respects special licences are available in the same manner as ordinary licences, and, like them, they are only available for three months.

IV. BY CERTIFICATE OF A SUPERINTENDENT

REGISTRAR.

Persons desirous of availing themselves of authority to marry by certificate, must conform to the following provisions :

1782. Notice. One of the parties must give notice to the superintendent registrar of the district in which they both reside; or if they reside in different districts, then one of the parties must give notice to the superintendent registrar of each district respectively, in the manner following :—

[blocks in formation]

I, the undersigned

in the County

hereby give you notice, that a marriage is intended to be had (state where, and any other particulars) within three calendar months from the date hereof, between me and the other party named in the following form :

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And I hereby solemnly declare, that I believe there is no impediment of kindred or alliance, or other lawful hindrance to the said marriage, and that I. the above-named have for the space of seven days [if the marriage is to be had with licence (1794, 1797) write fifteen days] immediately preceding the giving of this notice, had my usual place of abode.

And I further declare, that I am not a minor under the age of twenty-one years, and that the other party herein named and described is not a minor under the age of twenty-one years [or if either or both are under twenty-one, state so as follows]:

And I further declare that

being under twenty-one

years of age, the consent of [parents or guardians] has been duly given and obtained [or, there is no person whose consent to the marriage is by law required.]

And I make the foregoing declarations solemnly, believing the same to be true, well knowing that every person who shall wilfully make and sign any false notice for the purpose of procuring any marriage shall suffer the penalties of perjury. In witness thereof, &c.

Signed and declared by the above

Signed

in the presence of

Superintendent Registrar.

1783. Guardians.-The superintendent registrar is required offcially to read such notice at the next meeting of the Board of Guardians, but his omission to do so in no wise affects the progress of the other proceedings or the validity of the marriage.

1784. Notice Book.-Such notice must be entered in the notice book of the district, or in each district respectively, and a true copy placed conspicuously in the district office or offices respectively.

1785. Twenty-one Days.-If not notified to the contrary, twentyone days after such notice has been so placed, the superintendent registrar, or one of them respectively, will, when requested to do so by or on behalf of the party by whom the notice is given, issue a certificate.

1786. Form.-A superintendent registrar's certificate of marriage notice is as follows:

I

the

Superintendent Registrar of the district of in the County of do hereby certify, that on day of 18, notice was duly entered in the Marriage Notice Book of the said district, of the marriage intended between the parties bereifter named and described, and of such marriage being intended to be solemnized [with or without licence] delivered under the hand of

cae of the parties (that is to say) :

[Here will follow copy of previous form.] (1782).

The issue of this certificate has not been forbidden by any person authorized to forbid the issue thereof.

Date of notice

Date of certificate

Witness my

hand this ———————— day of

18

Superintendent Registrar.

This certificate will be void unless the marriage be solemnized within three calendar months after the date of the entry of notice.

1787. Substitute.-A superintendent registrar's certificate of notice of marriage may be used, and will effectually stand, instead of the publication of banns; and,

1788. Clerical Obligation.-The clergyman of the church or chapel designated is bound to marry the parties in like manner as after the publication of banns (1768); or,

REGISTERED BUILDINGS.

1789. A superintendent registrar's certificate of notice of marriage is available for marriage in any building registered under the Act for that purpose, providing such building is duly entered and notified in the certificate.

1790. Terms of Registration.-Registration for marriages is only granted to buildings used exclusively for religious worship.

1791. Forms and Ceremonies.—Marriages in a registered building may be solemnized according to any form or ceremony which may be Customary in such building for such occasions; but,

1792. Presence of Registrar.-Every marriage in a registered building must be in the presence of the superintendent registrar, or some registrar of the district in which the registered building is situate; and

1793. Certificate is Essential.—At every marriage in a registered building the production of the certificate of the superintendent registrar is essential.

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