I. By Publication of Banns,—Banns must be published for three Sundays preceding the marriage in the parish church of the parish in which the parties dwell, or in some church belonging to such parish and in which banns are accustomed to be published. If the parties dwell in different parishes, the banns must be published in both parishes.
Where, as is the case in many populous districts, part of a parish as defined for civil purposes has been constituted by the Ecclesiastical Commissioners a separate and distinct parish for ecclesiastical purposes, persons resident in such ecclesiastical parish must publish their banns in the church of that parish and not in "the mother parish."
The marriage must be solemnized within three months after the publication of the banns, otherwise they will have to be re-published.
Notice to be given to the Rector, etc.—Seven days at least before the time required for the publication of the banns the parties must deliver to the incumbent a notice in writing, dated on the day of delivery, giving their true Christian names and surnames, their addresses within the parish, and the time during which they have lived at such address.
Due publication of the banns.—After the marriage has taken place no question can be raised as to the residence of the parties. But if persons knowingly and wilfully intermarry without due publication of their banns, the marriage will be void; and it must be remembered that there can be no "due publication of the banns" if the parties fraudulently alter any of their names in such a way as to prevent their recognition. But the fact that one of the parties has fraudulently altered a name without the knowledge of the other will not affect the marriage.
Consent of parents, when required.—Where one of the parties, not being a widow, or widower, is under age, consent to the marriage must be obtained from the father, or, if he be dead, from the guardian appointed under his will, or if there be no such guardian, from the mother. If the marriage be, in fact, solemnized without such consent it will nevertheless be valid.
Where either of the parties is under age after the banns have been published, their publication will be void if at their publication either of the parents or the guardian of such person objected thereto.
Solemnization of the marriage.—The marriage can only be solemnized in the church, or one of the churches, in which the banns were published. Where, by reason of the parties being resident in separate parishes, the banns of one of them has been published in a church other than that in which the marriage is to take place, a certificate of the due publication of the banns in the former must be obtained from the incumbent thereof, and delivered to the clergyman of the parish in which the marriage is to be solemnized. The ceremony must be performed between 8 a.m. and 3 p.m., and in the presence of two or more credible witnesses, besides the clergyman. The marriage must be registered immediately after it is solemnized, and the register must be signed by the clergyman, the parties married, and the witnesses.
II. By an Ecclesiastical Licence—which may be either an ordinary licence or a special licence.
(1) An ordinary licence is an authority granted by a bishop by which a marriage is permitted to be solemnized without the publication of banns. Whether such licence can be obtained otherwise than as a matter of grace is more than doubtful. In any case, in order to obtain it, one of the parties must personally swear before the surrogate or other person having authority to grant it, that he believes there is no impediment to the marriage; that one of the parties has for fifteen days immediately preceding resided in the parish in which it is to be solemnized; and, where either of the parties (not being a widow or widower) is under twenty-one, that the consent of the parents or guardians has been obtained, or that there are no parents or guardians.
The marriage can only be solemnized in a church belonging to the parish in which one of the parties has so resided for fifteen days; and is subject to the
