Part 41

Whether the term of courtship may have been long or short--according to the requirements of the case--the time will at last arrive for

Fixing the Day.

While it is the gentleman's province to press for the earliest possible opportunity, it is the lady's privilege to name the happy day; not but that the bridegroom-elect must, after all, issue the fiat, for he has much to consider and prepare for beforehand: for instance, to settle where it will be most convenient to spend the honeymoon--a point which must depend on the season of the year, on his own vocation, and other circumstances. At this advanced state of affairs, we must not overlook the important question of

Legal Settlements.

These are matters that must be attended to where there is property on either side; and it behoves the intending bridegroom to take care there is no unnecessary delay in completing them. An occasional morning call in one of the Inns of Court at this period is often found to be necessary to hasten the usually sluggish pace of the legal fraternity. On the business part of this matter it is not the province of our work to dilate; but we may be permitted to suggest that two-thirds, or at least one-half, of the lady's property should be settled on herself and offspring; and that where the bridegroom has no property wherewith to endow his wife, and has solely to rely on his professional prospects, it should be made a sine quâ non that he should insure his life in her favour previously to marriage.

How to be Married.

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 blushing village maiden sometimes finds herself announced as a bride-elect before she has received any actual declaration. The clerk receives his fee of two shillings 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 sexton--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 assemblage of relatives, friends, and neighbours (and afterwards, as it were by legal deduction, before witnesses), is the essential and constituent element. Marriage by banns, except in the country districts, is usually confined to the humbler classes 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 circumstances 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 space of fifteen days last past.

SWORN before me, [Here the document 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:--