_The Nature of the Ceremony--Religious or Civil--Banns or
Licence--Legal Formalities--Settlements._
The Nature of the Ceremony.
In most foreign countries a civil contract has to precede any
religious ceremony that may be desired. In England the marriage is
either religious or civil, though in order to make the union valid
certain legal formalities must be observed with every religious form
of marriage.
The Religious Ceremony
will not lightly be set aside by those who regard marriage in its
highest aspect; but the nature of the service will differ according to
the views of the contracting parties. A valid marriage can only take
place in a church or chapel duly licensed by the bishop for the
solemnisation of such a ceremony.
Banns.
This word, which we now connect exclusively with the one idea, applied
in former days to any public proclamation. Where marriage by banns is
desired due notice must be given, so that they can be published on
three Sundays, before the ceremony, in the parish or parishes where
the intending bride and bridegroom live at the time. If the wedding is
to take place elsewhere the clergyman who has published the banns
signs a certificate to that effect, which must be given to the one in
whose church the service is performed. If wrong names are wilfully
given in, with intent to deceive, the {82} publication of banns is
invalid, and the marriage will be null and void. If only one party be
guilty of fraud in this respect the proceedings are legal. Unless the
couple are married within three months of the publication of their banns
they must be republished or a licence procured. One object of these
restrictions is to check runaway matches, and to ascertain whether the
parties are of legal age, or are marrying with proper consent from
parents or guardians. A marriage may be performed in a church without
banns on production of a registrar's certificate. I know of a runaway
couple who were married in church as soon as their parents found out
that they had been before the registrar.
Licences.
These are of two kinds, the common and the special. A common licence
is given by the archbishop or bishop, and can be obtained in London at
the Faculty Office, 23 Knightrider's Street, Doctors' Commons, E.C.,
or at the Vicar-General's Office, 3 Creed Lane, Ludgate Hill, E.C.,
between the hours of 10 A.M. and 4 P.M., on all week days, except
Saturday, when they close at 2 P.M. Licences from these two places are
available for use in any part of England or Wales. They cost thirty
shillings, with an extra twelve and sixpence for stamps. In order to
prevent fraud, no licence can be given till one of the parties has
made a declaration on oath that there is no legal impediment to the
marriage, and that one of them has lived for fifteen days in the
parish or district where the wedding is to take place. This last
restriction is often evaded by the bridegroom's taking a bedroom in
which he possibly sleeps one night, and where he is represented by a
bag containing--stones, or a collar, if he likes.
Those licences obtained from the bishop's diocesan registry can only
be used in the diocese where they are issued. They cost from L1, 15s.
to L2, 12s. 6d., according to the diocese. The vicar or rector of any
parish will give full particulars as to how they are to be obtained in
country places.
The Special Licence
costs about L30, and is given by the archbishop through the Faculty
Office under certain conditions. It dispenses with {83} previous
residence in the district, and can be used anywhere and at any time,
providing satisfactory reasons have been given for its issue.
Witnesses.
No marriage should be performed in any church or chapel unless at
least two witnesses are present, who also attest the signing of the
parish register. The ordinary fee for the certificate, or "marriage
lines," is 2s. 7d., including the stamp, but this charge may vary a
little.
The Civil Contract.
This may be done by certificate or licence. If a certificate is
required, one of the parties must give formal notice to the
superintendent registrar of the district in which both have lived for
seven days immediately preceding the notice. If the couple live in
separate places, similar notice must be given by each one. A solemn
statement that there is no legal obstacle to the marriage must be
made, together with notification of their places of residence, and, in
the case of a minor, whether the consent of parent or guardian is
forthcoming. The certificate may not be issued for twenty-one days
after the notice has been entered, and this certificate is only
available for three months.
After the expiration of twenty-one days the wedding may take place at
the Registry Office, in the presence of the superintendent registrar,
a registrar of the district, and two witnesses, within the appointed
hours, from 8 A.M. to 3 P.M. The mutual declaration is short and to
the point. A ring is usually employed, but I have heard of strange
substitutes being used at a pinch.
If a licence is desired, similar formalities must be observed as when
procuring one for use in a church, and one day must elapse between its
issue and the wedding.
No minister of religion need be present at a civil contract, even if
it take place in a chapel or building certified for marriages. Members
of the Society of Friends may, after giving notice as above described,
be married in their Meeting House; but to make it legal, the fact
must be duly registered {84} by the officer of the district as soon
after the ceremony as possible.
The presence of a registrar is not necessary at marriages performed in
Nonconformist chapels if they are duly certified and an "authorised
person" (that is, one duly appointed by the trustees or governing body
of the building) is present during the proceedings. Certain
declarations, similar to those made before the registrar, must be
included in any form of service. The "authorised person" must register
the marriage at his earliest convenience.
Fees for Civil Contract.
A marriage by certificate costs about ten or twelve shillings. With a
licence, the expense mounts up to about L2, 15s.
Settlements.
This is a matter of cold unromantic fact, and one which very ardent,
impossible lovers regard almost in the light of a desecration. As the
prosaic side of life has to be faced, it is very necessary that money
matters should find a place in the matrimonial preparations.
An honourable man is always anxious to effect some arrangement by
which his wife may be safeguarded from ruin or extreme poverty. If she
has money of her own, he will see that it is settled upon her
absolutely. Should he raise, or even hint at, an objection to this
plan, he will lay himself open to a serious charge of possessing
mercenary motives. A man with private means would settle a certain
portion upon his wife; but, in the ordinary course of things, she
would only have the interest of this amount, and would not have
control over the capital during his life. At the same time, it could
not be touched by his creditors.
In more legal language: "By marriage settlements the property to be
settled by one or both of the parties is conveyed to trustees upon
trust as to the lady's property for her separate use during her life,
and after her decease for the husband for his life. The husband's
property is settled on him for life with remainder to the wife for
life. On the death of the survivor the trust is for the children of
the marriage in such {85} shares as the husband and wife, or the
survivor, appoint, and in default of appointment among the children
equally." Clauses as to maintenance and education of the children,
and powers of investment of trust funds, are inserted. In settling
large estates and sums of money various modes of settlement are adopted
to suit the circumstances, but the above is the outline of an ordinary
settlement. Large landed estates are generally settled, after the decease
of the settlers, upon the first and other sons in tail male with cross
remainders between them, and in default of male issue among the
daughters.
The Bride's Dowry,
or marriage portion, is of very ancient origin. Even two centuries
before Christ the wealth possessed by a woman brought her an increase
of respect from her husband, and lessened the humiliation of her legal
and social position. By degrees the rich wife gained the upper hand,
and what the law would not give to her sex as a right, she obtained by
virtue of her money.
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