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 £1, 15s. to £2, 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 £30, 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 £2, 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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