A requirement for
banns of marriage was introduced to
England and
Wales by the Church in 1215. This required a public announcement of a forthcoming marriage, in the couple's
parish church, for three Sundays prior to the wedding and gave an opportunity for any objections to the marriage to be voiced (for example, that one of the parties was already married), but a failure to call banns did not affect the validity of the marriage.
Marriage licenses were introduced in the 14th century, to allow the usual notice period under banns to be waived, on payment of a fee and accompanied by a sworn declaration, that there was no
canonical impediment to the marriage. Licenses were usually granted by an
archbishop,
bishop or
archdeacon. There could be a number of reasons for a couple to obtain a license: they might wish to marry quickly (and avoid the three weeks' delay by the calling of banns); they might wish to marry in a parish away from their home parish; or, because a license required payment, they might choose to obtain one as a status symbol.
There were two kinds of marriage licenses that could be issued: the usual was known as a
common license and named one or two parishes where the wedding could take place, within the jurisdiction of the person who issued the license. The other was the
special license, which could only be granted by the
Archbishop of Canterbury or his officials and allowed the marriage to take place in any church.
To obtain a marriage license, the couple or more usually the bridegroom, had to swear that there was no just cause or impediment why they should not marry. This was the marriage
allegation. A bond was also lodged with the church authorities for a sum of money to be paid if it turned out that the marriage was contrary to Canon Law. The bishop kept the allegation and bond and issued the license to the groom, who then gave it to the vicar of the church, where they were to get married. There was no obligation, for the vicar to keep the license and many were simply destroyed. Hence, few historical examples of marriage licenses, in England and Wales, survive. However, the allegations and bonds were usually retained and are an important source for English
genealogy.
Hardwicke's Marriage Act 1753 affirmed this existing ecclesiastical law and built it into statutory law. From this date, a marriage was only legally valid, if it followed the calling of banns in church or the obtaining of a license—the only exceptions being
Jewish and
Quaker marriages, whose legality was also recognized. From the date of Lord Hardwicke's Marriage Act, up to 1837, the ceremony was required to be performed in a consecrated building.
Since July 1, 1837, civil marriages have been a legal alternative to church marriages, under the
Marriage Act 1836, which provided the statutory basis for regulating and recording marriages. So, today, a couple has a choice between being married in the
Anglican Church, after the calling of banns or obtaining a license or else, they can give "Notice of Marriage" to a
civil registrar. In this latter case, the notice is publicly posted for 15 days, after which a civil marriage can take place. Marriages may take place in churches other than Anglican churches, but these are governed by civil marriage law and notice must be given to the civil registrar in the same way. The marriage may then take place without a registrar being present, if the church itself is registered for marriages and the minister or priest is an Authorised Person for marriages.
The license does not record the marriage itself, only the permission for a marriage to take place. Since 1837, the proof of a marriage has been by a
marriage certificate, issued at the ceremony; before then, it was by the recording of the marriage in a
parish register.
The provisions on civil marriage in the 1836 Act were repealed by the
Marriage Act 1949. The Marriage Act 1949 re-enacted and re-stated the law on marriage in England and Wales
