The Legal Position of the ClergySmith, Philip Vernon
Religion
The Legal Position of the Clergy
Smith, Philip Vernon
Canon law; Clergy -- Legal status, laws, etc. -- Great Britain; Ecclesiastical law -- Great Britain
the licence has been fraudulently obtained; and it is not his business
to ascertain that one of the parties has actually resided within the
parish.[250] The requirement as to correctness of the names of the
parties is not so strict in the case of a licence as in the case of
banns; and the suppression in the affidavit leading to the licence of
part of the name of one of the parties for the purpose of concealment
has been held not to invalidate the marriage.[251] The grant of a
marriage licence is a matter of favour and not of right.[252]
13. The marriage must be solemnised in the church or chapel, or one of
the churches or chapels, in which the banns have been published, or in
the church or chapel named in the registrar's certificate or in the
marriage licence, within due time after the requisite preliminary
formalities have been gone through. It should not be solemnised on the
same day as the last publication of the banns; but if it does not take
place within three months after the complete publication of banns or
grant of the licence (as the case may be), it is not to be solemnised
until after the banns have been duly republished on three Sundays, or a
new licence has been duly obtained.[253] Similarly if a marriage
intended to be sanctioned by a registrar's certificate does not take
place within three calendar months after notice has been entered by the
superintendent registrar, it is not to be solemnised until a new notice
has been given and the entry duly made, and a certificate thereof given,
as required by the Marriage Act, 1836.[254] Except under the authority
of a special licence, it must be solemnised between the hours of eight
in the forenoon and three in the afternoon, but the incumbent may
appoint his own time for it within those hours.[255] It may be
solemnised by either a priest or a deacon,[256] but a clergyman cannot
solemnise his own marriage.[257] By canon and statute it must not take
place in a private place, but in a church or chapel, and in time of
Divine service, and before at least two witnesses. But the canonical
regulation as to marriages being solemnised during Divine service is
now, by custom, universally disregarded; and even a marriage celebrated
in the vestry of a church and in the presence of one witness only has
been held to be valid, though such a precedent ought not to be
followed.[258] A clergyman who knowingly and wilfully solemnises a
marriage elsewhere than in a church or chapel where banns may be
lawfully published, or at any other time than between eight in the
forenoon and three in the afternoon (unless by special licence from the
Archbishop of Canterbury), or without due publication of banns, unless
under a marriage licence or on a registrar's certificate, is guilty of
felony and punishable accordingly.[259]
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