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Wedding Licences.circa 1878

ProfilePosted byOptionsPost Date

Alan

Alan Report 2 Jan 2011 10:30

Patchem, thanks for that. I used to help here myself and should have remembered to Google. I'm not looking for anyone in particular.......I've been transcribing Parish Registers for a long time now and only just wondered under what circumstances Licences are issued and where the Registers are held.

patchem

patchem Report 2 Jan 2011 09:59

From a google search:
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.

Since July 1, 1837, civil marriages have been a legal alternative to church marriages, under the Marriage Act 1836 and the Registration 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.


Are you trying to find a licence that was granted but no wedding took place?

Alan

Alan Report 2 Jan 2011 09:12

Within my Tree, no-one has been married by Licence and consequently I have'nt thought about the subject. Asking a question on another Site, I am aware that 'documentation' is generated in the form of a Licence and the issue of a Licence must be recorded in somewhere.
Does anyone have any ideas where such Registers are kept ?