If the marriage is by banns, the clergyman must satisfy himself that the banns have been duly published. The certificate is usually produced. But if a licence in due form is brought to him, all he has to do is to assume its regularity and perform the ceremony, subject to any impediment transpiring (x). If, however, one of the parties is a divorced person, he is not bound to perform the ceremony, but must allow the use of his church, so that any other Church minister entitled to officiate within the diocese may perform the service (y). Also no minister of religion is bound to marry on a registrar's certificate (≈); but if in any other cases he refuses, e. g., for non-payment of the fee (a), or because one of the parties is not willing to be confirmed (b), he would probably be liable to punishment in the Ecclesiastical Court, if not to criminal indictment. It is contended, and with great justice, that now civil marriages are possible, the clergy should have greater powers of refusing to marry given them. The marriage ceremony (as some think) should be begun in the body of the church and finished at the Lord's Table; the removal from the body of the church taking place during the psalm, which is to be sung "going to the Lord's Table"; but by custom the ceremony is usually begun and finished in the chancel, the minister standing within the communion rails (c). For the words "priest" and "minister" in the rubric, person in holy orders" may now be read, and the rubric ought to be altered accordingly. A deacon performing the ceremony is bound to go through the whole service. An impediment may be alleged on the day of the marriage, and if supported by giving proper security to the parties for damages, then the solemnization must be deferred until such time as the truth can be tried (d). The clergy in medieval times in the English Church were not allowed to (x) Tuckniss v. Alexander (1863), 32 L. J. Ch. 794. (y) 20 & 21 Vict. c. 85, ss. 57, 58. (b) Reg. v. Moorhouse James (1850), 4 Cox C. C. 217. (c) Rubric; and see Wheatley, P. B. (d) Rubric. contract matrimony; but this restriction was removed at the Reformation (e). A clergyman cannot perform his own marriage ceremony: if he does, it is null and void. It seems that from the times of the Primitive Church there has never been any distinction between the marriage of a clergyman and a layman (ƒ). If the marriage is performed by the registrar, it must be in pursuance of the superintendent registrar's certificate (q. v.) corresponding to banns, or his licence (q. v.) corresponding to the "common" ecclesiastical licence. The marriage must take place in a registered building according to such form and ceremony as the parties may see fit to adopt, with open doors, between the hours of 8 a.m. and 3 p.m. (g), in the presence of some registrar of the district in which such registered building is situate, and of two or more credible witnesses; and in some part of the ceremony, and in the presence of such registrar and witnesses, each of the parties shall declare (in England in English, and in Wales in Welsh) that they know of no impediment, and each of the parties shall say to the other, "I call upon these persons here present to witness that I, A. B., do take thee, C. D., to be my lawful wedded wife (or husband) "(h). In the case of Papists and other dissenters, the legal form is generally gone through in the vestry of the church or chapel after the religious ceremony. A marriage may be celebrated apart from any religious ceremony, at the office of the superintendent registrar or some registrar of the district under similar conditions to the above (¿), and, if desired, a religious ceremony may be subsequently added either in a Church of England or dissenting place of worship; but in the former case the marriage must not be entered in the parish register, as it does not constitute the legal ceremony (k). A marriage by a registrar is null and void if any persons (e) 5 & 6 Edw. 6, c. 12. (f) Beamish v. B. (1861), 9 H. of L. Cases, 274. (g) 49 & 50 Vict. c. 14. (h) 6 & 7 Will. 4, c. 85, s. 20. (k) 19 & 20 Vict. c. 119, s. 12. shall knowingly and wilfully intermarry in a place other than that specified in the notice and certificate (7), or without due notice to the superintendent registrar, or without certificate duly issued, or licence, or in the absence of the registrar (where his presence is required) (m). Many marriages void under these Acts have been subsequently legalized by Act of Parliament (n). Felony. As before stated, a Church of England minister, who knowingly and willingly solemnizes a marriage without the Acts being complied with, is guilty of felony. So, also, is a person who, pretending to be in episcopal holy orders, solemnizes a marriage according to the office of the Church (0); and in order to convict such a person it is only necessary to show that his letters of orders are spurious to his knowledge. The prosecution is not bound to show that he has no other valid orders, and the fact that the bishop has licensed or instituted him, on the strength of such spurious letters of orders, is no defence (p). As to persons other than clergymen of the Church of England: Any person who knowingly and wilfully solemnizes marriage in any other place than that specified in a registrar's certificate and notice, or in the absence of a registrar, or (except by licence) within twenty-one days after entry of the notice, or, if the marriage is by licence, within seven days after such entry, or (in any case) after three calendar months from such entry, is guilty of felony. Registration. All marriages are required by law to be registered, the registering officers being, clergymen of the Church of England, the registrar under 6 & 7 Will. IV. c. 85, the registering officer of the Quakers, and secretaries of Jewish synagogues (1). Certificate of marriage costs 3s. 7d. See REGISTERS. (1) But see Stallwood v. Tredger (1815), 2 Ph. 287. (m) 6 & 7 Will. 4, c. 85, s. 42. (n) See Greek Marriages Act, 1884, and stat. cited 2 Ste. Com. 249; and 52 & 53 Vict. c. 38. (0) 4 Geo. 4, c. 76, s. 21. (p) Reg. v. Ellis (1889), 16 Cox, C. C. 469. (7) 6 & 7 Will. 4, c. 86, s. 31; and 19 & 20 Vict. c. 119, s. 22. See REGISTERS. Fees. The fees for a Church marriage depend upon custom. The usual fees are:-if after banns 128. (minister 6s. 8d.; clerk 3s. 4d.; sexton 28.); if by licence 17s. 6d. (minister 10s.; clerk 5s.; sexton 2s. 6d.). It has, however, been held that a marriage fee of 13s. (minister 10s.; clerk 3s.) could not have had a legal origin by custom, on account of its large amount, and is unreasonable even now (). The fee for a registry marriage is only 5s., or if by licence 10s. (s), and the Bishop of London has brought in a bill the effect of which if it becomes law will be to reduce Church fees to the level of registrars' fees. Where the parties to a marriage are both Quakers or both Jews, the above rules do not apply, and the marriages are solemnized according to their respective usages (f). There are also special provisions as to consular and foreign marriages (u). MINISTER at one time applied only to deacons, but is now the most comprehensive ecclesiastical title. In the Prayer Book it means "officiating clergyman," whether bishop, priest, or deacon (v). It is also the word usually employed by the Church of Scotland and by Protestant Dissenters to denote a clergyman of their communions, and in this sense is constantly used in the statute law (x). In the statute 13 Eliz. c. 12, and canons 31 and 32 the word "minister" evidently means "priest" of the Church of England. When a new district is formed under the New Parishes Acts, the person nominated to perform pastoral duties in the district has the legal style or title of "minister," but when the district becomes a parish the "minister" becomes the "vicar" (y). (r) Bryant v. Foot (1868), L. R. 3 Q. B. 497. (s) 6 & 7 Will. 4, c. 85, s. 22. 152-165. (u) See the Foreign Marriage Acts, 1849 to 1891, the last of which is 54 & 55 Vict. c. 74. (v) See ABSOLUTION; BISHOP; and Read v. Bishop of Lincoln (1889), 14 P. D. 148. (x) E. g., 51 & 52 Vict. c. 41, s. 2, sub-s. (2) (a); 52 & 53 Vict. c. 38, s. 1; and Keet v. Smith (1875), 1 P. D. 73. (y) See PARISH. MINISTRATION. There is some little doubt whether the legal meaning of "ministration" is confined to those duties which a minister is primarily bound to do, or whether it extends to certain of those duties which a layman may also perform. The point is of some little importance, as a clergyman is only bound to wear the surplice "during his ministratrations" (z). MINOR ORDERS are now obsolete in the Church of England, unless the lay readership can be considered as such. The Bishop of Lichfield confers the title of lector, and the Bishop of London that of diocesan reader (a). In the Church of Rome there are four minor orders-acolyte, exorcist, reader, and porter; the office of sub-deacon being by them now considered as one of the greater or holy orders. MIXED CHALICE. The addition of water to the wine during the Lord's Supper is of great antiquity, and is prescribed in the Prayer Book of 1549, but it has disappeared from all later books, and is now held to be illegal. The addition is also illegal if the mixing takes place apart from and before the service (b). This, of course, means a "ceremonial" mixing. There would seem to be no objection to the wine being diluted beforehand. In fact, all wine is a mixture of which a very large proportion is water. The symbolic meaning of the mixed chalice is very varied and doubtful (c). MONITION, a direction by an ecclesiastical judge to do a certain act. Under the Pluralities Acts, it must be under the hand and seal of the bishop, and must be served either personally or in manner directed by the Acts (d). (z) See VESTMENTS. (a) See PUBLIC WORSHIP, Lay Ministrations. (b) Hebbert v. Purchas (1871), L. R. 3 P. C. 653; and see Read v. Bishop of Lincoln, L. R. (1891) P. 9, 21, 30; judgment on appeal to P. C. shortly expected. (c) Read v. Lincoln, ubi sup., p. 23. (d) 1 & 2 Vict. c. 106, s. 112; am. 48 & 49 Vict. c. 54; and see Public Worship Regulation Act, and INHI BITION. |
