The restrictions upon the common-law freedom of marriage are now embodied in two statutes.
The 4 Geo. IV., c. 76, contains the following provisions : Banns of matrimony are to be ,published in the church, or a public chapel in which banns are allowed to be published, of the parish or chapelry wherein each of the parties dwells, immediately after the second lesson of morning service, or of evening service if there be no morniug service, upon three Sundays preceding the solemnisation (s. 2). Notice of the names of the parties, their place of abode, and the time during which they have dwelt there, is to be delivered to the minister seven days before the first publication (s. 7). Banns are to be republished on three Sundays, if marriage do not take place within three months after publication completed (s. 9). No licence of marriage (that is, dispen sation from the obligation to publish banns) is to be granted to solemnise marriage in any church or chapel not belonging to the parish or chapelry within which the usual place of abode of one of the parties has been for fifteen days immediately before the grant ing of the licence (s. 10). Extra-parochial places are to be taken to belong to the parish or chapelry next adjoining (s. 12). Upon ob taining a licence, one of the parties must swear that he or she believes that there is no impediment of kindred or alliance (consanguinity or affinity), or of any other lawful cause, nor any suit commenced in any ecclesiastical court, to hinder the marriage, and that one of the parties has, for fifteen days immediately preceding, had his or her usual place of abode within the parish or chapelry ; and where either of the parties, not being a widower or widow, is under the age of twenty-one, that the consent of the person or persons whose consent is required by that act has been obtained, or that there ie no person having authority to give such consent (a. 14). The father, if living, of any party under twenty one, not being a widower or widow, or, if the father be dead, the guardian or guardians of the person of such party, or one of them, and in case there be no guardian, then the mother of such party if un married, and if there be no mother unmarried, then the guardian or one of the guardians of the person appointed by the Court of Chr.nc iry,
has authority to give consent to the marriage of such party; and each consent is required, unless there be no person authorised to give it (a. 16). In case of the father, guardian, or mother being non compos ntentis, or beyond sea, or unreasonably or from undue motives refusing or withholding consent, any person desirous of marrying may petition the lord-chancellor, master of the rolls, or vice-chancellor ; and in case the marriage proposed shall, on examination, appear to be proper, the lord-chancellor, &c., may judicially declare the same to be so ; and such declaration shall be equivalent to consent of the father, &c. (s. 17). if a marriage be not had within three months after licence, marriage cannot be solemnised without a new licence or banns (s. 19). The archbishop of Canterbury is authorised to grant special licences to marry at any convenient time or place (s. 20). If any persons, know ingly and wilfully, intermarry in any other place than a church or such public chapel, unless by special licence, or, knowingly and wilfully, intermarry without the publication of banns and licence, or, know ingly and wilfully, consent to the solemnisation of such marriage by a person not being in holy orders, the marriage is null and void (s. 22). (1t has been held, that in order to invalidate a marriage under this section, both parties must know the irregularity of the proceeding.) When a marriage is solemnised between parties, both or one of them being under age, by false oath or fraud, the marriage is valid, but the guilty party ie to forfeit all property accruing from the marriage (8. 23). After the solemnisation of any marriage by banns or licence, no proof can be required of actual dwelling or usual place of abode, nor can any evidence be received to prove the contrary (s. 26). Marriages are to be solemnised in the presence of two wituesses besides the minister, and registered.