Banns, or BANS, OF MARRIAGE. This is one of three alternative preliminary forms now essential to the legal celebration of marriage in England, the other two being episcopal license and a registrar's certificate. Banns of marriage, like many of our ecclesiastical regulations, have their origin in the ancient practice of the Roman Catholic Church, which our reformers wisely refrained from abolishing. By the publication of these banns is meant the legal proclamation or notification within the parish, district, or chapelry, and in the proper church or chapel, of the names and descriptions of the persons who intend to be there married; the object being that all who have objections to the marriage may be enabled to state them in time. If the bridegroom live in a different parish from the bride, the banns must be proclaimed also in that parish, and a certificate of such proclamation must be produced before the celebration of the marriage. According to the old English canon law, the publication of banns might be made on holidays; but a change was made to Sundays by Lord Hardwicke's Marriage Act in 1753, and although that act was afterwards superseded by the 4 Geo. IV. chap. 76, the regulation as to Sundays has been since continued. Seven days' notice at least must be given to the clergyman before publication of banns. Banns are to be published in an audible manner, according to the rubric prefixed to the marriage-service in the Book of Common Prayer, upon three Sundays preceding the ceremony, during the time of morning-service, or of evening-service (if on the day of publication there shall be no morning-service) immediately after the second lesson. Marriages celebrated without publication of banns, or license, or a registrar's certificate, are null and void. By the Marriage Act of 1836, the bishop may license chapels for the celebration of marriages in populous places; and by 1 Vict. chap. 22, banns may be published in such chapels. If the marriage be not celebrated within three months after publication of banns, the marriage shall not take place until the banns shall have been republished on three several Sundays, unless it be a marriage by license, or now, by certificate, which two latter alternatives, however, must also be availed of within the three months.
The purpose of the law is to secure public knowledge of intended marriages, and therefore it is not necessary that such publication should be made in the real baptismal names of both or either of the parties; it is sufficient that the banns be published in the names by which the parties are known, or either of them. But if either of the names used be false, to the knowledge of both parties, the marriage is void. As the publication of banns invites people to object, if the parent or guardian express dissent, it is the duty of the clergyman, when such objections are offered, to proceed no further; and if he marry a minor, notwithstanding such dissent, he will be liable to severe penalties by the ecclesiastical law, though he will not be liable to an indictment. Again, on the other hand, if a clergyman of the Church of England refuse, without cause, to perform the marriage, he is liable to an action.
In Scotland, Fraser shows that banns were first sanctioned by councils which were held in that country long before the time of the Council of Trent. After the Reformation in Scotland, the practice of proclaiming banns was continued. In 1712 the privilege of publicly celebrating marriage was extended to the Scotch Episcopalian clergy, and in 1834 to those of other dissenting bodies. When both of the parties have their Domicile (q.v.) within Scotland, and enter into marriage in England or Ireland, they must have their banns proclaimed in the parish of their domicile in Scotland, otherwise they are liable to the penalties of clandestine marriage. By the Marriage Notice Act, 1878, a certificate of publication of notice of marriage may be issued by a registrar to persons resident for fifteen days in the district; the fee for registry is 1s. 6d.
The Scotch law differs from the English in regard to the effect of non-publication of banns. In England, in some cases, the consequence is to render the marriage absolutely void. In Scotland, however, marriage, without proclamation of banns, is valid; but in such case the parties, celebrator, and witnesses, are liable in special penalties. See MARRIAGE; SPECIAL LICENSE; REGISTRATION OF BIRTHS, DEATHS, AND MARRIAGES.
In the United States, banns of marriage are not required in most states, having been gradually superseded by the marriage license; in some states even this is not required. Each state has entire jurisdiction over its own citizens on the subject of marriage.