The 'banns of marriage', commonly known simply as "the 'banns'", (from an
Old English word meaning "to summon") are the public announcement in a
parish church that a
marriage is going to take place between two specified persons.
The purpose of banns is to enable anyone to raise any legal impediment to it, so as to prevent marriages that are legally invalid, either under
canon law or under
civil law. Impediments vary between legal jurisdictions, but would normally include a pre-existing marriage (having been neither dissolved nor annulled), a vow of
celibacy, lack of consent, or the couple's being related within the
prohibited degrees of kinship.
In
England, under the provisions of
Lord Hardwicke's Marriage Act, a marriage is only legally valid if the reading of the banns has taken place or a marriage licence has been obtained. By this 1753
statute, 26
Geo. II, c. xxxviij, the banns are required to be read aloud in church over a period of three Sundays prior to the actual
wedding ceremony. Banns must be read in the home parish churches of both parties to the marriage, as well as in the church where the marriage ceremony is to take place (where this is different). Omission of this formality renders the marriage
void. Prior to this law, it was possible for
eloping couples to marry clandestinely in various places—finding an imprisoned clergyman in the
Fleet Prison was one well known way (a "
Fleet Marriage"), at least for couples near
London. After the law, elopers had to leave England, usually for
Scotland, and proverbially to the village of
Gretna Green, in order to contract a marriage while avoiding these formalities. These details often figure in
melodramatic literature set in the period.
In the
Roman Catholic church the form of words spoken by the priest is as follows. 'I publish the banns of marriage between (Name of party) of the Parish of........ and (Name of other party) of this Parish. If any of you know cause or just impediment why these persons should not be joined together in Holy Matrimony, ye are to declare it. This is for the (first, second, third) time of asking.'
According to the rites of the
Church of England (Marriage Act 1984), similar wording is used. In addition:
★ (1) ... banns shall be published on three Sundays preceding the solemnization of the marriage at the time of divine service.
★ (2) Banns shall be published in an audible manner and in accordance with one of the following forms of words:
★
★ "I publish the banns of marriage between A.B. of ----- and C.D. of -----. If any of you know any cause or just impediment why these two persons should not be joined together in holy matrimony, ye are to declare it. This is the first [second or third] time of asking." or
★
★ "I publish the banns of marriage between A.B. of ----- and C.D of -----. If any of you know any reason in law why these persons may not marry each other, you are to declare it now."
In the
Canadian province of
Ontario, the publication of banns for three consecutive weeks remains a legal alternative to obtaining a
marriage license. Two same-sex couples
married this way at the
Metropolitan Community Church of
Toronto on
January 14,
2001, since the province was not then issuing marriage licences to same-sex couples. The marriages were ruled valid in
2003. See
Same-sex marriage in Ontario.
In the Canadian province of
Québec, equivalent formalities are required for all marriages, although the statutes do not use the word "banns". There is no requirement for a government-issued license, but a written notice must be posted at the place of the wedding for 20 days beforehand, and the officiant verifies the eligibility of the intended spouses.
The Banns as a Play Prologue
A second use of "the 'banns'" is as the prologue to a play, i.e., a proclamation made at the beginning of a medieval play announcing and summarizing the upcoming play. An example can be found in the Croxton ''Play of the Sacrament'', a Middle English miracle play written sometime after 1461.
External links
★
"Banns of Marriage" in the ''Catholic Encyclopedia''
★
Church of England
★
Ontario Marriage Act, R.S.O. 1990
★
Book 2 of the Civil code of Québec