[9]. Regular catechising is enjoined both by the Canons and by the Prayer Book. But the direction in the 59th Canon, that it shall take place for half-an-hour or more before Evening Prayer, is superseded by the rubric at the end of the Catechism, which requires the incumbent of every parish diligently upon Sundays and holy days, after the second lesson at Evening Prayer, openly in the church to instruct and examine so many children of his parish sent to him as he shall think convenient, in some part of the Catechism.
[10]. The Churching of Women is regulated by the rubrics at the commencement and close of the service for the occasion in the Prayer Book. It is contemplated as the first service in which a woman takes part after recovery from childbirth; but no specific time is prescribed for it beyond the recommendation that she should receive the Holy Communion if there be a Communion. In former times a woman was not to be churched after an illegitimate birth unless she had previously done penance or acknowledged her fault before the congregation at the time of her churching. Since penance has fallen into disuse, a clergyman must exercise his own discretion in such cases; but he will, of course, neither church nor admit to Communion a woman who impenitently continues a sinful life. The rubric directs that "accustomed offerings" shall be offered at a churching, but their amount is not regulated by any general or well-established rule.[212]
CHAPTER VI
MARRIAGE
[1]. With the exceptions mentioned in §7 below, the incumbent or minister of the church of an ancient or new ecclesiastical parish, or of a church or chapel specially authorised for the publication of banns and solemnisation of marriages, is bound, in the case of persons who are legally competent to be married in that church or chapel, to publish or permit the publication of banns and solemnise or permit the solemnisation of marriage, either after due publication of banns or under a licence from the bishop or the Archbishop of Canterbury, and he may consent to the solemnisation of the marriage upon a proper registrar's certificate. If he improperly refuses publication of banns or solemnisation of marriage, it is an ecclesiastical offence for which he is liable to be punished under the Clergy Discipline Act, 1840, but it is a question whether he would be liable to a civil action or an indictment for the refusal.[213] On the other hand, a clergyman who knowingly and wilfully solemnises a marriage in an unauthorised building or outside the lawful hours (unless under special licence from the Archbishop of Canterbury), or without due publication of banns (unless under licence from him or from the bishop, or upon a proper registrar's certificate), will be guilty of felony; and a marriage solemnised with the knowledge of the parties thereto elsewhere than in an authorised building or without publication of banns or the registrar's certificate, unless with a sufficient licence, will be void.[214]
[2]. The ancient parish churches were the original places for the publication of banns and solemnisation of marriages;[215] but the churches of new ecclesiastical parishes now stand upon the same footing in that respect as those of ancient parishes; and where a portion of an ancient parish has been formed into a new ecclesiastical parish, residents in the new parish are not deemed for those purposes to be within the old parish.[216] Moreover, if, besides the church, there is a public chapel in a parish, and the bishop thinks it necessary so to do for the convenience of the inhabitants, he may grant a licence, with such qualifications as he may deem fit, for banns and marriages in the chapel, in the case of residence within a district specified in the licence; subject to an appeal on the part of either patron or incumbent to the archbishop of the province, who may confirm, revoke, or vary the licence. But the licence will not preclude residents in the district from having their banns published and marriages solemnised in the parish church, if they prefer this course.[217] In the case of parishes having no parish church in which Divine service is usually performed every Sunday, and in the case of extra-parochial places, the church or chapel of an adjoining parish or chapel may be resorted to for banns and marriages.[218] But the bishop may license for banns and marriages in extra-parochial places and chapelries any church or chapel situate within their limits.[219] Where the church of a parish is pulled down or disused for Divine service owing to being rebuilt or repaired, the publication of banns and solemnisation of marriages may take place in any building within the parish licensed by the bishop for the performance of Divine service during the rebuilding or repair of the church, or if there is no such building, then in the church of an adjoining parish; or, if there is a consecrated chapel within the parish, the bishop may direct that they shall take place within that chapel, and may, with the consent of the incumbent, give directions respecting the fees. Licences for marriages in the church of the parish are to be construed as licences for marriages in the building, church, or chapel in which they may be temporarily solemnised.[220] Where a church has been rebuilt, repaired, or enlarged, and the position of the Holy Table altered, the validity of marriages and other ceremonies is not affected by the fact, if such is the case, of there having been no re-consecration.[221]
[3]. Persons are legally competent to intermarry who (a) are of a legal age to contract marriage, (b) are of sound mind, (c) have not at the time a wife or husband living with whom they have contracted a marriage which is recognised by English law and has not been declared void or been dissolved by a divorce a vinculo recognised by English law, and (d) are not within the prohibited degrees of consanguinity or affinity. A Christian and a non-Christian may be married in church, as well as Christians of different denominations; and a clergyman cannot make religion or absence of religion a ground for refusing to perform the ceremony.[222]
[4]. The minimum legal age for contracting marriage is fourteen for the husband and twelve for the wife. In the case of minors the consent of parents or guardians is necessary to their marriage after banns. In the case of the marriage by licence of a minor who is not a widower or widow, the consent to the marriage must be obtained from the father if living, and if he is dead, from some one guardian of the minor (if any). The mother, whether still a widow or remarried, is by law a guardian of the minor unless she has been removed from the office by the High Court of Justice. If she has been so removed and she remains a widow, and there is no guardian in existence, her consent to the marriage is necessary. Where no requisite consenting party is in existence, the marriage may be solemnised without consent. If the father, mother, or other guardian is of unsound mind, or abroad, or unreasonably withholds consent, the Lord Chancellor or some other Chancery judge may on petition make declaration that the marriage is proper, which will supersede the necessity for the consent.[223] This consent of parents is not required in the case of a minor who is illegitimate.[224] A clergyman is not punishable who, without notice of the fact, solemnises the marriage of a party under the lawful age, or the marriage of a minor without the consent of parent or guardian; and the marriage of a minor above the marriageable age without such consent, if it actually takes place, is valid, and cannot be made void.[225] But the marriage of a person under the lawful age can be declared void by him or her on attaining that age. If, however, he or she then consents to the union, no remarriage is necessary.[226]