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Encyclopedia Britannica



BANNS OF MARRIAGE (formerly banes, from A.S. gebann, proclamation, Fr. ban, Med. Lat. bannum)

This article appears in Volume V03, Page 355 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: BAI-BAR
BANNS OF MARRIAGE (formerly banes, from A.S. gebann, proclamation, Fr. ban, Med. Lat. bannum) , the public legal notice of an impending
marriage
 . The
church
  in earliest days was forewarned of marriages (Tertullian,Ad Uxorem, De Pudicitia, c. 4). The first canonical enactment on the subject in theEnglish
church
  is that contained in the 11th canon of the synod of Westminster in London (A.D. 1200), which orders that " no
marriage
  shall be contracted without banns thrice published in the church, unless by
special
  authority of the
bishop
 ." It is, however, believed that the practice was in France as old as the 9th century, and certainly Odo,
bishop
  of Paris, ordered it in 1176. Some have thought that the custom originated in the ancient
rule
  that all " good knights and true," who elected to take part in the tournaments, should hang up their shields in the nearest church for some weeks before the opening of the lists, so that, if any "impediment " existed, they might be " warned off." By the Lateran Council of 1215 the publication of banns was made compulsory on all Christendom. In early times it was usual for the priest to betroth the pair formally in the name of the Blessed Trinity; and sometimes the banns were published at vespers, sometimes during
mass
 . In the United Kingdom, under the canon law and by
statute
 , banns are the normal preliminary to marriage; but a marriage may also be solemnized without the publication of banns, by obtaining a
licence
  or a registrar's certificate. In America there is no statutory requirement; and the practice of banns (though general in the colonial period) is practically con-fined to the Roman Catholics.


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