Parish Registers (Part 2): Injunctions During The Commonwealth

A transcript from the Hardback MSS book. C. F. D. Sperling. “Notabilia Quadam” I (1892), (S/LIB/9/1 f86-89) belonging to the Essex Society for Archaeology and History now deposited at the Essex Record Office.

The Act of 1653

In 1653 the Parliament passed an Act on 24 August:

“That whosoever shall agree to be married within the Commonwealth of England after 29 September 1653, shall (21 days at least before such intended marriage) deliver in writing unto the Register (thereinafter appointed) for the respective parish where each party to be married lived, the names surnames additions and places of abode of the parties so to be married, and of their parents, guardians or overseers, all which the said Register shall publish three Lords days there next following, at the close of the morning ex viciae, in the public meeting place commonly called the church, chapel, or (if the parties desired it) in the market place next to the said church or chapel on three market days in the three several weeks next following between the hours of 11 and 2;”

Which done the register shall make a certificate thereof, without which the persons therein after authorised should not proceed with such marriage. That such persons intending to be married should come before some Justice of the Peace of the same county, city or town with such certificate, and if no impediment, the marriage was to proceed thus:

“I AB do here in the presence of God the searcher of all hearts take thee CD for my wedded wife, and do also in the presence of God and before these witnesses promise to be unto thee a loving faithful husband”

and then the woman taking the man by the hand shall plainly and distinctly pronounce these words:

“I CD do here in the presence of God the searcher of all hearts take thee AB for my wedded husband and do also in the presence of God and before these witnesses presence to be unto thee a loving faithful and obedient wife”

[Whereupon the said Justice was to declare them man and wife, and no other marriage was to be valid within the Commonwealth. Nevertheless, the Justice in the case of dumb persons, or persons having no hands might dispense with part of this ceremonial].

And that a true and just account may always be kept as well of publication as of all such marriages and also of the births of all children and deaths of all sorts of persons within this commonwealth.

Registration of Marriages, Births and Burials

Be it further enacted that:

A book of good vellum or parchment shall be provided by every Parish for the registering of all such marriages and of all births of children and burials of all sorts of persons within every parish, for the safe keeping of which book the inhabitants and householders of every parish chargeable to the relief of the poor, or the greater part of them present, shall, on or before the 22nd of September 1653, make choice of some able and honest persons (such as shall be sworn and approved by one Justice for the peace in that parish, division or county and so signified under his hand in the said register book,) to have the keeping of the said book, who shall therein fairly enter in writing all such publications, marriages, birth of children, and burial of all sorts of persons, and the names of every of those, and the days of the month and years of publications, marriages, births, and burials and the parents, guardians, and overseers names.

And the register in such parish shall attend the said Justice of the peace to subscribe the entry of every such marriage.

And the person as elected, appointed shall be called to the Parish Register, and shall continue these years in the said place of Register and longer until some other be chosen, unless such Justice of the peace, or the said parish with the consent of such Justice, shall think fit to remain here sooner.

Fees

• For such publication and certificate thereof: 12d and no more.
• For every birth of child: 4d and no more.
• For every death: 4d and no more.
• For publications, marriages, births and burials of poor persons who live upon alms: nothing shall be taken.

And the said Justices of the Peace (if it be desired) shall give unto the parties so married, a certificate in parchment under his hand and seal, of such marriage and of the day of solemnization thereof, and of two or more of the witnesses there present. And the Justice’s clerk for this certificate may receive 12d and no more.

And if such certificate shall be produced to the clerk of the peace for that county, a request made to him to make an entry thereof, there the said clerk of the peace is hereby required to enter the same in the book of parchment, to be provided for that purpose, and kept among the records of the said sessions, and to return the said certificate for which entry the clerk of the peace may receive 4d and no more.

“And be it enacted that all register books for marriages, births and burials already past, shall be delivered into the hands of the respective registers appointed by the Act, to be kept as records”.

Confirmation of the Act and the Restoration

This Act was confirmed in 1656, except so much as declares no other marriage to be valid.

At the Restoration (1660) the business of keeping the register book again devolved upon the Parochial Clergy, and an Act was passed (12 Car II cap 33) which legalised “Marriages by Justice since May 1st 1642,” or marriages performed according to the direction or true extent of any act or ordinances of one or both houses of Parliament, or of any Convention sitting at Westminster under the name stile and title of Parliament.