The expression “common law marriage” has layers of paradox. It now denotes, as Mr. J. C. Hall pointed out in a recent article in this Journal, a relationship whose characteristic is precisely that it is extra-marital. Previously, for many centuries, the validity of such a marriage was a matter not for the common but the canon law and so, before the Reformation, for the canon law of Rome, the ius commune, Maitland's “wonderful system” administered by the courts Christian and directly applicable throughout western Christendom. The story of the common law marriage in England, Scotland and Ireland offers glimpses of great historical processes and-provides a wider context in which to consider the question raised by Mr Hall as to the survival, or revival, of the common law marriage in England.