WVGenExchange - Historical Account WVGenExchange - http://www.genexchange.org/wv/ Explanation Of Marriage Bonds And Minister Returns Taken From The Wooddell Publication Submitted by: Alison martin-county contact These Pocahontas county marriage bonds and ministers returns were copied from the original documents on file at the county courthouse in Marlinton West Virginia. Records such as these, so assiduously preserved in the county clerks office, serve as mute testimony to the diligence of the many who have served as clerk of the county court. A marriage bond was required of each prospective groom during the thirty one year period immediately following the formation of Pocahontas County. By pledging his bond to the commonwealth of Virginia the groom certified that the parties planning to marry were legally free to do so. A second individual was required to sign a 150 dollar bond as surety, a role usually filled by he father brother or other relative of the bride. Marriages in Virginia were by license or banns since the colony was founded. Marriage bonds were first required in 1660 when the governor ceased to grant licenses, this authority having been placed in the hands of local authorities by an act of that year. Henings statutes vol. 1 page 54 lists the following enacted in 1661 "that henceforward all persons desiring licenses for marriage shall first repair to the clerk of the county court and there give bond with sufficient security that there is no lawful cause to obstruct their said marriage and that upon receipt of such bond, the clerk shall write the license and certify to the first in commission for that county, or such other when it shall please the governor to depute, that he had taken bond as aforesaid who by virtue thereof shall sign that the license and direct the same to the minister. And to the end that the legal grant of the said license may be evident and the governor ascertained of his just dues. It is further enacted that the said clerk shall yearly in September court return the names of the parties married and of the securities to the secretaries office there to be recorded etc. An example of a bond found in Pocahontas county reads as follows: Know by all mean these presents that we William F. Ervine and Joshua burner are held firmly bound unto the commonwealth of Virginia in the sum of one hundred and fifty dollars to which payment well and truly be made to our said commmonwealth we bind ourselves our heirs etc. Jointly, and severally and firmly by these presents, sealed with our seals and dated the 8th day of October 1849. The condition of the above obligation is such, that whereas marriage is intended shortly between the above bound William F Ervine and Mary Jane burner of Pocahontas county: if therefore there is no lawful cause to obstruct the said marriage, then this obligation be void, else to remain in full force and virtue. William F Ervine Joshua burner signed sealed and acknowledged in the presence of W Skeen Many notes of consent are also filed - some with marriage bonds others in a separate packet. Statutes required a statement of consent from the father of guardian of a bride and groom under 21 years of age. Frequently an affidavit was presented to the clerk attesting to the fact that the bride or groom was over the legal age of consent thus negating the consent statement. After the bond requirement was filled, the clerk issued a certificate authorizing the marriage . An example of this is To any minister of the gospel or other person legally authorized to solemnize the rites of matrimony in Pocahontas county. These are to authorize you to solemnize the rites of matrimony according the forms and ceremonies of your church between Enoch Burner and Rachel A Tallman of Pocahontas County and for doing so this shall be your sufficient authority given under my hand this 16th day of December 1845 h m Moffett clerk As will be noted a ministers return is not listed for each marriage bond. This does not mean that the marriage did not take place, but rather in most instances, the failure of the officiating minister to report the marriage to the clerk. Some original ministers returns could not be located. These marriages were copied from the marriage register and indicated by the word register. The code of 1848 deleted the requirement for marriage bonds but most counties continued the practice until 1852/`1853. Pocahontas discontinued the requirement in 1852. If a marriage was in banns is the intent to marry was published r read in church on three Sundays or holidays at the time of divine services no license or bond was required and the officiating minister reported the marriage to the county clerk with the annotation "by publication". Such marriages are similarly identified in this volume. Marriage by banns was abolished on march 18 1848. It is of interest that at that time divorce by the legislature was repealed and placed under the jurisdiction of the circuit courts. Ministers certified to the county clerk the marriages they performed. These written documents or ministers returns ran the gamut from precisely worded and elaborately scribed letters to mere scraps of paper whose size often did not exceed one inch by six inches. Not all ministers returns and as a consequence not all dates in the marriage register reflect the actual date of the marriage. A standard license format was produced in 1853 and put into use at that time. 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