A bond is a written obligation between two or more parties. A marriage bond is a written obligation relating to marriage. The simplest marriage bond committed the prospective husband to marry the prospective wife and specified a certain sum as damages if he failed to do as promised. This avoided a breach of promise suit. If the bride's family liked the groom, the amount might be fairly nominal, or merely formal, like a marriage license today. More complex marriage bonds could detail property to be settled by the father of the bride upon the groom, or provide monetarily for the wife's expenses, etc. In short, they were antenuptial agreements. Since the development of modern family law, including divorce, alimony, and the right of a married woman to hold property in her own name (in those days, all her property became that of her husband upon marriage), the term "marriage bond" has come to mean simply the contract of marriage itself. David Salmon ----- Original Message ----- From: charles a Wyly <wyly1@juno.com> To: <TXERATH-L@rootsweb.com> Sent: Friday, February 05, 1999 6:29 PM Subject: Re: [ERATH] What are Marriage Bonds? >Hey, is this a loaded question or what? > >1. Marriage bonds could be the natural bonds that develop when two are >married. > >2. Marriage bonds could be pre nupital contracts to protect the >inheritance of children of a first mate. Now that one could get sticky >under the Community Property laws of Texas. > >3. To you Old Hippies who don't know what to do. an Arrangement or free >marriage >or shack up over 3 or so years is subject to divorce and community >property laws in Texas. Also, the philosophy that a scrap of paper means >nothing is some selfish person's attempt to share the privileges of >marriage without long term obligations to the children or mate- just dump >them and let the State raise them. You mean like Russia and Albania? >Deliver us from that. The Old Irish saying "If you want to dance, you >must pay the Fiddler". is pretty wise for a stable society. > >4. When Stephen F. Austin's Anglo and Black colonists( Yes , The yellow >Rose of Texas, a Cowboy and Texas History hero for spying on Gen. Santa >Anna with camp followers for Sam Houston) came into Spanish Texas, they >were required to do a token oath to support the Mexican Government and >the Catholic Church and be married in the Church. but Mexico supplied no >more Priests. At one time 80% of Mexican Priests were from Ireland. The >Colonsits held regular Bible studies in the Catholic Chapels, led by >themselves. They would stand 3 times in a Church gathering and announce >their plans for a formal marriage, when the Circuit Riding Priest came >around, if he lived that long. >These common law marriages were subject to the same divorce procedures >as a legal marriage. Sometimes 2 or 3 children took place in the formal >ceremony when and if the Priest made it. > >5. Could the contract be the one that a Protestant is asked to sign if he >marries a Catholic in the Church to raise all kids Catholic? My wife's >Tarleton Roommate. a Methodist, signed one written In Latin, at first, >which she could not read. If the marriage was not done in the Church, it >was not recognized by the church and was easily annulled, regardless of >children. > >Naturally the Anglos around Burr Ferry (AAron Burr's nephews) and East >Texas Indians or those of mixed heritage had their own customs as if >there were no Spanish. Crossing the Sabine was a regular procedure if one >State got too inquisitive. > >6, Also it could apply to proxy marriages of single Mormons , deceased. >If you run Family Tree Maker, some family pages from LDS library have a >place to check if they are now " sealed" for greater Eternal hope. > > 7. Sometimes Indian tribes had property exchange to arrange or seal a >marriage. > >Any other ideas? > >Charles Wyly >On Thu, 4 Feb 1999 11:08:35 -0600 "Phillip Maynard" <maynard@hti.net> >writes: >>Hi Everyone - >> >>The Erath County web site received the county web site of the month >>for >>Texas--a well deserved honor. The people who subscribe to this >>mailing >>list are the very best on any mailing list I subscribe. Always, >>helpful--no matter what subject and not a bunch of complainers and >>whiners. >> Now what are marriage bonds? >> >>Ann Works Maynard >>3814 Lake St. >>Houston, TX 77098 >>phone: 713/528-0682 >>e-mail: maynard@hti.net >> >> > >________________________________________________________________ >Get secure free e-mail that you don't need Web access to use >from Juno, the world's second largest online service. >Download your free software at http://www.juno.com/getit.b.html. > >______________________________