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    1. Re: [VAFRANKL] marriage bonds - "who consents" & why?s
    2. Paula Kelley Ward
    3. Hi, Cousin Melissa, Your questions reminded me that I had previously posted some information about marriage laws in colonial Virginia, so I went hunting through all my e-mail folders, and I finally found it. Since you asked in particular about "consent" I have added more information relating to that: Marshall Wingfield, in his Introduction to "Marriage Bonds of Franklin County, Virginia 1786 - 1858" describes and/or quotes the laws governing marriage in colonial Virginia. I'm not quoting all of it, because it's very lengthy, but it is also very interesting. Remember that these early laws, when mentioning "church," really meant the Church of England. Beginning in 1631, a license granted by the Governor was required, "except the baynes of matrimony have been first published three several Sundays or holy days in the time of devyne service in the parish churches where the sayd persons dwell accordinge to the booke of common prayer...In every parish church within this colony shall be kept by the minister a book wherein shall be written the day and year of every Christeninge, weddings, and buriall." In 1705, either a license was required or the banns announced three times in the parishes of both parties. The license was issued by the clerk of the court "of that county where the feme shall have her usual residence..." The bond at that time was "fifty pounds, current money of Virginia." Here is the only mention of "consent:" The required age was 21 for both bride and groom. "...and if either of the persons intended to be married shall be under the age of one and twenty years, and not theretofore married, the consent of the parent or guardian of every such person under the age of one and twenty years shall be personally given before the said clerk, or signified under the hand and seal of the said parent or guardian, and attested by two witnesses..." There were other fees required: To the Governor, twenty shillings, or two hundred pounds of tobacco. To the Clerk of the County Court, five shillings or fifty pounds of tobacco. To the minister, if by license, twenty shillings or fifty pounds of tobacco. To the minister, for publishing banns and certifying the same, one shilling and sixpence, or fifteen pounds of tobacco. In 1748, any minister performing a marriage ceremony without the required marriage license, or without publication of banns, could be imprisoned (for each offense) one whole year and was fined five hundred pounds current money. In 1780, the General Assembly recognized the validity of marriages performed "by ministers other than those of the Church of England." This act specifically mentioned "any society or congregation of Christians, and...the society of Christians called Quakers and Menonists." Quakers, Menonists and Dunkards were not required to procure a license, publish banns or give bonds, though most of the members...conformed to the legal requirements. In all cases, the minister, or other church official, was required to report the marriage within three months to the clerk of the county. Wingfield comments: "Ministers of the Established church were at liberty to celebrate marriages under the authority of both banns and license. Banns constituted a legal substitute for a license. Marriages under licenses were recorded in the office of the County Clerk; those under banns in the Parish Register. Hence all Colonial marriages were not evidenced by Marriage Bonds filed with the County Clerk. The marriage fee under banns was just one fourth as much as the fee under license, hence it is reasonable to suppose that many couples were marriage by banns. Not many copies of the Parish Registers were delivered 'to the office of the secretary of this dominion' as the law required, hence genealogists must face the fact that many of the records of Colonial marriages are irrevocably lost." In 1858, no marriage bonds were given, but a "Certificate to Obtain a Marriage License" was required. =========== Hope this helps. Paula Paula Kelley Ward San Antonio, Texas pward@express-news.net Franklin and Floyd County Surnames of Interest: KELLEY, INGRAM, PETERS, TURNER, PYRTLE, WILLIS, HALE, SMITH...and others... At 04:13 PM 07/23/2000 -0400, you wrote: >Why do only certain Virginia marriage bonds have the phrase "who consents" as part of the bond? > >Is this because one or the other person getting married was under a certain age? If yes, what age? > >I have noticed that although consent is most often given for daughters by a parent, not all females have a consent. Also, I have noticed that there is an occasional male that has someone giving consent (for example, the person giving consent is a guardian). > >Why also is it that some bonds have a "witness to consent"? or even if consent is given, has the phrase "who testifies ..(each, both, she/he).. is of age? > >What were the laws for getting marriage bonds in Virginia prior to the 1850s? >

    07/23/2000 07:42:10