Early Marriage Laws
of Virginia

 

 

 

 

 

 

February 1631/32 – ACT VI.  No minister to conduct a marriage without a license from the governor unless banns have been published three times; marriages are only to be conducted between 8:00 and 12:00 am; persons under 21 must have consent from parents or guardians.

September 1632 – ACT III.  Parishes to present registers of burials, christenings, and marriages at Mid-summer Quarter Court in James City on June 1st.

September 1632 – Act XV.  Fees of ministers:
ffor marriage                 -           -           2s         0
ffor churchinge               -           -          1          0
ffor burryinge                -           -           1          0

March 1642/43 – ACT I.  Parish register to be kept; parish clerk to present a list of all marriages, christenings and burials to the monthly court; no marriage to be solemnized without a license from the governor or unless banns have been published.

March 1642/43 – ACT XX.  Secret marriages of servants punished; secret marriages between servants after January 1640 punished by having male servant(s) serve an extra year and female servants serve double their time of service; if a freeman marries a servant he or she to give satisfaction to the master or mistress by doubling the value of the service and paying a fine of 500 pounds of tobacco to the parish where the offense was committed; fornication between a male and a female servant to be punished by the man serving the woman's master one year; fornication between a freeman and a female servant to be punished by the man serving one year or by his providing some appropriate compensation.

March 1657/59 – ACT XIV.  Concerning secret Marriages.  This act is an amendment of Act XX of 1642-3 above; it specified a fine of 1500 pounds of tobacco as the alternative to a year's service by a man servant who commits fornication with a female servant.  This act also specified that every person committing fornication was to pay 500 pounds of tobacco to the parish where the act was committed or be whipped.

March 1659/60 – ACT XX.  An Act to record all Marriages, Births and Burialls.  Every parish shall well, truly and plainly record, in a book provided for that purpose, all marriages, deaths and births that occur in that parish and certify them to the county clerk every March; penalty for anyone who does not report marriage, death or birth to the parish and for parish official who fails to provide yearly data to the county clerk.

March 1660/61 – ACT XXIX.  Scarcity of ministers makes it impossible to publish banns in some areas; ranking county court officials empowered to issue licenses and collect fees for the governor; marriages records to be sent to the governor each September.

March 1661/62 – ACT XII.  No marriage to be solemnized except by ministers according to the laws of England; no minister may marry anyone without a license from the governor or his deputy or unless the banns have been published three times; ministers breaking this law subject to fine of 10,000 lbs. of tobacco and any offspring of such a marriage declared illegitimate.

March 1661/62 – ACT XVI.  Registers to be kept by the Ministers or Readers.  Parishes to record all births, burials, and marriages.

March 1661/62 – ACT XVII.  Lycences for Marriage how to issue.  Persons wishing marriage licenses must apply to the clerk of the county court and give bond with sufficient security that there is no lawful cause to obstruct their said marriage; at September court clerk to return the names of the parties married and the securities to the secretary's office to be recorded; the fees for the licenses to be as follows: to the governor 200 pounds of tobacco, or 20 shillings sterling, to the clerk for writing the bond license certificate and returning the same to the office 50 pounds of tobacco, and to the secretary for recording the same in the office as aforesaid 40 pounds of tobacco and the minister marrying with a license 200 pounds of tobacco or 20 shillings, if by banns 50 pounds of tobacco or 5 shillings.

March 1661/62 – ACT XCIX.  Against secrett marriage.  Imposes severe penalties on ministers who marry servants without certificates of consent from their masters and on the servants whom they marry; any free person who clandestinely marries a servent to pay master of the servant 1500 pounds of tobacco or a year's service and the servant to serve an extra year.

October 1669.  At a General Court held at James City the 28th Octobr. 1669. The Right Honble the Governor ... doth constitute & appoint Henry Corbin Esqr. to graunt Licences for Marriages in Rappa. River & noe Clerkes of County Cort are to meddle in it.

October 1670 – ACT VI.  Certificate for Marriage, how to issue.  Certificate for marriage can only be issued by clerk of the county where tire woman, her parents or guardian live; personal consent of parent or guardian must be obtained.

September 1696 – ACT X.  An act for prevention of clandestine Marriages.  Repeals ACT XII of March 1661/62; no minister to marry any persons without a lawful license or without the publication of banns; minister subject to imprisonment of a year and fine of 500; county clerks who issue licenses without obtaining tire consent of parents or guardians face same penalties as ministers; any woman between 12 and 16 who marries without the consent of a parent or guardian forfeits her inheritance to her next of kin.

October 1705 – CHAP. XLVIII.  An act concerning Marriages.  Repeals former marriage acts; ministers forbidden to marry without license or the publication of banns; violation punishable by imprisonment for a year and a fine of 500 pounds of tobacco; licenses to be granted by clerk of tire county where the bride resides; consent of parent or guardian required for persons under 21; penalties for woman between 12 and 16 who marries without consent; her next of kin have right to take possession of all her lands and other real estate during the time of the marriage; penalties for ministers who marry servants without the consent of their masters and for the servants themselves or any freeman who marries a servant without the required consent; county clerks to return an account of the marriage licenses issued by him annually in October; fees established as follows: to the governor for each license, 20 shillings or 200 pounds of tobacco; to the clerk of the county court for issuing the license, 5 shillings or 50 pounds of tobacco; to the minister, 20 shillings or 200 pounds of tobacco (if by license) or 5 shillings or 50 pounds of tobacco (if by banns); to the minister or reader for publishing and certifying banns, one shilling and sixpence or 15 pounds of tobacco.

October 1705 – CHAP. XLVIII.  An act concerning Marriages.  Repeals former marriage acts; ministers forbidden to marry without license or the publication of banns; violation punishable by imprisonment for a year and a fine of 500 pounds of tobacco; licenses to be granted by clerk of the county where the bride resides; consent of parent or guardian required for persons under 21; penalties for woman between 12 and 16 who marries without consent; her next of kin have right to take possession of all her lands and other real estate during the time of the marriage; penalties for ministers who marry servants without the consent of their masters and for the servants themselves or any freeman who marries a servant without the required consent; county clerks to return an account of the marriage licenses issued by him annually in October; fees established as follows: to the governor for each license, 20 shillings or 200 pounds of tobacco; to the clerk of the county court for issuing the license, 5 shillings or 50 pounds of tobacco; to the minister, 20 shillings or 200 pounds of tobacco (if by license) or 5 shillings or 50 pounds of tobacco (if by banns); to the minister or reader for publishing and certifying banns, one shilling and sixpence or 15 pounds of tobacco.

May 1730 – CHAP. II.  An Act for enforcing the Act, intituled, An Act for the effectual suppression of Vice; and restraint and punishment of blasphemous, wicked and dissolute Persons; And for preventing incestuous marriages and copulations.  I. Marriages forbidden between a son and his mother or step-mother, a brother and his sister, a father and his son's daughter, or Ms daughters daughter; a son and the daughter of his father, begotten and born of his step-mother, or a son and his aunt, being his fathers or mother's sister, or his uncle's wife; a father and his son's wife, or a brother and his brother's wife, or a man and his wife's daughter, or his wife's son's daughter, or his wife's daughter's daughter, or his wife's sister; every person or persons so unlawfully married, shall be separated by the sentence or judgment of the general court; and any children resulting from such an unlawful marriage, declared illegitimate ... VI. If any person shall hereafter, without marrying, carnally know, or have copulation with any person within the degrees aforesaid, each and every person so offending, and being thereof convicted ... shall be fined according to the discretion of such court ... And if the offender or offenders shall refuse immediately to pay the said fine or to give surety for the payment thereof at the laying of the next parish levy, every person so refusing, shall... be publickly whipt on his or her bare back, not exceeding thirty nine lashes.

October 1748 – CHAP. XXXII.  An Act concerning Marriages.  no minister to marry any persons without a lawful license or thrice publication of banns; failure for so doing punishable by imprisonment for a year and a fine of £ 500; licenses to be issued by the clerk of the court of the county wherein the bride resides; clerk was to take bond with surety for the sum of £50 with the condition that there was no lawful cause to obstruct the marriage for which the license was desired; failure for so doing punishable by a fine of £50; if either of the parties intending to marry was under 21 and not previously married, the consent of the father or guardian of every such infant shall be personally given before the said clerk, or certified under the hand and seal of such father, or guardian, attested by two witnesses, and thereupon the clerk shall issue license, and certify that bond is given; and if the parties, or either of them, be under the age aforesaid, he shall also certify the consent of the father or guardian ... to the first justice sworn in commission of the peace ... who is hereby authorized and required to sign and direct the same: And every license so obtained and signed ... is hereby declared to be a lawful license; if any single woman, between 12 and 16 years, shall marry any person whatsoever, contrary to the will or consent of her father or guardian, and without legal publication of the banns, then her next of kin shall have right to enter upon, and take possession of all lands, tenements, hereditaments, and other real estate whatsoever, which such woman, at the time of her marriage, had in possession, reversion, or remainder, and shall have, hold, occupy, and enjoy the same ... during the time of such coverture; but after termination thereof, all such estate ... shall immediately revest, be, and remain in the said feme, and her heirs, other than her husband, and she ... may re-enter, and take possession thereof, as if this act had never been made; if any minister, clerk, or reader, shall wittingly publish the banns of marriage between any servants ... or between any free person and such servant; or, if any minister shall knowingly marry any such, without the consent of the master, or owner, of every such servant, every minister, clerk, or reader, so offending, shall forfeit and pay 10,000 pounds of tobacco, for every such offense ... And every such servant, so married without consent of his or her master or owner, shall serve him or her ... one whole year, after all other time of service is expired, or pay him or her five pounds current money; every county clerk shall, in October annually, deliver to the governor a list of all marriage licenses issued by him; the fee to be paid to the governor for every marriage license is twenty shillings, to be paid to the county clerk before license issued ... to the minister, if by license, twenty shillings, by banns five shillings; for publishing banns, and certificate thereof where required, one shilling and six pence; if any minister refuses to celebrate the rites of matrimony for these fees, or shall exact other, or greater foes, or if lie, or any parish reader, or clerk, shall refuse to publish the banns, or to certify the same when required, for the fee aforesaid, or exact any other or greater fee, every person so offending shall forfeit and pay 2,000 pounds of tobacco, to the party grieved.

November 1753 – Chapter VII, Section XIII.  if any woman has an illegitimate child within the time of her service, in recompense for the loss and trouble occasioned her master or mistress thereby, she shall, for every such offense, serve her said master or owner one whole year after her time shall be expired, or pay her said master or owner, 1J)00 pounds of tobacco, and the reputed father, if free, shall give security to the church-wardens of the parish where that child shall be to maintain the child, and keep the parish indemnified, or be compelled thereto by order of the county court, upon the said church-wardens complaint: But if a servant, he shall make satisfaction to the parish for keeping the said child, after his time to his then present master or owner shall be expired; if any woman servant shall be got with child by her master, neither the said master, nor his executors, administrators, nor assigns, shall have any claim of service against her, for, or by reason of such child, but she shall, when her time due to her said master is expired, be sold by the church wardens for the time being, of the parish wherein such child shall be born, for one year, or pay 1,000 pounds of tobacco; and if any woman servant shall have a bastard child by a Negro or mulatto, over and above the year's service due to her master or owner, she shall immediately upon the expiration of her time pay to the church-wardens of the parish 15 pounds current money of Virginia, or be by them sold for five years ... And if a free Christian white woman shall have such bastard child by a Negro, or mulatto, for every such offense, she shall, within one month after her delivery of such bastard child, pay to the church-wardens 15 pounds current money of Virginia, or be by them sold for five years ... and in both cases, the church-wardens shall bind the said child to be a servant until it shall be 31 years of age; and whatsoever English, or other white man or woman, being free, shall intermarry with a Negro, or mulatto man or woman, bond or free, shall, by judgment of the county court, be committed to prison, and there remain during the space of six months, without bail or mainprize, and shall forfeit and pay 10 pounds current money of Virginia; no minister to knowingly marry a white person with a Negro or mulatto; 10,000 pounds of tobacco fine for so doing.

October 1780 – CHAP. XVI.  An act declaring what shall be a lawful marriage.  Lawful for any minister of any society or congregation of Christians, Quakers or Menonists to perform marriages; any marriages previously celebrated by dissenting ministers also declared valid; except marriages between parties within the degrees of affinity or consanguinity forbidden by law; no persons except the people called Quakers and Menonists, shall hereafter be joined together as man and wife, without lawful license first had, or thrice publication of banns in the respective parishes or congregations where the parties to be married may severalty reside; fees established in Chapter XXXII of the act of October 1748 revised as follows: ministers may receive no more than 25 pounds of tobacco for each marriage; certificates of marriage to be signed by the minister or, for Quakers, by the clerk of the meeting, and returned to the clerk of the court of the county where the marriage was solemnized; clerk of the county is entitled to a fee of 10 pounds of tobacco for recording such certificates; clerks of the courts authorized, on the recommendation of the elders of the several religious sects, to license, up to four per county, dissenting ministers to solemnize marriages within that county.

May 1783 CHAP. XXXV.  An act to authorize and confirm marriages in certain cases.  Courts on the Western waters may license laymen to solemnize marriages providing parties thereto produce valid license or proof that banns have been published; laymen solemnizing a marriage may receive a fee of six shillings; any marriage, openly and solemnly made, previously solemnized by magistrates or others not authorized by law and which have been consummated are declared good and valid in law.

October 1784 – CHAP. XXXVII.  An act to regulate the solemnization of marriages.  Any ordained minister of the gospel in regular communion with any society of Christians and the 'people called Quakers and Menonists or any other Christian society that have adopted similar regulations in their church' authorized to celebrate marriages; ministers may demand five shillings for celebrating a marriage and court clerks may demand 15 pence for issuing a marriage license; records of marriages to be provided to the clerk of the county where the marriage took place within a year of the marriage.

October 1788 – CHAP. XXXIIAn act concerning incestuous marriages.  Revision of the May 1730 law; marriage of a father and his daughter added to list of incestuous marriages and offspring of all such marriages, even though annulled, are considered legitimate.

October 1789 – CHAP. VIIIAn act against forcible and stolen Marriages.  Act making it a felony to abet or aid in taking a woman against her will except those who take their wards or bondwomen; any person over 14 taking any unmarried woman under 16 from her parents or guardians against their will subject to imprisonment not to exceed two years; any person so taking such a woman and deflowering her or contracting marriage with her against the knowledge or will of her father or mother subject to imprisonment of five years.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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