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. XXXII.
An 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. VIII.
An 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. |