On this subject, as on most topics for the period, the extremely valuable _Colonial Records of North Carolina_ (Raleigh, 1886-90) are a mine of information; and they are enriched by Colonel Saunders's "Prefatory Notes." The first matrimonial statute, passed by the assembly of Albemarle in 1669, is also contained in Chalmers, _Political Annals_: in Carroll, _Hist. Coll. of South Carolina_ (New York, 1836); and in Hawks, _History of North Carolina_ (Fayetteville, 1857-58), likewise of service on other points. The various statutes of the eighteenth century may be consulted in Iredell-Martin's _Public Acts of the Gen. Assembly_ (Newbern, 1804); in Swan's _Revisal_ (ed. 1752); or Davis's _Revisal_ (ed. 1773). Similar collections of laws for South Carolina are Cooper and McCord's _Statutes at Large_ (Columbia, 1837-41), and Brevard's _Alphabetical Digest_ (Charleston, 1814)--both of which contain useful editorial notes. Constitutional provisions are, of course, found in Poore, _Charters_ (Washington, 1877). The works of Friedberg and the _Atlantic_ article of Cook, elsewhere mentioned, are still of service; and Weeks in his valuable monograph, "Church and State in North Carolina," in _J. H. U. S._, XI (Baltimore, 1893), has traced from the sources the struggle of the Presbyterian with the Episcopalian government party for the privilege of using their own rites in the celebration of marriage.] I. THE RELIGIOUS CEREMONY AND LAY ADMINISTRATION IN VIRGINIA Throughout the colonial period in Virginia the religious marriage ceremony, according to the rites of the Church of England, was prescribed by law. Indeed, it was not until 1794 that the lay celebration before a magistrate was permitted, and then only in certain exceptional cases. But in two important particulars, even in the earliest statutes, there is a remarkable advance upon the custom of the mother-country. In the first place, it is noteworthy that the administration of matrimonial law is gradually intrusted to the county officers and the local courts. Here, as in New England, there is a quickening of the forces of local self-government; and the lay tribunals gained important functions which in England belonged to the ecclesiastical courts. Again, the legislation of 1631-32 embodies the essential principles of the Hardwicke act of 1753. The institution of marriage begins to be protected and defined by careful statutory provisions and is no longer left to the perils of uncertain custom. Banns or license, parental consent, certificate, and registration are all soon introduced. Marriage becomes in effect a civil contract long before it is squarely acknowledged to be such by the law.