A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
As already stated, the matrimonial laws of Virginia were from an
early day locally administered, and mainly by the civil magistrate.
The minister of every parish was required to keep a "booke wherein
shall be written the day and yeare of every christeninge, wedding,
and buriall;"[714] and annually on the first day of June it was the
duty of the church wardens and ministers to make a return to the
quarter court of all marriages solemnized during the year.[715] By
the act of 1642 the report is to be made to the "commander of every
monethly court;"[716] and in 1661-62 the duty of registration is
laid upon the reader equally with the minister.[717] At length, in
1780, the officiating minister is required to transmit a certificate
of every marriage solemnized by him to the clerk of the county court
for record.[718] It was the minister's duty to publish the banns
thrice, as required by law. But in consequence of the scarcity
of clergymen of the established church, in some places it became
practically impossible to comply with the statutes. So, in 1705, the
clerk or reader in any parish having no minister was empowered to
publish banns and, "if no objection be made," to grant a certificate
thereof to the officiating minister.[719]
[Footnote 714: HENING, _Statutes_, I, 158, 182, 183 (1632).]
[Footnote 715: _Ibid._, 155.]
[Footnote 716: _Ibid._, 242. _Cf._ the act of the Commonwealth,
1657-58, _ibid._, 433.]
[Footnote 717: _Ibid._, II, 54.]
[Footnote 718: _Ibid._, X, 362.]
[Footnote 719: _Ibid._, III, 442. _Cf._ the act of 1748: _ibid._,
VI, 82.]
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