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
In Virginia, as we have seen, the governor's license instead of
banns takes the place of the license of the English bishop. Licenses
are not to be issued "without certificate under the hands of the
parents, masters or guardians."[720] On account of the rapid
growth of population, in which was an ever-increasing proportion
of dissenters, and on account of the scarcity of ministers of the
established church, the demand for licenses became so great that, in
1661, the clerks of the county courts were empowered to issue them.
"Whereas," runs the statute, "many times lycences are granted and
the persons are marryed out of the parishes, which lycences have
been usually granted by the governor, whose knowledge of persons
cannot possibly extend over the whole country," therefore persons
desiring to be married by license are required to give bond to the
clerk that there is no lawful impediment. The clerk is then to write
the license and certify to the first justice in the commission for
the county, or else to the person appointed for this business by
the governor, who shall sign it.[721] Later the personal or written
consent of the parent or guardian is required before the clerk may
issue certificate.[722] But by the act of 1705 a bond is required
in all cases, and parental consent only in the case of minors.
The license is then issued by the clerk for the signature of the
magistrate or the governor's deputy.[723]
[Footnote 720: Act of 1657-58: _ibid._, I, 433.]
[Footnote 721: HENING, _op. cit._, II, 54, 55; _cf._ 28
(1660-61). Only the clerk of the county in which the woman, her
parents, or guardians dwell may act: _ibid._, 281.]
[Footnote 722: _Ibid._, III, 150 (1696).]
[Footnote 723: _Ibid._, 442, 443.]
The granting of licenses was an important source of income for the
governor, he receiving two hundred pounds of tobacco or twenty
shillings for each license issued. Such, for example, was the law in
the days of Beverley.[724] These fees were collected by the sheriff
and turned over to the governor or secretary of the colony.[725] At
the beginning of the Revolution, in order to provide for the expense
of the militia, a tax of forty shillings was laid by the assembly
upon each marriage license;[726] and in the next year the law
granting license fees to the governor was repealed.[727] The legal
fee allowed the minister was twenty shillings or two hundred pounds
of tobacco for each marriage when celebrated by license, and five
shillings or fifty pounds of tobacco when celebrated by banns.[728]
In 1792, however, the uniform fee for a marriage was fixed at one
dollar.[729]
[Footnote 724: BEVERLEY, _Hist. of Va._, 211, 212; also 1 _Mass.
Hist. Coll._, V, 136; and HENING, _op. cit._, III, 445; VI, 84,
85; II, 55.]
[Footnote 725: _Ibid._, II, 28.]
[Footnote 726: _Ibid._, IX, 66 (1775). The tax was raised to ten
pounds in 1780: _ibid._, X, 245.]
[Footnote 727: _Ibid._, 225.]
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