The ties that bond

True or false:

A marriage bond was an intention to marry — a reflection of an official “engagement.” A man who had proposed to a woman went to the courthouse with a bondsman, and posted a bond indicating his intention to marry the woman.

If you said true, all I can say is BZZZZZZT!!! Wrong answer.

1816 NC Marriage Bond

I mean, yeah, okay, sure it’s true that you wouldn’t have gone and signed a marriage bond if you didn’t intend to get married, but simply “reflecting an engagement” or “indicating an intention to marry” is about as far from the real purpose of a marriage bond as it’s possible to get.

Remember that, for the longest time, the way folks got married was that marriage banns1 were read from the pulpit or posted at the door of the local church. Usually, banns were read on three consecutive Sundays or posted for three weeks.

For example, in Virginia, a 1705 statute required “thrice publication of the banns according as the rubric in the common prayer book prescribes.”2 In North Carolina, as of 1715, couples had to have “the Banns of Matrimony published Three times by the Clerks at the usual place of celebrating Divine Service.”3

That notice that two people were going to marry had one purpose and one purpose only: to make sure folks knew there was a wedding in the offing so that they had a chance to come forward and object if there was some legal reason why the marriage couldn’t take place.4 In general, that meant one (or both) of the couple was too young, one (or both) of them was already married, or the law prohibited the marriage because they were too closely related.5

When folks married without banns, however, particularly when they married some distance away from where they were known, there wasn’t the same opportunity in advance to have folks “speak up or forever hold their peace.” The bond then stepped into the breach.

What that bond actually was, then, was a form of guarantee that there wasn’t any legal bar to the marriage. Enforcing the guarantee was a pledge by the groom and a bondsman — usually a relative — to pay a sum of money, usually to the Governor of the State (or colony if earlier, or to the Crown if in Canada6), if and only if it actually turned out that there was some reason the marriage wasn’t legal. The bond shown here, for example, for the marriage of my fourth great grandparents in Wilkes County, North Carolina, in 1816, was a promise by the groom Boston Shew and his brother Simon to pay the Governor of North Carolina five hundred pounds, but it provided that it was “Void on condition that there be no just cause to Obstruct Boston Shew — Intermarriage with Elizabeth Brewer.”7

The use of marriage bonds was common, particularly in southern and mid-Atlantic states, well into the 19th century,8 when most jurisdictions started relying on what the couple said in a written application for a marriage license. And the laws about those… well… that’s a tale for another day…


SOURCES

  1. “Public announcement especially in church of a proposed marriage; plural of bann, from Middle English bane, ban proclamation, ban.” Merriam-Webster Online Dictionary (http://www.merriam-webster.com : accessed 24 Jan 2012.)
  2. Virginia Laws of 1705, chapter XLVIII, in William Waller Hening, compiler, Hening’s Statutes at Law, Being a Collection of all the Laws of Virginia from the first session of the Legislature, in the Year 1619, 14 vols. (1819-1823; reprint ed., Charlottesville: Jamestown Foundation, 1969), 3: 441.
  3. North Carolina Laws of 1715, chapter 8, in William Saunders, compiler, Colonial Records of North Carolina, Vol. 2 (Raleigh, N.C. : P.M. Hale, State Printer, 1886), 212-213; online version, Colonial and State Records of North Carolina, Documenting the American South (http://docsouth.unc.edu/csr/), University of North Carolina, Chapel Hill.
  4. See generally Susan Scouras, “Early Marriage Laws in Virginia/West Virginia,” West Virginia Archives & History News, vol. 5, no. 4 (June 2004), 1-3.
  5. Maryland by statute required marriages to follow the Church of England Table of Marriages, drawn up in 1560, that said when relatives were too closely related. Chapter 12, Laws of 1694; Maryland State Archives, Acts of the General Assembly Hitherto Unprinted 1694-1698, 1711-1729, vol. 38: 1 (http://www.msa.md.gov/megafile/msa/speccol/sc2900/sc2908/000001/000038/html/am38–1.html : accessed 23 Jan 2012.). For that table, see F. M. Lancaster, “Forbidden Marriage Laws of the United Kingdom,” Genetic and Quantitative Aspects of Genealogy (http://www.genetic-genealogy.co.uk/Toc115570145.html : accessed 23 Jan 2012.)
  6. See Marriage Bonds and Licences, Library and Archives Canada (http://www.collectionscanada.gc.ca/022/022-906.002-e.html : accessed 23 Jan 2012).
  7. Wilkes County, North Carolina, Marriage Bond, 1816, Boston Shew to Elizabeth Brewer; North Carolina State Archives, Raleigh.
  8. United States Marriage Records, FamilySearch Research Wiki (https://www.familysearch.org/learn/wiki/en/United_States_Marriage_Records : accessed 24 Jan 2012).
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7 Responses to The ties that bond

  1. Quite interesting! Thanks for your insight.

    Have a great day!
    Ruth Stephens
    Ruth’s Genealogy

  2. Jennifer says:

    I had always wondered what the purpose of the marriage bond was. Great post!

  3. Pingback: Follow Friday: This Week’s Favorite Finds » Climbing My Family Tree

  4. I also have a North Carolina marriage bond in my ancestry. The 1809 marriage bond was taken out by William Clement as he prepared to marry Mary Brasfield. William was a member of a local Presbyterian Church. Thanks for your additional insight into this document.

    • Judy G. Russell says:

      Hi, Mary! Lots of NC marriages were by bond. Of course, the one I really want (my 3rd great grandparents Martin Baker and Elizabeth Buchanan) is nowhere to be found… Sigh!

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