Banns, Bonds and Surety

      One way a couple could marry in Virginia was through the use of Marriage Banns. The intended marriage would be announced at their church for four Sundays in a row. This notified the community that a marriage was intended and allowed the community time to step forward if any known impediments existed to the marriage. An impediment could be a previous and still binding marriage or one of the two was a minor. Also, (in earlier times) if they did not want to marry in the Church of England, they married by banns. Even today, some churches still follow the practice of announcing marriage banns.

      If the couple did not want to wait four weeks they could obtain a Marriage Bond. The wording on the marriage bond includes the phrase “since a marriage is speedily intended”. From ministers' returns, we know that most weddings were performed within a few days of the issuance of the marriage bond. Some ministers were more conscientious about the “returning” than others. Some ministers made their returns in both Albemarle and Orange, so the marriage was filed in both counties. Without the minister's return, you cannot be absolutely positive the couple wed until you find confirming proof like a land deed or census listing. This is also the reason there are occasional discrepancies in marriage dates: the first date is the issuance of the marriage bond; the second is the date of minister's return.

      The bond served the same purpose as the banns: to protect the community. In order to obtain a marriage bond, money had to be given to the state as proof that the intentions were honorable and there were no legal impediments to the marriage. The couple was guaranteeing the state that they were not circumventing the marriage bann process for reasons that were illegal. Most young couples did not have the money to post the bond, so they had to ask for help.

      The person or persons who posted the money for the couple are known to genealogists as the surety. The surety could be anyone. The only thing you can conclusively deduce about the relationship of a surety to the couple, without additional proof, is the surety knew either the bride, the groom, or someone in one of their families. I have seen cases where the sureties were the two fathers; I have also seen the bride's brother-in-law act as surety; and then there are cases where the surety is not related by blood or marriage to the couple in any way. Perhaps he's an old friend of the family, or the neighborhood “philanthropist”, or he served with the groom's dad in the last war.

      And if anyone would like to add to, or correct the above, feel free to e-mail me.

County Formation

• 1702 King William --> 1721 Spotsylvania --> 1734 Orange
  • Orange --> 1743 Frederick
    
  • Orange --> 1745 Augusta
    • Augusta --> 1769 Botetourt --> 1874 Roanoke
    • Augusta --> southern half taken to form Fincastle --> 1777 KY, Montgomery, Washington
    • Augusta (along with parts of Montgomery, Botetort) --> 1778 Greenbriar
      • Greenbriar & Montgomery --> 1789 Kanawha --> 1804 Mason Co. (WV)
    • Augusta (along with part of Botetourt) --> 1778 Rockbridge
    • Augusta (along with parts of Botetort and Greenbriar) --> 1790 Bath
  • Orange --> 1778 Rockingham
    • Rockingham --> 1788 Pendleton
      
    • Rockingham (along with part of Shenandoah Co.) -->1831 Page
  • Orange --> 1749 Culpepper
    • Culpepper --> 1793 Madison
    • Culpepper --> 1833 Rappahannock
  • Orange --> 1838 Greene

• New Kent --> 1720-21 Hanover --> 1742 Louisa --> 1744 Northern half of Albemarle [Note: Northern section was never subdivided]

• Henrico --> 1727 Goochland --> 1744 Southern half of Albemarle
  • Albemarle (along with part of Lunenberg) --> 1753 Bedford
  • Albemarle --> 1761 Amherst
  • Albemarle --> 1761 Buckingham
  • Albemarle --> 1777 Fluvanna

Devisee

Law of Primogeniture

Quoted article written by: Myra Vanderpool Gormley, Los Angeles Times Syndicate

[The debate over John and John Jr.] reminded of a column by Myra Gormley and miracle of miracles, I saved it AND found it! She cautions:

While primogeniture was followed in some colonies, particularly in the South, where it sometimes lasted into the early 19th century, it was eliminated by law in others at various dates, chiefly in the 1780s.

Because of the law of primogeniture, whereby the entire real property of the father passed to the eldest son at the death of the father, there are instances where the eldest son is not even mentioned in his father's will because the father knew the son would receive the property by law.

The colonies in which primogeniture existed as law and custom were Virginia, New York, New Jersey, North Carolina, South Carolina and Georgia.

In Virginia, primogeniture applied in all intestate estates. Whenever a man died without a valid will, the eldest son inherited the homestead and all the lands.

St. Thomas's Parish

“Orange County embraced St. Mark's Parish in 1734 when it was formed. In 1740, "for the convenience of the Minister and people" the Parish divided and Orange County was made into a new Parish called St. Thomas Parish.”

“There were three early churches in St Thomas Parish - Pine Stake, Middle or Brick Church and the "Upper Church".”

“Upper Church was situated near "Old Cove's Ford" and was the oldest of the three. The Middle Church was situated on a farm now owned by J. P. Taylor near where the Church Run Road crosses Church Run and was built earlier than 1740, and the "Pine Stake"Church stood about a mile and a half east of Everona, and the spot can be located at this time by some of the remains of the old church. It was built prior to 1743, as an old petition in the Clerk's Office of that date refers to it.”

The Clerk of Upper Church of St. Thomas Parish used to travel between Darby Quinn's Plantation and the River - it was used as a "horse way". This plantation is where Beautiful Run empties into the Rapidan River. He used this to go from his house to the Church. There is mention of Mr. Quinn erecting a barrier at some point and the clerk petitioning to get the barrier removed because he had to go out of his way to go around the plantation.

“"During the Rev. War there was not a regular minister, but the Rev. Matthew Maury of Albemarle preached occasionally; Henry Frye, a Methodist , preached occasionally and James Waddell, the blind Presbyterian had charge for 2 years at the Old Brick Ch., and then Charles O'Neill, from ca 1790-1800 and then again for a few years the Parish was without and then again Matthew Maury cared from 1826 to ca 1830 Geo. A. Smith had charge of both St. Mark's and St. Thomas preaching twice a month in St. Thomas.”

“St. Thomas Church at Orange was built in 1833.”

From: The Parishes of Virginia, Vol. 2, published by Library of Virginia:

ST. THOMAS PARISH, 1740 -
(Orange County, 1740-)

By an Act of the General Assembly in 1740, the parish of St. Mark in the county of Orange was divided into two parishes, and the parish of St. Thomas was formed as follows;

That from and after the first day of November next, the said parish of St. Mark shall be divided by a line, to be run from the Wilderness bridge, up the Mountain road to the head of Russell run; thence down the said run to the river Rappidan; thence up the Rappidan, to the Robinson River and thence, from the said river, along the ridge, between the Robinson and Rappidan, to the top of the Blue Ridge of mountains; and all that part of the said parish, situate on the north side of the said bounds, be erected into one distinct parish, and retain the name of St Mark; and all that other part thereof, situate on the south side of the said bounds, be erected into one other distinct parish, and called by the name of Saint Thomas

Also:

in 1890 a portion of St. Thomas' Parish in Orange County was added to Slaughter Parish as follows:

Commencing at a point where the county road crosses the Rapidan River at Peyton's Ford, and running thence eastward with said road to a point opposite the dwelling-house on the Trimmer farm, thence southward and around said dwelling-house so as to include the same, thence in a straight line to a point in the Stevensburg road at the mouth of the road to Mason;s Station, thence with the said road to Mason's Station to the lot owned by the trustees of Emmanuel Church, Slaughter Parish, thence around the boundary of said lot to the old Plank road thence east down the Old Plank Road to Rhodesville, thence northward a straight line to the Rapidan River at Somerville's Ford, thence up the river to the beginning