Virginia Citizenship 1783




ACTS PASSED AT A GENERAL ASSEMBLY OF THE 
COMMONWEALTH OF VIRGINIA; BEGUN AND HELD  AT THE PUBLIC 
BUILDINGS IN THE CITY OF RICHMOND, ON MONDAY THE 
EIGHTEENTH DAY OF OCTOBER, IN THE YEAR OF OUR LORD 
ONE THOUSAND SEVEN HUNDRED AND EIGHTY FOUR.

CHAP.     LXXVI.

An ACT to regulate the Solemnization of MARRIAGES.

SECTION I

WHEREAS it is necessary to adopt one general mode for celebrating marriages 
throughout this State,.

SECT 2.  Be it enacted by the General Assembly, That it shall and may be 
lawful for any ordained Minister of the Gospel in a regular communion with 
any society of Christians, and every such Minister is hereby authorized to 
celebrate the rites of matrimony according to the forms and customs of the 
Church to which he belongs, between any persons within this State who, 
agreeable to an Act of Assembly, passed in the year of our Lord one thousand 
seven hundred and forty-eighty, intituled "An Act concerning marriages, shall 
produce a marriage licence directed to any authorized Minister of the Gospel.  
Provided always, that every such Minister shall first produce credentials of his 
ordination, and also of his being in regular communion with the Christian 
society of which he is reputed a member, to the Court of the County or Borough 
in which he resides; shall take the oath of allegiance to this Commonwealth, 
and enter into Bond, with two or more sufficient securities, in the sum of five 
hundred pounds current money, payable to the Governor for the time being and 
his successors, conditioned for the true and legal performance of this trust 
[guestimate, partially illegible word]:  Whereupon such Court is hereby 
required to grant such Minister a testimonial in the following form, given 
under the hand and seal of the then sitting Judge or senior Magistrate, and 
attested by the Clerk, to wit:  
"   This shall certify to all whom it may concern, that at a Court held for
 "  _____, on the _____ day of _____, one thousand seven hundred and _____, 
A.B. produced cre-
"  dentials of his ordination, and also of his being in regular communion with 
the _____ Church took "  the oath of allegiance to this Commonwealth, and 
entered into bond, as required by an Act of Assem-
"  bly, intituled "An Act to regulate the solemnization of marriages," and that 
he is thereby authorized "  to celebrate the rites of matrimony agreeable to the 
forms and customs of the said Church, between any "  persons to him regularly 
applying therefor within this State.  Given under my hand and seal the day and
"  year above written" 
Every testimonial so obtained, shall be taken as good and sufficient authority 
for celebrating the rites of matrimony according to law.  Provided nevertheless,  
That no testimonial shall be granted to any Minister who is itinerant, or who is 
not stated and settled within some Parish or with some Christian Congregation 
within this Commonwealth.  Provided also,  If any authorized Minister shall 
himself at any time decline, or be ejected from his office by the Church to 
which he belongs, or if any of his securities shall give him notice in writing 
that they desire to be released from their suretyship, in either of these cases, if 
he refuses or neglects to give up his testimonials to the Court from which they 
were obtained, any one of his securities, without instituting a suit, may proceed 
against him as if they were his special bail in an action of debt until he is 
thereunto compelled or gives them sufficient caution for their indemnification.

SECT. 3.  And be it further enacted,  That it shall and may be lawful for the 
people called Quakers and Menonists, or any other Christian society that have 
adopted similar regulations in their Church, to solemnize their own marriages, 
or to be jointed together as husband and wife, by the mutual consent of the 
parties openly published and declared before their Congregations when 
convened for religious worship, in the manner and agreeable to the regulations 
that have heretofore been practiced in the respective societies.  AND 
WHEREAS some Magistrates and others, not authorized by law, have been 
induced by the want of Ministers, to solemnize marriages in the remote parts of 
this State;

SECT. 4.  Be it enacted, That all such marriages heretofore openly solemnized 
and made, or which shall be so made before this Act shall take effect, and have 
been consummated by the parties cohabiting together as husband and wife, 
shall be taken, and they are hereby declared good and valid in law; and all and 
every person or persons solemnizing such marriages, are, and shall be 
exonerated from all pains and penalties as if they had been authorized 
Ministers.  Provided always, and it is the true intent and meaning of this Act,  
That nothing herein contained shall be extended or be construed to extend to 
confirm any marriage heretofore celebrated, or which may hereafter be 
celebrated, between parties within the degrees of consanguinity or affinity 
forbidden by law, or where either of the parties were bound by a prior marriage 
to a husband or wife then alive.

SECT. 5.  And be it further enacted,   That instead of the fees heretofore 
prescribed by law, any authorized Minister may demand and receive in current 
money, for the celebration of every marriage, the sum of five shillings; and 
every Clerk of a Court for issuing a marriage licence, may demand and receive 
the sum of fifteen pence.

SECT. 6.  And be it further enacted,  That every Minister offending against any 
of the directions of this Act, shall be subject to the same pains and penalties as 
in like cases are imposed by the said recited Act "Concerning marriages."  
AND that a register of all marriages may be preserved,

SECT. 7.  Be it enacted,  That a certificate of every marriage hereafter 
solemnized, signed by the Minister celebrating the same, or in the case of 
Quakers, Menonists, and other societies that solemnize their marriages by the 
consent of the parties taken in open Congregation as aforesaid by the Clerk of 
the meeting, shall be by such Minister or Clerk, as the case may be, transmitted 
to the Clerk of the County wherein the marriage is solemnized within twelve 
months thereafter, to be entered on record by such Clerk in a book by him to be 
kept for that purpose, which shall be evidence of all such marriages.  The Clerk 
shall be entitled to demand and receive of the party so married, the sum of 
fifteen pence for recording such certificate and giving the bearer a receipt 
therefor.  And every Minister or Clerk of a Congregation, as the case may be, 
failing to transmit such certificate to the Clerk of the Court in due time, shall 
forfeit and pay the sum of twenty pounds current money; and if the Clerk of any 
County shall fail to record such certificate, he shall forfeit and pay the like sum 
of twenty pounds; to be recovered, with the costs of suit, by the informer, in any 
Court  of record.

SECT. 8.  And be it further enacted,  That this Act shall commence and be in 
force from and after the last day of July next; and then immediately so much of 
every Act or Acts, as comes within the purview and meaning of this Act, shall 
be, and is hereby repealed.

The following is  copied from an 1857 printing.  It is located in the microfiche 
section of the Multnomah County Law Library.  It is (excluding typos 
overlooked) a true and accurate copy including capitalization, punctuation, and 
spelling.


File contributed for use in USGenWeb Archives by Brunetta Lafara Lingg

© 1997 bllingg@columbia-center.org