Caswell County, North Carolina Marriage Bonds: 1778-1868
Compiled by Katharine Kerr Kendall (1981; reprinted 1990)
Introduction
In 1741, North Carolina enacted a law requiring a prospective groom and his bondsman to post a bond with the Clerk of the Court certifying there was no legal impediment to the marriage.* This remained law until 1868 when a new North Carolina constitution changed the marriage laws.
The Caswell County marriage bonds are in the custody of the North Carolina State Archives, Raleigh, North Carolina. Although Caswell County began its history in 1777, the first extant bonds are dated 1778.
The bonds are filed in boxes. In the 1930s they were alphabetized by the staff of the Archives who soon found it necessary to prepare a card file of the bonds in order to preserve the originals. The Genealogical Society of Utah typed the first index and prepared a cross index to brides. One copy of this is at the State Archives, and a second copy at the Caswell County Courthouse, Yanceyville. I am grateful to the State Archives for allowing me to update its copy.
Not all the marriage bonds remain.
The 5,700 bonds of Caswell County in this compilation include fifty-nine bonds that had been filed erroneously with bonds of Stokes County, North Carolina. In addition to brides, the index includes bondsmen, witnesses, and names other than bride and groom found on the bonds. All names on the bonds are included in this edition, but in some cases the names of county officials or issuing officers are omitted to avoid repetition.
Katharine Kerr Kendall
2814 Exeter Circle
Raleigh, NC. 27608
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March 1741
Volume 23, Pages 158-204
An Act Concerning Marriage
Signed by
GABRIEL JOHNSTON, ESQ., Governor.
William Smith, President.
JOHN HODGSON, Speaker
Source: Documenting the American South [https://docsouth.unc.edu/csr/index.php/document/csr23-0012; accessed 7 April 2023]
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VI. And be it further Enacted, by the Authority aforesaid, That all Licences for marriages shall be issued by the Clerk of the Court of that County where the Feme shall have her usual Residence, and by his only, and in such Manner, and under such Rules and Directions, as are herein after provided; that is to say, He shall take Bond, to our Sovereign Lord the King, his Heirs and Successors, with good Securities, in the Penalty of Fifty Pounds, Proclamation Money, under Condition, That there is no lawful Cause to obstruct the Marriage for which the Licence shall be desired; And if either of the Persons intended to be married shall be under the Age of Twenty One Years, and not theretofore married, the Consent of the Parent or Guardian shall be personally given before the said Clerk, or signified under the Hand and Seal of the said Parent or Guardian, and attested by Two Witnesses; all which being done, the Clerk shall write the License and shall certify specially the said Bond:
And if the Persons in the Licence, or either of them, be under the age of Twenty One Years, he shall also certify the Consent of the Parent or Guardian of such Person so under Age. and the Manner thereof, to the first Justice of the Commission of the Peace for the County, or to such other Person as shall be thereto Commissioned by the Governor or Commander in Chief for the Time being; which premises being performed, the Justice of the Peace or other Person commissioned as aforesaid, is hereby authorized, impowered, and required, to sign and direct the said Licence; and a Licence so obtained and signed, and no other whatsoever, is declared to be a lawful Licence, according to the true Intent and Meaning of this Act, and if any County Court Clerk shall, in any Manner, issue any Licence or Marriage, or, Contrary to this Act make any Certificate of any Licence or Marriage, and if any Person whatsoever shall sign or direct a Licence in any other Manner than is by this Act permitted and allowed; all and every Person or Persons so offending, shall forfeit and pay the Sum of Fifty Pounds, Proclamation Money: to be recovered and applied as herein after is directed.
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