WEDDING FEES
For twenty years or more after the founding of Jamestown, Virginia, it was required that young couples ask permission of the Royal Governor if they planned to marry.
One might think that it was the intent of the colony's House of Burgesses to do all they could to thwart romance and matrimony. They seem to have plans to re-write marriage legislation about every five years or so.
One reason for the Royal Governor's interest in weddings throughout the land was to be found in the fact that he got the largest portion of the license fees as part his pay check. He was looking out for Number One, not playing Cupid.
The law was strict in many ways, too. Only a minister of the established Church of England could perform the marriage ceremony Any so-called “pretended marriages” were null and void, the man and woman were subject to trial for unlawful cohabitation and all children born to such unions were illegitimate and without rights of any kind. Ministers taking part in such false weddings could be punished, as well.
A young couple, intent on starting a family, of their own, must first declare their intention to do so before the public by publishing banns for three successive weeks at their parish church. One must assume that “publishing” meant nailing a written announcement concerning the planned wedding on the church door. When that had been accomplished satisfactorily they were ready to ask the Royal Governor to issue a license for them to proceed.
The were made aware, at that time, of the laws of 1642-43 which prohibited the firing of arms, except at weddings and funerals to “prevent alarms” and “to conserve powder.” Fee payments varied over the years but legislation of 1705, disallowed fees to more than one minister in any parish even if another assisted with the actual ceremony. By the Act of 1745 the Royal Governor received 20 shillings (about $3.33); The Clerk: 5 shillings (about 84-cents); the Minister 20-shillings ,if by license; if by banns - 5 shillings, and for publishing the banns 1 shilling, 6 pence or around a quarter. During the “Interregnum” - 1775 - when the colony had to raise extra money - the tax was doubled to 40 shillings for every marriage.
As settlements spread out, the Clerk started issuing licenses locally, but a list was forwarded to the Governor so he could keep a tally on how many fees he had earned. Those lists, oddly enough, did not, as a rule, include the name of the female involved nor of the minister performed. One such list, mysteriously, does show the names of women involved. The minister took it all quite seriously,too. The Rev. John Jones, of Augusta parish, sued the Rev. Adam Smith, of Botetourt parish. in public court in 1773 and recovered 2-pounds,2-shillings and 6-pence for marriage fees unlawfully claimed by his ministerial associate.
By an Act of October 1776, the Commonwealth of Virginia, in one of its first actions, reduced the wedding tax to 20 shillings and eliminated the Royal Governor's fee entirely.
These amounts are credited to “Hening's Statues at Large” but historian Joseph A. Waddell in his “Annals of Augusta County”, 2nd edition - 1902 had this comment:
“The present wiser generation has relieved marriage of some of its burdens. The fees of clerks and ministers legally demandable, are only one dollar each, and no tax is imposed. As this is the age of pensions and subsidies, very likely after awhile bounties will be offered to stimulate the ardour of young couples.”
A.L.M. December 12, 2002 [c600wds]
