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Hyde Co. Marriage Bonds 1735-1867
(Submitted by Kay Midgett Sheppard)

The absence of clergy was immediately recognized in proprietary Carolina, and about 1669 a law was enacted providing that:

Any two persons desiring to be joined together in the holy state of matrimony taking three or fower of their Neighbors along with them and repairing to the Governor or any once of the Council before him declareing that they do joyne together in the holy state of Wedlock And doe accept one the other for man and wife; and the said Governor or Councellor before whom such act is performed giving Certificate thereof and the said Certificate being registered in the Secretarys Office or by the Register of the precinct or in such other Office as shall hereafter for that use be provided It shall be demed a Lawful Marriage.

This law was confirmed in 1715, but no appreciable number of records of marriages performed under its provisions have survived.  People married, of course, but the fact was seldom committed to writing.

The inadequacy of the 1715 law occasioned many "clandestine and Unlawful Marriages" and led to the most important marriage legislation of the colonial period.  The General Assembly of April 1741, in "An Act Concerning Marriages," granted the power of performing marriage ceremonies to every clergyman of the Church of England and to all county justices.  A justice, however, could not solemnize marriages without the permission of the minister resident in his parish (if there was one).  Before a couple could be married by either a minister or a magistrate they had to obtain a license or publish the banns.  Licenses were to be issued by the clerk of the county court in the county where the prospective bride resided, but only after the intended groom had posted a bond in the sum of fifty pounds, payable to the King, bearing the conditions "that there is no lawful Cause to obstruct the Marriage for which the License shall be desired...."  Consent of parents or guardians was required if either party was under the age of 21 and not a widow or widower.  Servants could not marry without permission of their masters and mixed-race marriages were prohibited altogether.  After posting the bond and receiving the license, the betrothed pair sought out a minister or magistrate to unite them in marriage.  Those not wishing to bother with bonds and licenses could publish the banns.

The 1741 law, too, was often ignored.  Complaining that "Presbyterian, or Dissenting Clergy have joined Many Persons together in Holy Matrimony, without either License or Publication; whereby the Validity of Marriage may be endangered", the General Assembly passed a law in 1766 validating marriages solemnized by dissenting and Presbyterian clergy before 1 January 1767.  Presbyterian ministers, but not those of other denominations, could thereafter perform marriages on the same basis as magistrates.

Legislation in 1770 stiffened an earlier requirement that all marriage licenses be signed by the governor.  Soon thereafter, the independent state of North Carolina, by ordinance in 1776 and law in 1778, empowered every regular minister of the gospel of every denomination who had the cure of souls to celebrate matrimony.  Justices retained their rights as before, but the penal sum of bonds was increased to 500 pounds.  Further, the law of 1778 decreed "the People called Quakers shall retain their former Riles and Privileges in solemnizing the Rites of Matrimony in their own Church."

In all the procedure of filing marriage bonds, granting marriage licenses, publishing banns, and issuing certificates of banns, only the marriage bond was a public record; only the marriage bond was required to be preserved.  The bonding system was in effect from 1741 to 1868, when the use of bonds was discontinued.  [Source: North Carolina Research; 2nd Edition; Helen F.M. Leary, Editor; Chapter 10; pgs. 151-153]

BRIDE'S NAME GROOM'S NAME DATE OF BOND BONDSMAN /
WITNESSES
[unknown bride] Leith, Charles Augt 17th 1765 Jonathan Jesper
Jonan Jasper; John Elsbre
[unknown bride] Marsault, William [no date]

William Tryon was the colonial governor of the Province of North Carolina from 1765-1771 so a marriage date would have to be within these 6 years.

Benj. Martin? / Mason?
Saml Smith; Chrisr Respass
Bailey, Barsheba Williams, John Junr Sixteenth day of March 1785 Joshua Bailey, Junr
Caleb Foreman Clk
Barrow, Barshabe Robins, James 28 Day of Decr 1777 Jno Hancock
Jno Jordan
Barrow, Rebecca Odeon, Charles 4th Day of September Ano Dom 1751 Thomas Barrow
Stephn Denning
Bartee, Hanah Allen, John 21st Aprel 1778 Samuel Davis
Jno Jordan, Clk
Bell, Mahala /Mahaly
[reverse of bond]
Swindell, Wade 9th day of March A.D. 1856 Witness: W.W.Spencer CCC
Bell, Nancy Edwards, John 13th day of March 1797 [no bondsman or witness]
Birds?, Elizabeth Hollowell, Benjamin 27th Day of November Anno Dom 1760 Rotheas Latham
Stephn Denning
Bond, Martha Barrow, Frederick Second Day of January 1764 John McLure
Stephn Denning
Brown, Mary Silverthorn, Sebastian 28th Day of September 1761 John Wright
Stephn Denning
Clark, Elizabeth Satchwell, Jno 6th of May 1778 Jacob Durden
Jno Jordan, Clk
Conner, Ann Cording, Thomas 7th Day of February Anno Dom 1761 Mathew Pawson
Rotheas Latham; Stephn Denning
Conner, Rebecca Eborne, William 2d Day of August 1762 Joseph Hollowell, Jnr
Stephn Denning
Cording, Mrs Nancy Pritchett, Abraham 26 Day of August 1778 Henry Trippe
Jno Jordan Clk
Coventon, Nancy Allen, James [blank] 1778 Jesey [blank]
Jno Jordan, Clk
Daniel, Cloe of Currituck County Gaskill, Jacob 22nd day of May AD 1845 W.H. Styron
[no witnesses]
Eborn, Mrs. Elizabeth Boyd, William 28th Day of Decembr Anno Dom 1757 James Eborn
Thos Barrow; Robart Thomson
Emory, Sarey Swindell, Robert [blank]
[Research indicates 1794]
Zachr Jarvis
[no witnesses]
Ethridge, Susana
[reverse says Mrs Susey Ethridge]
Jasper, Samuel 2nd day of March 1796
[reverse says March 1st 1796]
Jehiel Jasper
[no witness]
Everet?, Hannah Porter, William 2 day of March 1797 Richd Jasper
[no witnesses]
Flinn, Ann Smith, Stephen Tenth Day of August Anno Dom 1763 John Elsbre
Stephn Denning
Foreman, Ednah Adams, Henry Eighteenth day of January AD 1765 Jas ? Smith
Caleb Foreman
Fortiscue, Mrs Lucrecy Rolison, William 9th of Feb 1779 Simon Bailey / Baley
[no witnesses]
Fourman, Charity Tankard, George Eighth Day of Jany 1765 Littleton Wilkins
Christr Respess
Gaylard, Elizabeth
[bottom of bond]
Shavanah (Shavender?), John 22nd Day of May 1802 Laben [his x mark] Banks;John Phesickance?/ Physick?
[no witnesses]
Gibbs, Mrs Jemima Mason, John 16th day of February 1779 Abram Jones
John Jordan Clk
Green, Hannah Miller, Gilbert 21st Day of Feby Anno Dom 1763 Benjamin Martin
Stephn Denning
Gurganius, Dinah Smith, Joseph 28th Day of July 1778 Henry Scott
Jno Jordan Clk
Harris, Amy Windfield, Richd 23rd Day of January Anno Dom 1769 William Davis; John Henry
Harvey, Rebecah Arthur, Edward 31st Day of Decembr 1758 William Martin
Sarah Martin; Stephn Dening
Hopson, Mrs Sarah Ann Lowther, Thos 15th Day of Sept Anno Dom 1748 Henry Gibbs
Rd Liermont; Danl Freeman
Jarvice, Sarah Mason, Roger Junr 6 Day of August 1743 Benjamin Mason
James ____?; William Denmark
Jennett, Mrs. Laranah McClin /McGlin, Charles 25th [day Dec]emr 1798 John Mark Harvey [signed John Mark]
Jno Jordan
Jesper, Anna Easter, Thomas 5th day of Sepr 1753 William Easter
John Giles; Roger [his M mark] More
Jones, Sarah Spencer, Richd [torn] of March 1778
[right side of bond totally gone]
Joseph Gibbs
Jno Jordan, Clk
Jones, Mrs Sarah Silby [Selby], Samuel 10th of November 1778 [no bondsman or witnesses]
Jordan, Ann Barrow, Zachary 28 Day of Decembr Anno Dom 1760 Thomas Barrow
Stephn Denning
Leath, Mary Jarvis, Foster 24 Day of Apr 1752 John Harvey
Aaron Tison; Frans Egleton
Lockhartt, Margarett Allen, Capt. Edward 4th of May 1778 Thomas Jordan
Jno Jordan, Clk
Mason, Caty Allen, Jesse 17th Day of July 1778 James Allen
Jno Jordan, Clk
Mason, Dorcas Gardner Junr, James
mariner of New Port, Rhode Island
9th Day of Feby Anno Dom 1765 Peleg Durfey & James [his x mark] Hunter
Stephn Denning; Littleton Wilkins
Mason, Mary Junr Hufsey / Hussey, Henry 11th Day of August Anno Dom 1762 John Elsbre
Stephn Denning
Mason, Rachel
[reverse of bond]
Bucksell, James (schoolmaster) 25 Day of March Anno Dom 1754 William [his W Mark] Bell
Foster Jarves; Cornelius Bell
Norriss, Rebecca Sawyer, Elihu 24th May 1810 Mr. Foreman,
Sir, please to Send by James Watson a marriage Licence To be Cellebrated Between myself and Miss Rebecca Norriss.  Mr Watson will hand you the Money for the Same.  your Compliance will oblige.  Yours &c. 24th May 1810
     /s/ Elihu Sawyer
Porter, Kesiah Eborn, Joakim Fourth Day of Aprel 1778 John Satchwell
Russel, Susanah Hays, James 27 day of Febry 1797 Thomas Seabrook
[no witness]
Satchwell, Nancy E.
[reverse of bond]
Silverthorn, Albin W. 19th day of November A.D. 1855 - bond
20th day of November A.D. 1855 -license
[no bondsman]
William W. Spencer, Clerk of County Court
Silby [Selby], Ann Linton, John 4th Day of May 1778 Burage H. Selby
Jno Jordan Clk
Sinclair, Frances Few, William 10th Day of July Anno Dom 1761 Chas Read
Stephn Denning; Chris. McNair
Sinclar, Catharine Adams, Joseph 4th Day of April Anno Dom 1761 Chas Read
Stepn Denning
Slade, Mary Elsbre, Ephraim 4th day of Jany Anno Dom 1735 James B____
Smith, Jemima Flynn / Flinn, Benjn 2nd Day of May Anno Dom 1750 Zaras? [her E mark] Chabenor
Thos Loach; Elizth [her E mark] Loach
Snoad, Ann Peyton, William of Beaufort Co. 7th Day of April Anno Dom 1763 Willm Tripp; Robt Williams of Beaufort Co.
Stephn Denning; John Webster
Tison, Catherine Cleaves, John 14th Day of January Anno Dom 1762 Jonathan Jasper
Jeremiah Slade
Tuley, Mis Marey Slade, Ebenezer 26th of Augt 1778 Josiah Bartee [his = mark] Bartee
Jno Jordan Clk
Webster, Ann Newman/s, John of Beaufort Co. 30th Day of May 17__ William Webster
Frans Egleton; Robt Gibbs
Wilkinson, Diana Jordan, Thos 25 day of May 17__ Abram Wilkinson Senr
Thos Loach; Elizth [e] Loach
Williams, Ann cold Midgett, James E. cold 16 day of Sept. AD 1867 H.Farrow. MG
Williams, Sarah Ormond, Wyriott 13th Day of Novr Anno Dimini 1759 Zachariah Barrow
William Webster
Williamson, Pegiey Windley, John 27 day of May A.D. 1806 [no bondsman or witnesses]
Winn, Roady Loyhead / Loyd, John eighteen Day of Janr 1765 Linton / Littleton Wilkins
Matth Scott; Rotheas Latham
Reverse of Rachel Mason Bond:
     Hyde County} Pursuant to order of Decembr Court 1753 the good & Chattles of Christopher Seymore Decd Sold at publick Vandue the 15th Day of Decembr.

2009  Kay Midgett Sheppard