Floyd County (Va.). Circuit Court.

Floyd County was formed from Montgomery County in 1831, and part of Franklin County was added in 1873. The county was named for John Floyd, governor of Virginia from 1830-1834.

Prior to 1853, when the Commonwealth began recording vital statistics, Virginia marriages were recorded at the county or city level. Beginning in 1661, in order to be married by license, the groom was required to go before the county clerk and give bond with security that there was no lawful reason to prevent the marriage. The bond was pledged, with two or more sufficient securities (or witnesses), but no money was exchanged. The license, issued then by the clerk, was given to the minister who performed the service. The practice of bonding was discontinued in 1849, although in some communities bonds were pledged into the 1850s. This practice insured against legal action should the marriage not take place, if either party declined to go through with the union, or if one of the parties was found to be ineligible for marriage--if either the bride or groom was already married or was underage and lacked approval to wed.

According to Virginia law, individuals under the age of twenty-one needed the consent of a parent or guardian to marry. In the seventeenth and eighteenth centuries, officials were especially concerned about females under the age of 16 marrying without consent. County clerks were not authorized to issue a marriage license without certificate (permission) from the parent, master or guardian. In the nineteenth century, a parent or guardian could give consent verbally to the clerk of the court, or provide written consent in front of one to two witnesses; the consent was then delivered to the county clerk.

Until 1780, marriages could be performed only by ministers of the Established Church, who were required by law to record marriages in the parish register. In 1780, dissenting ministers (only four per county from each sect) were permitted to perform marriage ceremonies. In order to have a record of all marriages, ministers were required to sign a certificate to be filed with the county clerk. Initially, ministers sent marriage certificates to the clerk every three months. Some ministers adopted a custom of making collected returns--a list of marriages performed within a period of time such as a year or several years. Beginning in 1784, marriage certificates were returned annually. The law was rarely enforced, and ministers' returns were sometimes late, incorrect, incomplete and in many instances, not made at all. County clerks compiled a register of marriages based, in part, on ministers' returns.

The original marriage records, from which these volumes were compiled, were created by the County Court.