Caroline County (Va.) Circuit Court.

Caroline County was formed from Essex, King and Queen, and King William counties in 1728. Additional parts of King and Queen County were added to Caroline in 1742 and 1762.

The Virginia legislature passed an act on 27 February 1866 to legalize the marriages of former slaves who had been cohabiting as of that date. See Virginia Acts of Assembly, 1866-1867, Chapter 18, An act to amend and re-enact the 14th section of chapter 108 of the Code of Virginia for 1860, in regard to registers of marriage; and to legalize the marriages of colored persons now cohabiting as husband and wife.

The federal Bureau of Refugees, Freedmen, and Abandoned Lands directed the Assistant Superintendents of the states to order the county clerks to make a registry of such cohabiting couples. See Circular No. 11, dated 19 March 1866, in Orders, Circulars, Circular Letters, and Letters of Instruction, vol. 2 (1866). Bureau of Refugees, Freedmen, and Abandoned Lands, Records of the Assistant Commissioner for the State of Virginia, 1865-1869. Miscellaneous reel 3880, Library of Virginia. National Archives microfilm M1048 (reel 41), Record Group 105.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

From the guide to the Caroline County (Va.) Register of Colored Persons of Caroline County, State of Virginia, cohabiting together as Husband and Wife, 1866, (The Library of Virginia)

Caroline County was named for Caroline of Anspach, consort of George II. It was formed from Essex, King and Queen, and King William Counties in 1728, and additional parts of King and Queen were added in 1742 and 1762.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

The 1902 voter registration books were created following the passage of the 1902 Virginia state constitution. The purpose of the 1902 state constitution was to maintain white suffrage while eliminating African-American voters by means of literacy tests as well as property and poll tax requirements.

From the guide to the Caroline County (Va.) Election Records, 1884-1939, (The Library of Virginia)

Caroline County was named for Caroline of Anspach, consort of George II. It was formed from Essex, King and Queen, and King William Counties in 1728, and additional parts of King and Queen were added later.

The Human Association was a cooperative association of Protestant churches in Caroline County.

From the guide to the Human Association Executive Board Minutes, 1902-1903, (The Library of Virginia)

Caroline County was formed from Essex, King and Queen, and King William counties on 1 May 1728, and additional parts of KIng and Queen County were added in 1742 and 1763. The county was named for Caroline of Anspach, wife of King George II.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

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 license, issued then by the clerk, was given to the minister who performed the service. Written consent from a parent or guardian was needed for individuals younger than twenty-one years. 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 or two witnesses; the consent was then delivered to the county clerk.

The original marriage records, from which this volume was compiled, were created by the County Court.

From the guide to the Caroline County (Va.) Marriage Register, 1852-1857, (The Library of Virginia)

Caroline County was formed from Essex, King and Queen, and King William counties on 1 May 1728, and additional parts of King and Queen County were added in 1742 and 1763. The county was named for Caroline of Anspach, wife of King George II.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

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 license, issued then by the clerk, was given to the minister who performed the service. Written consent from a parent or guardian was needed for individuals younger than twenty-one years.

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 first 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. Intially, 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 ministers' returns of Caroline County (Va.) described in this collection were created by the County Court.

From the guide to the Caroline County (Va.) Ministers' Returns, 1796-1852, (The Library of Virginia)

Caroline County was formed from Essex, King and Queen, and King William counties on 1 May 1728, and additional parts of King and Queen County were added in 1742 and 1763. The county was named for Caroline of Anspach, wife of King George II.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

In 1853, the General Assembly passed a law requiring the systematic statewide recording of vital statistics. The marriage register, still compiled by the county clerk from ministers' returns and other original marriage records, became more standardized and comprehensive.

The original marriage records, from which this volume was compiled, were created by the County Court until 1904. After 1904, marriages were recorded in the Circuit Court.

From the guide to the Caroline County (Va.) Marriage Register, 1893-1932, (The Library of Virginia)

Chancery Causes are cases of equity. According to Black's Law Dictionary they are "administered according to fairness as contrasted with the strictly formulated rules of common law." A judge, not a jury, determines the outcome of the case.

Caroline County was formed in 1728 from Essex, King and Queen, and King William Counties. Additional parts of King and Queen County were added in 1742 and 1762. It was named for Caroline of Anspach, consort of George II.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

From the guide to the Caroline County (Va.) Chancery Causes, 1787-1849, (The Library of Virginia)

Caroline County was named for Caroline of Anspach, wife of King George II. It was formed from Essex, King and Queen, and King William Counties on 1 May 1728, and additional parts of King and Queen County were added in 1742 and in 1763. The county seat is Bowling Green.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

From the guide to the Caroline County (Va.) Military and Pension Records, 1818-1888, (The Library of Virginia)

Caroline County was named for Caroline of Anspach, consort of George II. It was formed from Essex, King and Queen, and King William Counties in 1728, and additional parts of King and Queen were added in 1742 and 1762.

In accordance with an act passed by the General Assembly 1862 Feb. 18 and amended 1862 Oct. 1 providing a mode of exemption from military service, the county and corporation courts were directed to appoint a Board of Exemption. The board was charged with deciding all claims for military exemptions brought before it, "carefully and rigidly conforming to all the provisions of the Act of Assembly." On 1863 Feb. 13, the Governor issued an order directing that where no board had been appointed, the presiding justice of each county and corporation court, together with the two senior justices, constitute the board.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

From the guide to the Caroline County (Va.) Orders, 1862-1863, (The Library of Virginia)

Caroline County was named for Caroline of Anspach, consort of George II. It was formed from Essex, King and Queen, and King William Counties in 1728, and additional parts of King and Queen were added in 1742 and 1762.

Commonwealth vs. Loving and Jeter was the criminal case that began in 1958 in Caroline County and terminated in a landmark civil rights decision by the United States Supreme Court that declared Virginia's anti-miscegenation statute, the Racial Integrity Act of 1924, to be unconstitutional, thereby ending all race-based legal restrictions on marriage in the United States.

Mildred Delores (Jeter) Loving, an African American woman, and Richard Perry Loving, a white man, were residents of the Commonwealth of Virginia who had been married in June 1958 in the District of Columbia, having left Virginia to evade the Racial Integrity Act, a state law banning marriages between any white person and any non-white person. Upon their return to Caroline County, they were charged with violation of the ban. Specifically, they were charged under Section 20-58 of the Virginia Code, which prohibited interracial couples from being married out of state and then returning to Virginia, and Section 20-59, which classified "miscegenation" as a felony punishable by a prison sentence of between one and five years. On January 6, 1959, the Lovings pleaded guilty and were sentenced to one year in prison, with the sentence suspended for 25 years on condition that the couple leave the state of Virginia. The trial judge in the case was Leon M. Bazile who wrote the famous opinion of the court that since God had created different colors of people and placed them on different continents that He therefore never intended for the races to intermarry.

The Lovings moved to the District of Columbia, and on November 6, 1963, the American Civil Liberties Union filed a motion on their behalf in the state trial court to vacate the judgment and set aside the sentence on the grounds that the violated statutes ran counter to the Fourteenth Amendment. On October 28, 1964, after their motion still had not been decided, the Lovings began a class action suit in the U.S District Court for the Eastern District of Virginia. On January 22, 1965, the three-judge district court decided to allow the Lovings to present their constitutional claims to the Virginia Supreme Court of Appeals. Virginia Supreme Court Justice Harry L. Carrico (later Chief Justice of the Court) wrote an opinion for the court upholding the constitutionality of the anti-miscegenation statutes and, after modifying the sentence, affirmed the criminal convictions.

On June 12, 1967, the U.S. Supreme Court overturned the convictions in a unanimous decision, dismissing the Commonwealth of Virginia's argument that a law forbidding both white and black persons from marrying persons of another race, and providing identical penalties to white and black violators, could not be construed as racially discriminatory. The court ruled that Virginia's anti-miscegenation statute violated both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. The Supreme Court concluded that anti-miscegenation laws were racist and had been enacted to perpetuate white supremacy.

From the guide to the Caroline County (Va.) Commonwealth versus Richard Perry Loving and Mildred Delores Jeter, 1958-1966, (The Library of Virginia)

Caroline County was named for Caroline of Anspach, consort of George II. It was formed from Essex, King and Queen, and King William Counties in 1728, and additional partf of King and Queen were added later.

From the guide to the Hall of Kilwinning Crosse Lodge No. 2-237 Ledger, 1902-1911, (The Library of Virginia)

Caroline County was named for Caroline of Anspach, consort of George II. It was formed from Essex, King and Queen, and King William Counties in 1728, and additional parts of King and Queen were added later.

From the guide to the Bowling Green Volunteer Fire Company Record Book, 1940-1949, (The Library of Virginia)

Caroline County was formed from Essex, King and Queen, and King William Counties on 1 May 1728, and additional parts of King and Queen County were added in 1742 and 1763. The county was named for Caroline of Anspach, wife of King George II.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

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. The marriage certificates record the names of both parties celebrating the rites of matrimony, the date of the marriage, the name of the minister who performed the ceremony and the minister's religious denomination.

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.

The original bonds, certificates and consents, from which these volumes were compiled, were created by the County Court.

From the guide to the vi02578, 1795-1860, (The Library of Virginia)

Caroline County was named for Caroline of Anspach, consort of George II. It was formed from Essex, King and Queen, and King William Counties in 1728, and additional parts of King and Queen were added in 1742 and 1762.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

From the guide to the Agreement used as evidence in the Caroline County (Va.) Chancery Cause Widow of John Richardson, etc., versus James Turner and wife, 1800, (The Library of Virginia)

Caroline County was formed from Essex, King and Queen, and King William counties in 1728. Additional parts of King and Queen County were added to Caroline in 1742 and 1762.

The Virginia legislature passed an act on 27 February 1866 to legalize the marriages of former slaves and provided for the legitimization of children of couples no longer cohabiting as long as the father recognized the children to be his. See Virginia Acts of Assembly, 1866-1867, Chapter 18, An act to amend and re-enact the 14th section of chapter 108 of the Code of Virginia for 1860, in regard to registers of marriage; and to legalize the marriages of colored persons now cohabiting as husband and wife.

The federal Bureau of Refugees, Freedmen, and Abandoned Lands directed the Assistant Superintendents of the states to order the county clerks to make a registry of such children. See Circular No. 11, dated 19 March 1866, in Orders, Circulars, Circular Letters, and Letters of Instruction, vol. 2 (1866). Bureau of Refugees, Freedmen, and Abandoned Lands, Records of the Assistant Commissioner for the State of Virginia, 1865-1869. Miscellaneous reel 3880, Library of Virginia. National Archives microfilm M1048 (reel 41), Record Group 105.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

From the guide to the Caroline County (Va.) Register of Children of Colored Persons whose Parents had ceased to cohabit which the Father recognizes to be his, 1866, (The Library of Virginia)

Caroline County was formed in 1728 from Essex, King and Queen and King William Counties. Additional parts of King and Queen County was added in 1742 and 1762.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

From the guide to the Caroline County (Va.) Deed and Will Books, 1742-1859, (The Library of Virginia)

Caroline County was named for Caroline of Anspach, consort of George II. It was formed from Essex, King and Queen, and King William Counties in 1728, and additional parts of King and Queen were added in 1742 and 1762.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

From the guide to the Caroline County (Va.) Wills, 1733-1841, (The Library of Virginia)

The plat was used as an exhibit in the chancery suit Hoomes and others versus Hoomes and others heard in the Superior Court of Chancery, Fredericksburg District.

Caroline County was formed in 1728 from Essex, King and Queen, and King William Counties. Additional parts of King and Queen County were added in 1742 and 1762. It was named for Caroline of Anspach, consort of George II.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

From the guide to the Plat of Bowling Green Estate, 1825, (The Library of Virginia)

Caroline County was named for Caroline of Anspach, consort of George II. It was formed from Essex, King and Queen, and King William Counties in 1728, and additional parts of King and Queen were added in 1742 and 1762.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

From the guide to the Caroline County (Va.) Land Records, 1728-1840, (The Library of Virginia)

Caroline County was named for Caroline of Anspach, consort of George II. It was formed from Essex, King and Queen, and King William Counties in 1728, and additional parts of King and Queen were added in 1742 and 1762.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

In 1780 the Virginia General Assembly replaced the Anglican vestries and churchwardens of the colonial period with elected bodies called Overseers of the Poor. The Overseers provided food, clothing, shelter, and medical treatment for the persons who were too poor to support themselves or too ill to provide for their basic needs. They also bound out children whose parents could not support them or who failed to educate or instruct them, as well as orphans to become apprentices. The boys learned a trade and the girls learned domestic skills.

In 1844, the General Assembly enacted laws to create poor farms overseen by boards of directors for the maintenance and education of the poor. The boards bought farms and built buildings, appointed a superintendant for each poor farm, and chose a physician to attend the sick and teachers to educate the children. The adults and older children were required to work if they were able.

From the guide to the Caroline County (Va.) Board of Overseers of the Poor Minutes, 1845-1871, (The Library of Virginia)

Caroline County was named for Caroline of Anspach, consort of George II. It was formed from Essex, King and Queen, and King William Counties in 1728, and additional parts of King and Queen were added in 1742 and 1762.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

From the guide to the Caroline County (Va.) Deeds, 1861-1963 (bulk 1868-1948 and 1958-1963), (The Library of Virginia)

Caroline County was named for Caroline of Anspach, consort of George II. It was formed from Essex, King and Queen, and King William Counties in 1728, and additional parts of King and Queen were added in 1742 and 1762.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

Laws requiring the recording of births and deaths in Virginia were enacted as early as 1632, when a law directed ministers or churchwardens in each parish to present a "register of all burialls, christenings, and marriages" yearly at the June meeting of the court. A similar act passed in 1659 stated that "enquiries are often made for persons imported into the collonie, of whose death no positive certificate can be granted for want of registers." Few records survive from these early decades.

In 1713, the General Assembly noted that earlier acts had "for a long time been disused" and once again directed the recording of births and deaths by the minister or clerk of each parish. A return made the same year noted that the list of births and deaths was not complete since many parishes failed to make returns "for tis a thing so new to the people that neither they care to Register their Births and Burials, nor are the Parish Clerks yet brought into a regular method of transmitting them."

The recording of vital statistics continued to be an ecclesiastical function throughout the colonial period. With the disestablishment of the Anglican church after the American Revolution and the rise of other religious denominations, the record-keeping process for vital statistics fell more and more to the individual family. By the mid-nineteenth century, however, medical science began to recognize the advantages of accurate birth and mortality information in controlling and treating communicable diseases. Pressure from local and national health organizations and medical professionals resulted in the passage of vital statistics registration laws. Virginia was one of the earliest states to pass such a law.

A law requiring the systematic statewide recording of births and deaths was passed by the General Assembly on April 11 1853. Every commissioner of revenue registered births and deaths in his district annually, at the same time personal property subject to taxation was ascertained. The commissioner recorded births and deaths that had occurred prior to 31 December of the preceding year and returned the record to the clerk of court by 1 June. Information was obtained from heads of family, physicians, surgeons, or coroners. The law imposed penalties for failing to furnish or collect the information.

The clerk of court in each locality entered the information supplied by the commissioner into registers and prepared an accompanying alphabetical index. A copy of each register was forwarded to the Auditor of Public Accounts. The law went into effect on 1 July 1853, and continued until 1896, when an economy-conscious legislature repealed the recording provisions.

There was no statewide recording of births and deaths between 1896 and 1912. Several metropolitan areas continued to keep records of births and deaths for all or part of the period between 1896 and 1912. Systematic statewide registration began again in June 1912.

From the guide to the Caroline County (Va.) Birth and Death Records, 1912-1918, (The Library of Virginia)

Caroline County was named for Caroline of Anspach, consort of George II. It was formed from Essex, King and Queen, and King William Counties in 1728, and additional parts of King and Queen were added later.

Most loose records and deed books prior to 1836 and will books prior to 1853 were stolen, mutilated, and/or destroyed by Union troops who ransacked the courthouse in May 1864. A near-complete run of order books exists.

This record was replevined by the Library of Virginia following the trial entitled Commonwealth of Virginia vs. Larry I. Vass heard in Henrico County Circuit Court in November 1972.

From the guide to the Caroline County (Va.) Court Record, 1829, (The Library of Virginia)