Known all men by these present that we Peter Skaggs & William
Leister (Lester) are held firmly bound unto the Governor of Virginia
for the time being and his (this) Successors the sum of L 4.50
current money to ________ which payment ______ truly to be made we
bind ourselves _______heirs ____ jointly severally firmly by these
presents seal with our seals _______ this 24th day of June 1788.
The condition of this obligation is such that whereas the above
bound Peter Skaggs hath this day _________ his marriage with Marthey
Cohun being of their reprise be no just cause to obstruct this
marriage then this obligation to be void or else to remain in full
force.
Wm Lester Peter (x) Scags (Seal)
Wm. Trigg (his mark)
So William Lester provided bond for this marriage. Peter and William Trigg signed with a mark, so they couldn't write or likely spell their names or anyone else's for that matter. So name spellings were done by the clerk based on the spoken name. That's why we can't take spelling too seriously, how the name sounds is more important. Thus Scaggs = Skaggs, Cathon may = Gothrin, etc.
The first Virginia law requiring marriage bonds was enacted in 1660-61 requiring the prospective groom to give bond at the court house in the bride's county of residence. The bond was pledged, with two or more sufficient securities (or witnesses), but no money was exchanged. A license was then prepared by the clerk and presented to the minister who performed the ceremony. This practice was discontinued in 1849, although in some communities bonds were pledged into the 1850s. Bonding 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—for example, if the bride or groom was already married, or was underage and lacked approval to wed.
The thing to remember with marriage bonds is that even though the groom was required to give bond, the bond could be pledged by anyone and was frequently provided by members of the bride's family on behalf of the groom. For example, Peter Scaggs himself provided for security in his daughter Nancy's marriage to Miles Terry in 1812. In the case of Peter's marriage to Martha, I don't believe William Lester, who provided security, or William Trigg, a witness, were either directly related to either the bride or groom.
The following marriage record was also found:
June 24, 1788, Marriage Book A, Page25, , Peter Scaggs married Marthey
Cothron; William Leister Witness
®Montgomery CO. VA, Christianburg Courthouse, copied from Archives of VA.
Question 1: Does the absence of direct relatives of Peter or Martha in either posting bond, providing witness or granting permission give us an indication that Peter and Martha may have had no direct living relatives?
Prior to 1780 marriages could only be performed legally in Virginia by ministers of the Church The thing to remember with marriage bonds is that even though the groom was required to give bond, the bond could be pledged by anyone and was frequently provided by members of the bride's family on behalf of the groom. For example, Peter Scaggs himself provided for security in his daughter Nancy's marriage to Miles Terry in 1812. In the case of Peter's marriage to Martha, I don't believe William Lester, who provided security, or William Trigg, a witness, were either directly related to either the bride or groom.
The following marriage record was also found:
June 24, 1788, Marriage Book A, Page25, , Peter Scaggs married Marthey
Cothron; William Leister Witness
®Montgomery CO. VA, Christianburg Courthouse, copied from Archives of VA.
Question 1: Does the absence of direct relatives of Peter or Martha in either posting bond, providing witness or granting permission give us an indication that Peter and Martha may have had no direct living relatives?
of England, who were required to record marriages in the parish register. After 1780, dissenting ministers were also permitted to conduct marriages. 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; beginning in 1784, marriage certificates were returned annually. The law was rarely enforced, and ministers’ returns were sometimes late, incorrect, incomplete, or, in many instances, not made at all. County clerks compiled a register of marriages based, in part, on ministers’ returns.
There is a ministers return from Rev. Richard Whitt dated February 21, 1788 that contains the names of Peter Skaggs and Martha Cathon.
Question 2: Does the apparent lack of required parental consent for the marriage of Peter and Martha indicate that Martha was at least reasonably close to the legal age of marriage?
I have a poor copy of the marriage bond but it appears Martha's name is written "Marthey Cohune" with an "e" on the end of her last name. The reason I raise this point is that I have seen Calhoun written as Cohune.
ReplyDeleteI haven't seen the minister's return. Have you? Could it have another miss spelling of Calhoun?
Judy Skaggs Salyer wrote a post to the Rootsweb Skaggs list: "I am looking at a copy of the Minister Returns list started 21 Feb.1788 and Mary Kegley's book also writes her name MARTHA CATHON and Peter SKAGGS."
Deletehttp://newsarch.rootsweb.com/th/read/SKAGGS/1998-09/0905912224
Is it possible that this William Leister (Lester) who signed as a witness to Peter/Martha's marriage could have been Rachel Skaggs/Bishop husband, William Calvin Lester ?
ReplyDeleteYes, most researchers believe that the William Leister who was bondsman for Peter Skaggs' marriage was Rachel Skaggs' husband. Usually the bondsman was related to the bride, less frequently to the groom, however William Lester was related to neither. If Rachel Skaggs and Old Peter Skaggs were siblings, then William Lester making bond for Peter's marriage would make some sense.
DeleteThanks for the verification. Trying to make some logical sense is the goal. My next question does not pertain to Peter and Martha's marriage, but their adventurous motive to leave family/friends of Virginia for the unknown. The 1810/1820 census of Floyd Co. Kentucky lists a Abner Luster/Lester. Could this be the father of William Calvin Lester and father-in-law of Rachel Skaggs ?
DeleteYes, Abner Lester is in the part of Floyd County that becomes Pike County next door to his daughter Sarah and her husband William King. William King was administrator of Abner Lester's estate.
DeleteI am this couple's great-great-great grandson, and I would like to say that you forgot to mention that Martha Co-somthing was Cherokee Native American. My grandfather told about his grandmother(their daughter) being "half-Indian," and we recently figured out that Martha was the Native American half(Cherokee). Thanks for reading.
ReplyDeleteThere's a post on this site discussing this legend of Martha being Cherokee Indian.
Deletehttp://oldpeterskaggs.blogspot.ca/2014/08/dna-testing-old-peter-and-martha-were.html
The challenge to that legend is that modern DNA testing of her descendants has not shown any Native American heritage.
Any thoughts on William Trigg who witnessed Peter/Martha's marriage on June 24, 1788 ? Could he be the Col. William Trigg who was brother of Capt. Daniel Trigg who was Peter's neighbor in the 1790 census of Montgomery Co. Virginia ?
ReplyDeleteYes, I believe William Trigg was this guy...
Deletehttps://www.geni.com/people/Col-William-Trigg-Jr/6000000001957345548
I think William Trigg was Justice of the Peace in Montgomery County and that's why his name was on Old Peter's marriage certificate.
This comment has been removed by the author.
ReplyDeleteInteresting....! VA. military militia influences such as William, Abram, and Daniel Trigg. Along with Veterans and military leaders such as John Bell, William Lawson, Israel Lorton, Abner Lester, James McCorkle, Archibald Thompson and John Bishop(husband to Ruth Skaggs Bishop). All the above of whom are Peter Skaggs immediate neighbors from 1788-1790, as well as Peter's family of Skaggs military experience and influence, (John, Zachariah, Charles, Henry, ect...). In addition to the known 1787 militia muster meetings for Montgomery Co, Va. (found in 1790 tax list page 28) and the 1789 (tax list C) that suggest that commissioner Byrd Smith district C is overseen by Captains Pearis, Burk, Preston, Inglis, Lorton, Isham, Patton, and Mairs. I have stated all the above to say....It would be very difficult for me to believe that Old Peter Skaggs was not a participant in the Montgomery Co. Va. militia unless of course he was not a citizen of Montgomery Co. prior to 1788.
ReplyDeleteI'm not sure if the Montgomery militia records are extant for the post-Revolutionary period. That's a good question for the Library of Virginia. Old Peter may have been a prisoner of the Indians at Chickamauga with Ruth Elkins 1775-1779. 1780-81 he may not have been 21 yet and the war was basically over for that part of Virginia after Cornwallis surrendered at Yorktown. So Old Peter may never had opportunity to be in the militia. And typically your name didn't show up on tax records until you were 21 and established an independent household by marriage, parental deaths or buying your own property. In 1787 Old Peter could have been living with an older relative and been taxed under that relative's name as a male 21+ or a male 16-20.
DeleteConfused...I don't understand how or why Rev. Richard Whitt ministers return dated Feb 21, 1788 that has the names listed of Peter Skaggs and Martha Cathon, when they (Peter/Martha) did not get married until June 24, 1788. Help ?
ReplyDeleteIt must have been the start date for the marriages on the list.
Delete