Ever wonder why a marriage record for your ancestors couldn't be found?
In 1777 the
General Assembly of Maryland required marriage licenses to be obtained from the
clerk of the county court. As specified by the law ministers returned lists of
those married to the Treasurer of the Western Shore or Treasurer of the Eastern
Shore. Many of these returns are available in the Maryland State Papers at the
Maryland State Archives.
The 1777 law
applied only to the marriage of white citizens. Not until 1867 did the marriage
laws apply to African Americans. In addition, the publication of banns on three
Sundays in the county where the female resided could be used in lieu of a
license. Quakers could marry without a license in accordance with their
practices.
In 1865 Maryland
required the recording of births, deaths, and marriages at the county level,
with further reporting to the Secretary of the Senate. The marriage records
created under the 1865 law contain the date of the license; age, race,
residence, occupation, and marital status of the bride and groom; date and
place of marriage; and name, title, and residence of the minister.
The 1865 law did
not require everyone to be licensed. As before, only whites were subject to the
law. Specific provisions for African Americans were enacted in 1867 and allowed
them to register proof of marriage prior to that date with the court clerks. Quakers
and those having banns announced in a church remained exempt from the license
law.
This situation
changed when an 1886 law required signed applications for marriage licenses.
The law specified that marriage application records contain name, residence,
age, race, occupation, and marital status of each party; date of the
application, sometimes date of the license and marriage; consent of the parents
or guardians of minors; and signature of the applicant.
An 1890 law
provided for the recording of marriages done by banns by requiring the
ministers to file a certificate with the court clerk who would record the
information.
Marriages by
banns prior to 1890 can be found only in church records. The provisions for
marriage by banns were repealed in 1941 and replaced with a requirement that
all individuals obtain licenses.
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