[The following analysis of marriage records was found in a file. The author is unknown.]
Introduction
On January 20, 1882 the House of Delegates received a most interesting petition, signed by nine citizens, asking for repeal of the charge of $4.50 for a marriage license:
In short, matrimony is the foundation for all society and the bulwark of our country; and that any law, or semblance of a law that paralyzes it, is monstrous in its conception, and harsh and oppressive in its execution, and should be abolished.
Therefore, we pray your honorable bodies to repeal the law as it stands on the statute books, and enact one, giving free license to all who desire to enter the holy bonds of wedlock.
Colonial Marriage Records
From 1640 to 1776 the General Assembly enacted over a dozen laws regulating marriages and the recording of them. These acts concerned the freedom of the individual to contract marriage, the publication of intention to wed, and the identity of the person performing the ceremony. Also governed by law were the liturgy used in the ceremony, race and relationship of the parties, and recording of the ceremony.
Beginning in 1640 the province of Maryland required the bride and groom to take an oath before the county court that they were not apprenticed or under the governance of a parent or guardian. A 1664 law prohibited marriage between white women and black men. This act remained in effect for over 300 years, finally being repealed in 1967.
Beginning in 1666 the traditional marriage vows of the Anglican church were required by law. This law prescribed proper notice of intention to wed before the ceremony could occur. The county court issued certificates stating that the required notice had been heard or posted, usually three weeks before the wedding. The Governor and Council could make special dispensation rescinding the waiting period.
The first act for the recording of births, marriages, and burials passed in 1650 (revised in 1654, 1658, 1678, and 1692). County clerks were required to record these events in registers and charge a fee of five pounds of tobacco. The 1678 act exempted blacks, Indians, and mulattos, unless after 1692 their mothers were white women. Only a few records, available at the Archives, are extant today: Charles County, 1654-1706; Kent County, 1675-1707; Somerset County, 1649-1720; and Talbot County, 1657-1691. A 1695 law, revised in 1696, transferred the recording of vital records to the vestries of the Protestant Episcopal parishes in the colony. The extant parish registers, available at the Archives, constitute the official marriage records during most of the colonial period.
Marriage Licenses
The General Assembly in 1777 required marriage licenses to be obtained from the clerk of the county court. The act defined kindred relationships forbidden to marry, stipulated a licensing fee (most of which went to the state), and required marriage by Christian clergy. Civil marriages were not permitted until 1963. 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, 1777-1804, available in MARYLAND STATE PAPERS (Scharf Collection) [MSA S1005], are indexed in Robert Barnes' Maryland Marriages.
The 1777 law applied only to the marriage of white citizens. Not until 1867 did the marriage laws apply to blacks. 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.
Licenses generally are listed chronologically in record books, and sometimes include a sequential number assigned by the clerk. The date of the license, names of the two parties, and sometimes the ministers' name are recorded. No other information is given, and the license does not prove a marriage occurred. Often the record contains an accounting of the fees paid.
The Archives has (Marriage Licenses) in the original or on microfilm for the following jurisdictions: Allegany County, 1791-1865; Anne Arundel County, 1777-1886; Baltimore City, 1851-1886; Baltimore County, 1777-1851; Calvert County, 1867, 1881-1886; Caroline County, 1774-1886; Carroll County, 1837-1886; Cecil County, 1777-1886; Dorchester County, 1780-1886; Frederick County, 1779-1886; Harford County, 1782-1886; Howard County, 1840-1886; Kent County, 1796-1886; Montgomery County, 1798-1898; Prince George's County, 1777-1886; Queen Anne's County, 1817-1906; St. Mary's County, 1794-1864; Somerset County, 1796-1886; Talbot County, 1794-1867; Washington County, 1799-1886; and Worcester County, 1795-1890.
Marriage Records
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 secretary furnished standardized marriage record books to the court clerks. Persons officiating at marriages were required to return a copy of the license to the appropriate court clerk who would record the marriage date in the marriage record. Most clerks continued to maintain separate license books until 1886 when record keeping was again revised. A few clerks retained use of license books even later than that.
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. Records after 1886 exclude the minister's title and residence. Entries usually are arranged alphabetically by the first letter of the male's surname and then chronologically.
A duplicate set of records for several jurisdictions exists because the clerks were required to file copies with the Secretary of the Senate. Compliance was poor and ceased completely after 1867. An 1882 law eliminated the state filing until 1914 when an act provided that clerks file marriage and divorce information with the Bureau of Vital Records.
The 1865 law did not require everyone to be licensed. As before only whites were subject to the law. Specific provisions for blacks 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.
The Archives has (Marriage Records) in the original or on microfilm for the following jurisdictions: Allegany County, 1865-1914; Anne Arundel County, 1865-1990; Baltimore City, 1865-1919; Baltimore County, 1865-1956; Calvert County, 1882-1958; Caroline County, 1886-1928; Carroll County, 1865-1914; Cecil County, 1886-1928, 1984-1994; Charles County, 1865-1921; Dorchester County, 1886-1941; Frederick County, 1865-1975; Garrett County, 1873-1957; Howard County, 1865-1916, 1938-1992; Kent County, 1865-1952; Montgomery County, 1939-1989; Prince George's County, 1865-1923; Queen Anne's County, 1865-1927; St. Mary's County, 1865-1960; Somerset County, 1866-1963; Washington County, 1865-1915; Wicomico County, 1868-1981; and Worcester County, 1866-1917.
Marriage License Applications
An 1886 law required signed applications for marriage licenses. It also restricted marriage to males over age twenty-one and females over sixteen, later changed to twenty-one and eighteen and then eighteen and sixteen. After 1939 pregnant females, and after 1949 putative fathers over age sixteen, could obtain licenses without parental consent. In 1937 a waiting period of two days was added.
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. For some unknown reason the law was not applied in Baltimore City where the records include only the names of the parties, date of application, and signature of the applicant, all of which is written in pencil. Entries in the county and city records are arranged chronologically by date of application.
The Archives has (Marriage License Applications) in the original or on microfilm for the following jurisdictions: Baltimore City, 1886-1935; Baltimore County, 1886-1896; Calvert County, 1886-1953; Cecil County, 1978-1979; Charles County, 1886-1935; Dorchester County, 1886-1951; Frederick County, 1938-1941; Howard County, 1886-1919; Montgomery County, 1886-1962; Prince George's County, 1886-1975; Queen Anne's County, 1908-1926; St. Mary's County, 1886-1976; Somerset County, 1886-1938; Talbot County, 1897-1965; and Worcester County, 1886-1900.
Marriages by Banns
From the time marriage licenses were first required in 1777, Maryland allowed individuals to marry without a license if public notice was given at a church on three Sundays prior to the wedding, a process known as publication of banns. An 1890 law provided for the recordation of these marriages by requiring the ministers to file a certificate with the court clerk who would record the information. The records include the date and place of marriage, names of the parties and minister, and name of the church. Entries are arranged alphabetically by the first letter of the male's surname and then chronologically. 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.
The Archives has (Marriages by Banns) in the original or on microfilm for the following jurisdictions: Baltimore City, 1890-1941, and Charles County, 1905-1941.
REFERENCE REPORT
In August several researchers were looking for materials concerning the social history of Baltimore, Annapolis, Chestertown, and Rock Hall. Other local studies included Bethesda, Lansdowne, and old Eastport. Political topics pertained to working class politics in Baltimore in 1940 to 1980, the 1968 presidential election, U.S. Bill of Rights, and religious freedom in colonial Maryland. Maritime studies included the voyage of the Ark and Dove and life boat stations on the east coast. Religious topics concerned the Society of Friends, Elijah Methodist Church in Poolesville, and First Presbyterian Church in Annapolis. Studies in education involved high schools in Anne Arundel County and St. Timothys School in Catonsville.
Structural interests were pursued in the research on architecture in Carroll County, inns and colonial homes, and concrete beam bridges in Maryland. Other topics included mosquito control, slaves of Charles Carroll of Carrollton and other family members, land use changes in Baltimore, Howard, and Anne Arundel counties, and history of court reporting in Maryland.
The search room remained active in August with total circulation up 7.7%, 11,103 compared to 10,310 last year. Use of original materials climbed 15.5%, 2947 compared to 2551. Microfilm circulation rose 7.3%, 6959 compared to 6483. Library usage decreased 6.2%, 1197 compared to 1276. The total number of researchers remained relatively unchanged, 1558 compared to 1563 in August 1994. The same was true for returning patrons, 1085 compared to 1083. The number of new researchers declined 1.5%, 473 compared to 480. For both years each researcher used an average of seven records per visit.
Requests for copies from original records declined 35.6% in August, $1736.25 compared to $2696.56. As usual income from the reader printers jumped substantially, rising 198.8%, $1511.00 compared to $505.75.
Following a long standing pattern, phone reference activity continued to expand. The number of calls in August increased 30.8%, 1304 compared to 997 last year. The average per day rose from 43 to 57. On the 9th a record number of 83 calls were handled.
STAFF ACTIVITIES
Welcome to two new babies: Rona gave birth to Chynnia Seirra Bell on August 3, weighing 9 lb. 15.6 oz, and Leanda gave birth to Anayah Ramia Upchurch on September 24, weighing 8 lb. 3 oz. On Tuesday, September 12, we said goodbye and good luck to Kris Lucas who is moving to Pennsylvania to get married. She will be working at the Pennsylvania State Archives.
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