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Ask Us
Issue 2-3-2003
Help! The marriage dates in the extracted record don't agree with the dates I
have from the Family Bible. Which date is right?
To discover the answer look to the source of the extracted record. If the date
was extracted from a marriage bann, bond, license, declaration of intention,
contract, or consent affidavit, chances are it was not the actual date of the
marriage. If the date was extracted from a marriage certificate, announcement,
ledger, family Bible, or minister return, the chances are good that the date is
the actual date of the marriage ceremony.
The following is a list of the types of documents from which a marriage date may
have been extracted and a description of each. Learning about the types of
documents from which a marriage date can be obtained will help you determine
the chances of the date being the actual marriage date.
- 1. Marriage Banns - Banns are church public notices or announcements of a couple's intention to be married in the church. It was required that a
marriage bann be posted and announced for three consecutive Sundays in the
church to which the couple were members. Banns were also required to be posted
in a public place. Some of the earliest Marriage records in the United States,
as well as in other countries, will be found in church records in the form of
Church Banns. Posting a bann allowed the couple to marry without the
requirement of obtaining a license or reporting the marriage to the civil
authorities. In the US, Quakers and members of other churches where banns were
used were exempt from marriage license laws until well into the 1900s. Banns
are still a requirement for marriage in
England, France and some other
countries. In the U.S. after a Bann had been posted, if anyone objected to the
marriage, they had 3 weeks to make it known. The most common reason for requiring
the posting of a Bann was to allow for the discovery of a previous marriage that
had not been legally terminated.
- 2. Marriage Bonds - In early colonial times, pioneer frontier areas,
and prior to the 1900s in the Southern states, bonds were required to be posted
before a marriage license could be issued. Because of the scarcity of ministers,
couples wanting to be married by license went to the county court clerk and
posted a bond with security, usually between 100 and 150 dollars, that there
was no lawful reason that the marriage could not be lawfully performed. The
bondsman had to be "able and known" and was usually a relative of the groom. The
bond was filed in the county where the marriage was to take place. If some
cause was discovered which would make the proposed marriage null, the person
posting the bond paid the money to the county clerk. No money changed hands at
the time the bond was issued. The posting of bonds was more prevalent in the
South and was meant to protect the bride in the event that the groom was found to be
already married. The marriage often took place within a few days of the posting
of the bond and an annotation of the marriage date usually was made to the bond
after the ceremony.
- 3. Declarations of Intent - This was the civil announcement of the
couple's intention to be married. It was filed with the town or county clerk
and then posted in a public place for a certain length of time before the
marriage could take place. Used in Colonial times, it was for the purpose of
allowing others the opportunity to object to the marriage.
- 4. Consent Affidavits - Some states required a parent or guardian to
give permission if an underaged individual wanted to get married. The Consent
Affidavit had to be submitted to the town or county clerk before a marriage
license could be issued. These affidavits usually contained the name of the
person giving permission and their relationship to the individual wanting to be
married. These are more often found in the South and in frontier areas where
marrying at an early age was encouraged. As a side note: if the mother is the
one giving permission, it usually means the father is dead.
- 5. Marriage Contracts - These legal contracts were for the purpose of
protecting the assets of those who were planning to be married. For instance,
wealthy individuals concerned about the disposition of their assets under the
conditions of death or divorce would want to protect their assets with a
marriage contract. Or a widow would use a marriage contract to assure that her
assets would be fairly distributed to her children from her first marriage
should she die, and that the assets wouldn't become solely the property of her
new husband. Being legal contracts you will find these documents filed with the
courts of the jurisdiction in which the couple were married.
- 6. Marriage Licenses - After the Civil War these became the most common
marriage record. The marriage license was a legal means of avoiding the
posting of banns and intentions. Marriage licenses had to be issued by the
proper authority prior to the wedding ceremony and were returned to the issuer
after the wedding was performed. The marriage license does not prove a marriage
occurred.
- 7. Marriage Certificates - Some jurisdictions and churches gave
marriage certificates to couples after the marriage had been performed. These
were usually intended for the couple to frame or display.
- 8. Marriage Ledger - After the marriage ceremony was completed the
signed license was returned to the clerk for recording. The date and the name
of the official who performed the marriage was recorded in a marriage ledger.
- 9. Newspaper Announcement - Newspaper engagement announcements were
published in the newspaper before the marriage took place. In earlier times
newspaper marriage announcements were often made and included many details about
the couple themselves and the family members participating in the wedding.
- 10. Minister Returns and Marriage Registers - Circuit religious
ministers and justices of the peace were required by colonial and state
municipalities to "return" a signed and dated statement for each couple they had
married. The marriage return stated the exact date of the marriage and
frequently was written on the back of the marriage license itself. Often these
slips of paper were lost or simply not returned by the minister or justice of the
peace. The returns were recorded in the Marriage Register.
Marriage records often have mistakes in them. It is good advice to find other
evidence confirming the facts gleaned from a marriage document. It is not
unusual for names to be misspelled or for a couple to make false statements in
order to hide something that would be an obstacle to their marriage. If you
have the name of the officiating person, try to trace them to a religious
institution where more records may be found.
Extractions of marriage records may not contain all of the information that is
on the actual document. It is wise to send for a photocopy of the marriage
document to determine what other information you can get from it.
The MyTrees.com site has
added numerous marriage records to their extraction database. To see the
listings of the records go to the
MyTrees.com homepage
and click the region for which you would like to see extracted records.
Other possible sources of marriage information included are religious records,
widow's pension applications, family Bibles, census records, and city
directories.
Copyright ©: 2011 Cindy Carman. All rights reserved.
No reproduction of this article may be used without the express written
permission of the author.
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