Teaching American History in Maryland - Documents for the Classroom - Maryland State Archives



	'Til Death Do Us Part: Maryland Marriage Laws, 1640-1900 Introduction This document packet traces the evolution of selected marriage laws in Maryland through the nineteenth century. National History Standards Materials compiled in this document can be used by educators to fulfill the following National History Standards for Grades 5-12: Era 2: Colonization and Settlement (1585-1763) Standard 2: How political, religious, and social institutions emerged in the English colonies Standard 2A: The student understands the roots of representative government and how political rights were defined. 5-12: Compare how early colonies were established and governed. [Compare and contrast differing sets of ideas] 9-12: Analyze how gender, property ownership, religion, and legal status affected political rights. [Analyze cause-and-effect relationships] Standard 2C: The student understands social and cultural change in British America. 5-12: Explain how and why family and community life differed in various regions of colonial North America. [Consider multiple perspectives] 9-12: Analyze women's property rights before and after marriage in the colonial period. [Interrogate historical data] Primary Resources DESCRIPTION: Chapter 7, Laws of 1640: An ACT touching marriages CREATED/PUBLISHED: 1640 NOTES: Marriage was allowed only after publication of banns three times; or oath was made at the county court that neither part was an apprentice, etc., related, or under government of parents and a certificate was issued by the County Court of such oath. SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 7, Laws of 1658: An ACT for the publication of marriages CREATED/PUBLISHED: 1658 NOTES: Marriage could be performed by either a minister or magistrate SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 5, Laws of 1662: An ACT for the publication of marriages CREATED/PUBLISHED: 1662 NOTES: Marriage allowed three weeks after publication at Church, County Court or meeting house, or by particular license from Lt. Governor or Chief Governor. Two witnesses to the marriage required. SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 16, Laws of 1662: An ACT imposing a fee on them who shall be married CREATED/PUBLISHED: 1662 NOTES: Pastors or magistrates permitted to charge 100 pounds tobacco as fee for marriage SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 30, Laws of 1664: An ACT concerning Negroes and other slaves CREATED/PUBLISHED: 1664 NOTES: Marriage forbidden between white women and Negro slaves SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 25, Laws of 1666: An additional ACT to the law entitled an ACT for the publication of marriages CREATED/PUBLISHED: 1666 NOTES: Marriage vows set forth SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 6, Laws of 1676: An ACT for the publication of marriages CREATED/PUBLISHED: 1676 NOTES: Particular license could also be issued by the Lord Proprietor. Five witnesses to the marriage required. SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 4, Laws of 1681: An ACT concerning Negro Slaves CREATED/PUBLISHED: 1681 NOTES: Anyone who consents to allow their freeborn English or white women servants to marry any slave shall claim to the servitude of that woman. SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 14, Laws of 1692: An ACT for the publication of marriages CREATED/PUBLISHED: 1692 SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 79, Laws of 1692: An ACT concerning Negro Slaves CREATED/PUBLISHED: 1692 SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 12, Laws of 1694: An additional ACT to the Act of Religion CREATED/PUBLISHED: 1694 NOTES: Marriage allowed only according to the Table of Marriages of the Church of England. See also Chapter 1, Laws of 1695. SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 1, Laws of 1700: An ACT for the service of Almighty God and establishment of religion in this province according to the Church of England CREATED/PUBLISHED: 1700 NOTES: No justice or magistrate could perform marriages if a minister was available SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 72, Laws of 1704: An ACT for publication of marriages CREATED/PUBLISHED: 1704 NOTES: Particular license could be issued by the Governor "for the time being." SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 15, Laws of 1717: An ACT for the publication of marriages, and to prevent unlawful marriages CREATED/PUBLISHED: 1717 NOTES: Publication of intention to marry made according to Rubrick of Church of England. If Parish had no official, advertisement to be set up at Courthouse door and remain there at least three weeks. Clerk of the court then to issue certificate. After publication or certificate any minister could perform marriage according to the Liturgy of the Church of England. Particular license also allowed from Governor "For the time being." Unlawful to be married outside Maryland unless woman resident of the place where the marriage took place. Non-Anglican excepted and their "proceedings in marriage may entirely remain unaltered by this act..." SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 12, Laws of 1777: An ACT concerning marriages CREATED/PUBLISHED: 1777 NOTES: Set forth table of Degree of Kindred and Affinity within which marriage not allowed. Marriage allowed only by religious official. Marriage allowed only after license from county court or publication of banns. Provision against marriage outside of Maryland continued. Every Church had to be registered in county court or not esteemed for publication of banns. Marriage without parental consent forbidden for males under 21 and females under 16 and not before married. Form of license set forth. Quakers allowed to marry according to their own practice. SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 35, laws of 1786: An ACT to repeal part of the act concerning marriages CREATED/PUBLISHED: 1786 NOTES: Degrees of Kindred altered SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 20, Laws of 1790: An ACT to repeal so much of the act concerning marriages, as is therein mentioned CREATED/PUBLISHED: 1790 NOTES: Degrees of Kindred altered SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 271, Laws of 1860: An ACT to add a section to article fifty-nine of the code of public general laws, relating to marriages CREATED/PUBLISHED: 1860 NOTES: Degrees of Kindred altered SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Constitution of Maryland, Article III - legislative department CREATED/PUBLISHED: 1864 NOTES: Constitution of 1864 allowed civil marriage if the parties were prevented by "conscientious scruples from being married by any of the existing provisions of law." SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 130, Laws of 1865: An ACT to provide for the registration of births, marriages and deaths CREATED/PUBLISHED: 1865 NOTES: Marriages to be recorded by county clerk in book. Ministers required to send in record of marriage. SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 423, Laws of 1867: An ACT entitled "An Act to amend article sixty of the code of public general laws entitled "Licenses," by adding thereto additional sections, relating to marriages of people of color CREATED/PUBLISHED: 1867 NOTES: Marriage between Negroes prior to 1867 made valid if they could produce proof. Certificate of such marriage filed with Circuit Court. Such marriages made subsequent to 1867 must have a license. SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 357, Laws of 1882: AN ACT to repeal chapter one hundred and thirty of the acts of the General Assembly of Maryland, passed at the January session of the year eighteen hundred and sixty-five, entitled "An act to provide for the registration of Births, Marriages and Deaths," and also to repeal chapter one hundred and two of the acts of General Assembly of Maryland, passed at the January session of the year eighteen hundred and sixty-six, amending said act, and to re-enact the same under the following title, to wit: "An act to provide for the Registration of Marriages." CREATED/PUBLISHED: 1882 NOTES: Ministers must give marriage return within 6 months. SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 264, Laws of 1884: AN ACT to amend article thirty of the Code of Public General Laws, title " Crimes and Punishments," sub-title " Marrying Unlawfully," by adding thereto an additional section forbidding marriages between white persons and persons of negro descent to the third generation, to be known and distinguished as section one hundred and thirty-three A. CREATED/PUBLISHED: 1884 NOTES: Marriages between whites and Negroes or people of Negro descent to third generation inclusive forbidden. SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 497, Laws of 1886: AN ACT to repeal sections four, five, six, seven and eight of article sixty of the Code of Public General Laws, entitled " Marriages," as amended by chapter forty-two of the acts passed at the January session, eighteen hundred and sixty-eight, and to re-enact said sections amended with additional sections thereto. CREATED/PUBLISHED: 1886 NOTES: Marriage certificates to be affixed to license and returned by minister within 30 days. SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives DESCRIPTION: Chapter 465, Laws of 1890: An ACT to add additional sections to article sixty-two, of code of public general laws.... CREATED/PUBLISHED: 1890 NOTES: Ministers to return certificate when marriage by publication of banns within 60 days. Clerk to record such marriages in special book. SOURCE: Archives of Maryland Online REPOSITORY: Maryland State Archives Additional Media Resources Married Women's Property Laws. From the Library of Congress Additional Instructional Resources Women's Lives Before the Civil War Secondary Resources Carr, Lois Green and Lorena S. Walsh. "The Planter's Wife: The Experience of White Women in Seventeen-Century Maryland" The William and Mary Quarterly, 3rd Ser., Vol. 34, No. 4. (Oct., 1977), pp. 542-571. Cott, Nancy F. "Marriage and Women's Citizenship in the United States, 1830-1934" The American Historical Review, Vol. 103, No. 5. (Dec., 1998), pp. 1440-1474. Copyright and Other Restrictions Access to materials linked within these document packets is intended for educational and research purposes. The written permission of the copyright owners and/or holders of other rights (such as publicity and privacy rights) is required for distribution, reproduction, or other use beyond that allowed by fair use or other statutory exemptions. 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Credits Teaching American History in Maryland is a collaborative partnership of the Maryland State Archives and the Center for History Education (CHE), University of Maryland Baltimore County (UMBC), and the following sponsoring school systems: Anne Arundel County Public Schools, Baltimore City Public School System, Baltimore County Public Schools, and Howard County Public Schools. Other program partners include the Martha Ross Center for Oral History, Maryland Historical Society, State Library Resource Center/Enoch Pratt Free Library, with assistance from the National Archives and Records Administration and the Library of Congress. The program is funded through grants from the U.S. Department of Education. This document packet was researched and developed by Nancy Bramucci.
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