February 2025 – Deep Dive into Marriage Records

This month, we took a deep dive into German church records for marriage – why do they look like they do, how they change over time, and how they vary from place to place. There are actually two aspects of these records that we’ll be considering –

• The rules for what gets written in the church register and by whom
• The rules and guidelines for the church rite itself

These rules and guidelines can be found in books that deal with Kirchenrecht, or canon law. It is important to remember that, unlike in America where we have separation of church and state, there was no such separation in the German political entities, so some of these rules may have been dictated by the state, and others by the church.

For this series, we’ll be looking at information from Baden, Hessen, and Sachsen, using the following volumes (which are all available on Google Books):

• Versuch eines badischen evangelisch-lutherischen Kirchenrechts, 1806
• Praktisches Evangelisches Kirchenrecht, mit besonderer Hinsicht auf Sachsen, Preußen und andere evangelische Länder, 1826
• Kirchenrecht der evangelischen Kirche des Herzogthums Hessen, 1884

These are all written in the old Fraktur script, but Google gives you the option to view a plain text version of the pages. You can put that plain text into a translator.

Brief History of Marriage

• Late Middle Ages
  • Bride was expected to bring a suitable dowry (Heiratsgut)
  • Groom brought Morgengabe or bride gift, such as livestock or land, which became the bride’s property
  • Bride’s family paid a fee to lord of the manor (higher fee if bride moved away)
• Originally, Verlobung was equivalent to marriage; after early 1700s, was viewed as an agreement to marry at some time in the future
• Betrothal Documents (not part of religious ordinances)
  • Negotiated by bride and groom and their representatives
  • Especially important in second (third, etc.) marriages to protect heirs from previous marriages
  • Detailed real and personal property of each partner, and its disposition upon the death of a spouse
  • Inventarium (Inventur) – detailed list of possessions of bride and groom, divided into Heiratsgut (endowment from parents) and Eigenes (personal possessions)Liegenschaft – land, houses, barns
  • Fahrnis – moveable property, cash, debts
  • Teilung – death inventory detailing allocation of assets

Marriage Entries in the Church Register – Baden

• General form – Single persons, i.e., those who have not engaged in premarital relations (those born from a legitimate marriage are referred to as legitimate), will be recorded according to the moments outlined in the marriage reports § 488, lit. b., and the corresponding marriage certificates. Additionally, the date of the wedding day must be noted, as shown in the form.
• In case of premarital relations – For young married couples who have previously engaged in fornication (§ 303), a note is made in the margin: “premarital relations,” but this does not appear in any extract of the record.
• Entries for people married elsewhere – when an engaged couple is not married either in the parish of the groom or the parish of the bride, but rather outside of the proper parish, then the pastor must enter in his own register when the couple produces the marriage certificate created by the pastor who married them.

• Verlöbniß = engagement, betrothal
• Minor children cannot become engaged without parental or guardian permission
• Parents or guardians cannot force a child to become engaged against their will
• Parents or guardians should not prevent their children from marrying for an undue length of time without significant legal reasons; guardians should not prevent engagements for selfish reasons
• A guardian cannot marry his ward during the time he is acting as her guardian, without permission.
• Parents cannot make their children swear an oath never to marry a given person.
• The engaged couple must have permission of both parents, or grandparents, or guardians to marry.
• The declaration of consent must contain a specific promise to marry; declarations of love or faithfulness, or a ring are insufficient without such a promise.
• Impediments to marriage (temporary or permanent) include:
  • No man can marry before age 25 and no woman before age 18 without dispensation  (also valid for Jews and Anabaptists)
  • If a man is 23 and a woman 17, but will be of legal age by the time they marry, then it will be easier to get a dispensation if there are no other concerns
  • No man can marry before age 20, or woman before age 15; no dispensation will be granted
  • All men are subject to military service until age 25, and must get permission to marry from the Kriegs Collegium
  • Two sons of schoolmasters are exempt from military service, all others must serve
  • If a proposed marriage does not take place, the dispensation becomes null and void
  • Journeymen cannot become citizens or masters before their Wanderjahre  are complete, neither can they receive dispensation for marriage
• Broken engagements
  • If both parties agree, there is a penalty for recklessness, but the separation is easy If only one party reneges
  • If any impediments exist, then the engagement was invalid, and the party is censored
  • For a valid engagement, if impediments are discovered after the engagement, it can be dissolved with cause
  • Without cause, the party will spend 8 days in the tower with a fine
  • If only one party reneges:
  • If believable causes exist, the engagement is dissolved, but the party is fined 1-5 Rthlr, or 1-6 days in the tower
  • When one party withdraws, they are obliged to compensate the other party
  • For citizens and farmers, between 20-100 fl.
  • For honorable citizens, compensation is calculated at 10% of assets up to 1000 fl, then 6% of any further assets
  • Marriage pledges must be returned by both parties
• Proclamations cannot be read during the so-called closed times without dispensation, ie.
  • Christmas week and the week before
  • Easter week and Holy Week
  • Pentecost week
• For mixed marriages, dispensation may be required if the churches have different closed times
• If the bride and groom are from different parishes, the proclamations will be made in both places
• Dispensation is required to reduce the number of proclamations from 3 to 2, and the couple must have been in the area for at least one year prior
• Dispensation for 1 proclamation requires a really good reason  and at least 1 year residence
• Dispensation without any proclamation is granted only under urgent circumstances, except for those who have made themselves unworthy of proclamation because of premarital relations
• In the case of only one proclamation, the marriage cannot take place on the same day, but rather at least 3 24-hour periods afterwards
• “If one of the betrothed parties has committed fornication with a third person, there is no reason to waive the proclamation, nor is there any difference in the nature of the proclamation, except in the omission of the term maiden, where this might otherwise occur.”
• After proclamations and dispensations, a marriage must be blessed by the church to be valid
• The engaged couple can decide for themselves whether to be married in the bride’s or the groom’s parish – unless both are in the same place, then local custom prevails
• This also applies if the bride and groom are of different religions
• Foreign workers who want to marry a [female] subject must marry in this country, not outside it
• Required for marriage in local parish(es):
  • The Ausrufschein (official certificate attesting to the lack of impediments to the marriage) – severe penalties incurred if proclamations or marriage takes place without this!
  • Certificate from the “other pastor” that proclamations have occurred according to relevant dispensations
  • Certificate from the “other pastor” that there are no impediments to the marriage
  • Official dispensation if the marriage is to take place outside both the bride’s and the groom’s parish(es)
  • The pastor who performed the marriage must present a certificate so that it can be recorded in the other parish
  • Soldiers are subject to the same rules for marriage outside the parish
  • “Mixed” marriages (i.e. between Catholics and Protestants) performed by one pastor gain civil validity
  • If a second marriage ceremony is requested for a mixed marriage, the other pastor must not refuse, and do this free of charge
• Reduction of expenditures
  • Wedding invitations by the couple or the schoolmaster are not allowed
  • The wedding celebration can last only one day, except for accommodating people who have come from far away
  • No more than 25 wedding guests are allowed
  • A wedding meal before the marriage, or other meal afterwards is not allowed
  • Festivities must end no later than 11 p.m.
  • A fine of 15 fl. will be assessed for breaking any of these rules
• Divorce
• Types –
  • Gänzliche Scheidung – total divorce
  • Scheidung zu Tisch und Bett – separation of households
  • Divorce can only be authorized by church officials
  • Separation can be granted for no more than a year at a time
  • The pastor must provide counseling to the separated couple
  • The dissolution of a marriage is to be announced to the parish from the pulpit

Marriage Entries in the Church Register – Hessen

Must contain –

1. Proof that a civil marriage has taken place
2. First and last names of the bride and groom
3. Status/occupation of the groom
4. Birthdays of the bride and groom, with year, month, day
5. Their religion, if not evangelical
6. Whether they are single or widowed
7. That proclamations were made
8. Name, occupation, and residence of the parents
9. Date of marriage with year, month, and day
10. Place of marriage (church or home)
11. Name, occupation, and residence of the witnesses
12. Relationship
13. Signature of the pastor
14. Dispensations are noted in the margin
15. Legitimized children are noted in the margin
16. Separation or divorce is noted in the margin

Marriage Guidelines in Hessen

• Preconditions for marriage –
  • Official evidence of civil marriage (fine of up to 300 Marks or 3 months prison without this)
• Legal age for marriage is 20 (21) years old for males and 16 (17) for females, with dispensation
  • Males under 26 and females under 25 require the father’s consent for marriage
  • If the father is deceased, or if the child is illegitimate, the mother (and guardian) must give consent
  • If both parents are deceased, the guardian must give consent
• Marriage is forbidden –
  • Between relatives in ascending and descending lines
  • Between full- and half-siblings
  • Between step-parents and step-children, and in-laws of any degree (ref. Leviticus 18)
  • Between individuals, one of whom has adopted the other as a child, as long as this legal relationship exists
  • Between a divorced person due to adultery and their accomplice (requires dispensation)
  • Before a previous marriage is ended, declared invalid or null
  • Women cannot marry until 10 months after a previous marriage; dispensation is required
  • Between a child and its guardian, or the guardian’s children, as long as the guardianship is in effect
  • Before 1875, between Christians and non-Christians
  • If a Protestant man agrees before marriage to have any children brought up in a non-Protestant religion
  • The state has authority to grant dispensations
• Civil Aufgebot recorded in the marriage register–
  • First and last name
  • Religion
  • Age
  • Occupation
  • Birthplace or residence of the bridal couple
  • First and last name, occupation, and residence of their parents and witnesses
  • Statement by the civil registrar
  • Signatures
• Aufgebot
  • Marriage can occur after one proclamation in the public church service, or in larger communities, notice attached to the church doors
  • The bridal couple may request proclamations to be read twice
  • Proclamations must be made in the parish of the bridal couple, or in two parishes if they don’t live in the same place
  • In the latter case, the pastor who does not perform the marriage must certify that the proclamation has been made (Dimissorialschein)
• “Closed times”
  • In the Protestant church, Holy Week (including Palm Sunday) is a time during which no marriage can be performed without dispensation
  • In the Catholic church, Advent through Epiphany as well as Lent are considered closed times
• Marriage ceremony –
  • The marriage must be performed by the responsible pastor, i.e. from one of the parishes to which the couple belongs
  • Marriage must take place in the church; dispensation is required for a home wedding
  • At least two witnesses must be present at the marriage ceremony
  • The service order for marriage must be followed:
  • God’s word about the sanctity of marriage
  • Marital questions
  • Prayers and blessing
• Pastor vs. Standesbeamter
  • The civil registrar must publish hours when he is available during the week (Sundays only for emergencies)
  • The civil registrar must avoid the appearance of anything that might imitate church customs
  • The civil registrar must immediately complete the marriage certificate
  • Pastors may examine the civil marriage register without charge
  • Pastors should encourage church ceremonies as soon as possible after civil marriage
• Stolgebühren aka Accidentien
  • Originally a donation to the pastor for services rendered, eventually became mandatory
  • Pastors cannot set fees for services
  • Pastors cannot receive fees before the service has taken place
  • Poor people should not be charged fees for services

Weinkäufliche Copulation

• • Peculiar to Hessen, has nothing to do with the purchase of wine, which is the literal translation of the term
  • Precondition for a legal engagement
  • Term derived from the German custom of reaching for a glass of wine after contracts have been concluded, particularly purchase contracts, and thereby sealing them
  • The pastor informed the engaged couple about the meaning of marriage, tested their knowledge of the Bible, and gave them his preliminary blessing if there was no reason why this marriage should not take place

General Rules for the Church Register – Sachsen etc.

• Just as with baptisms, proclamations and marriages are to be recorded in the church register
• The religion of the couple should be noted
• The marriage should be recorded where it happened as well as where it should have happened

Aufgebot or proclamations –

• Official public announcement from the pulpit that two people of each sex have agreed to marry each other
• Time for parents or relatives who are against the marriage to say so
• Time for anyone else to assert a legal claim to either of the engaged couple

Main conditions of the Aufgebot, to be asked by the pastor of the bride:

• What is the name of the groom? His parents or guardians?
• To what degree are they related? (dispensation required?)
• Do parents, grandparents, guardians give permission for the marriage? (required for anyone under 26)
• Was there a previous marriage commitment? (must first be legally severed)
• Was there a previous marriage? (requires certified death or divorce certificate)
• Do any personal relationships prevail, e.g. pregnancy or age?
  • Widows cannot marry until 1 year after the death of a spouse
  • Divorcees cannot marry until 9 months after divorce
  • If the bride is pregnant by a third party, the groom must agree to act as father to the child
  • Groom must be at least 21, bride 17; no engagement before confirmation (18, 14)
• Physical or mental findings
  • Deaf-and-dumb people and imbeciles must be able to communicate their will
  • The blind and infirm are not barred from marriage

Omitting the Aufgebot:

• Can occur based on need or privilege
  • “Need” may be because the groom has to leave quickly, e.g. for war or other gov’t service
  • “Privilege” either eliminates proclamations entirely, or limits it to one time; only for nobles
• Religious dispensation concerns either the entire proclamation, or only the combination intro a single or double proclamation
• Sovereign dispensation requires an oath from the groom re main conditions
• Failure to announce the banns without dispensation does not invalidate the marriage
  • But the clergyman and the engaged couple are subject to penalties
  • The engaged couple must pay any dispensation and fee charges
  • Protestants secretly married in a Catholic church are punished with imprisonment or a fine of 5 to 20 Thalers
  • Parents are also penalized if the engaged couple was under their authority and has since gone abroad
  • A clergyman will be suspended for two years

Place of the Aufgebot:

• At the church of the couple, following the sermon and prayers
  • In Dresden, because of numerous proclamations, these taken place from the pulpit before the worship service
• If the couple is from different parishes, the bride’s pastor must inform the groom’s pastor (in writing) when the proclamations will take place; proclamations also occur in the groom’s parish
• At the place where they were born (no priority) or where the parents or guardians live
• At the place where they stayed shortly before the marriage or at the place where they stayed the longest (priority)
• If both biological parents, or in the case of illegitimate children, the mother, have been deceased for 6 months, banns are only announced at the place where the couple has lived for the last 2 years
• If parents are separated, banns will be announced at the location of the parent with whom the engaged person has lived
• For widowed individuals, but not for divorced persons, the announcement of the banns at the parents’ residence is omitted
• For parents who do not have a fixed residence, such as shepherds, factory workers, etc., the place of residence for the last two years, or for 6 months, is used
• Occur on 3 successive Sundays
• If parents are separated, banns will be announced at the location of the parent with whom the engaged person has lived
• For widowed individuals, but not for divorced persons, the announcement of the banns at the parents’ residence is omitted
• For parents who do not have a fixed residence, such as shepherds, factory workers, etc., the place of residence for the last two years, or for 6 months, is used
• Occur on 3 successive Sundays

Certification of unmarried status (Ledigschein):

• Three-fold purpose –
  • Legal dissolution of previous marriage, or consent (or death) of parents or guardians
• Statement from the groom’s pastor that there are no problems with the proclamation
  • Pastor’s statement after the (2^nd or 3^rd) proclamations that there are no objections
• If a pastor is making the proclamations for his own children or grandchildren, another clergyman must issue this certification

Marriage Ceremony:

“Indeed, it is already indispensable for civil discipline and order.  Therefore, all engaged couples of the Christian Church undergo  this action, partly for the sake of their conscience and partly for  the sake of their children.”

Marriage Ceremony:

• Takes place after all proclamations and receipt of testimonium integritatis (Ledigschein)
• According to old laws, only on weekdays; newer laws allow marriage in special cases on Sunday after vespers, or for poor people after the morning worship service
• Morning marriages take place at 10 a.m.
• Afternoon marriages no later than 4 p.m.
• According to old church regulations, marriage should take place 8 days after the third proclamation
• “Now” marriage can take place on the same Sunday as the third proclamation, but only after the proclamation has been made
• In Prussia, if the marriage has not taken place within 6 weeks of the third proclamation, the process begins all over again (except in case of illness or other accident)
• Takes place before the altar in the church and in front of the Christian parish
• A home marriage can take place in an emergency, e.g. illness
• Nobility may have a home marriage
• Others requires dispensation for a home marriage

Who Performs the Marriage Ceremony:

• If the bride and groom are from the same parish, it is their pastor or proxy
• If they are from different parishes, it is the bride’s pastor (usually where the banns were read)
• In a few places, it is the groom’s pastor (which may cause problems, esp. re fees)
• Underage people belong in their father’s parish
• Dispensation is required for anyone else
• Also applies to “mixed” marriages

Marriage Ceremony:

• The pastor should use the official rite from the Sächsische church order
• More than one couple can be married at the same time, but each individually must give their pledge
• Full, half, or quarter mass, with wedding sermon, a simple blessing, organ music, church music
• Fees vary accordingly
• Excessive displays or extravagance to be avoided
• If the bride is known to be deflowered, she cannot wear a wreath ( to cost no more than 9-10 Thaler for nobility, or 1-3 Gulden for others)
• If a couple presents themselves as chaste, but has a child in less than 7 months, they are each fined 1 Thaler
  • A child is declared legitimate if it is born at least 182 days after the marriage
• “Fallen” people can be married quietly behind closed church doors, with 2 witnesses
• There shall be no meal before the wedding
• There is no limit to the size of the wedding gift that parents, siblings, nieces, nephews, and foreigners can give
• All  other guests should give no more than 1 Thaler or Goldgülden
• The married couple should be mindful of the Armenkasse

Heiratsregister

• Older records have less information
• Newer records usually have –
  • Date of marriage, banns
  • Groom’s name, age, and status (single or widowed) and occupation, maybe house number and place of birth
  • Groom’s parents’ names and status, e.g. occupation, citizen, resident, or deceased
  • Bride’s name, age
  • Bride’s parents’ names and status, etc.
  • Witnesses
  • Church official
  • Comments

[Running number – may or may not be part of the preprinted form]

Tag der Trauung, Monat, Jahr
     Day of the Marriage, Month, and Year

Vor- und Geschlechtsname des Bräutigams
     First and last name of the groom

Stand und Religion
     Occupation and religion

Landgericht, Aufenthaltsort, Numer des Hauses
     District court, place of residence, house number

Dessen Eltern, mit Tauf- und Zuname, und bei der Mutter des Braut auch der Geschlechtsname
     His parents, with first and last names, and for the mother of the groom,
her maiden name

Ledig oder Wittwer, im letzten Falle der verstorbenen Gattin Name, und bei dem Geschiedenen den Name des vorigen Weibes    
     Single or widower; in the latter case the name of the deceased wife, and for a
divorced person the name of the previous wife

Gebohren wann und wo?
    Born when and where?

[Vor- und Geschlechtsname der Braut
     First and last name of the bride

Stand und Religion
     Occupation and religion

Landgericht, bisheriger Aufenthaltsort
     District court, place of residence up to now

Dessen Eltern, mit Tauf- und Zuname, und bei der Mutter des Braut auch der Geschlechtsname
     His parents, with first and last names, and for the mother of the groom,
her maiden name

Ledig oder Wittwe, im letzten Falle der verstorbenen Mannes Name, und bei einer Geschiedenen den Name des ersten Mannes    
     Single or widow; in the latter case the name of the deceased husband, and
for a divorced person the name of the first husband

Gebohren wann und wo?
    Born when and where?

Pfarrer oder dessen Stellvertreter
     Pastor or his proxy

Zeugen mit Tauf- und Zuname, Stand, Aufenthaltsort
     Witnesses with first and last names, occupation, residence

Weltliche Heiraths-Lizenz  
     Civil [worldly] marriage license

Getraut mit oder ohne Dispens in den Graden, mit oder ohne Denuntiationen
    Married with or without dispensation in the degrees, with or without
    proclamations

Basic Vocabulary – Marriage

• Heirat – the original meaning was “household”
• vermählen / Vermählung – in old high German, means “promise,” today means engagement
• verloben / Verlobung – betrothal, engagement
• Hochzeit – in OHG, means “high celebration,” today means marriage or wedding
• Trauung – from MHG, to entrust to someone, today means marriage
• Brautlauf – in OHG, means wedding; literally “bride walk” (still used in some places)
• Aufgebot, Proclamation – reading the banns

Sources for Further Information

• Online church regulations
  • Versuch eines badiscihen evangelisch-lutherischen Kirchenrechts, 1806
  • Praktisches Evangelishes Kirchenrecht, mit besonderer Hinsicht auf Sachsen, Preußen und andere evangelische Länder, 1826
  • Kirchenrecht der evangelischen Kirche des Herzogthums Hessen, 1884
  • and others…
• Search terms to find more in Google Books
  • Kirchenordnung + stateKirchenrecht + stateKirchenagenda + state
  • Stol(l)ordnung or Stol(l)gebühren + state
  • Amtsblatt + Trauung + state
  • Regierungsblatt + Trauung + state
  • Intelligenzblatt + Trauung + state
• Online church registers
  • FamilySearch
  • Ancestry
  • Archion (Protestant records for Germany)
  • Matricula (Catholic records for Germany and other countries)
  • Portafontium (Bavaria and Czech Republic)