MARRIAGE BONDS in TENNESSEE 
and some southern states 

What's the difference in a Marriage Bond and a Marriage License... 

The Marriage License is the permission given by public authority to persons 
who intend to (1)intermarry. 
The Marriage Bond is a money guarantee that has its roots in colonial regulations. 
Back then, because of the scarcity of ministers, the colony would require all persons wishing 
to be married by license to go to the county clerk. A bond was given with security that there 
was no lawful cause to prevent the marriage. Often the bondsman was someone other than the 
parent. The rich uncle was always a good candidate for bondsman. Once the bonds were completed, 
the license would be issued. 

Of course, some got married by publishing (2)"banns." No bond or license was need. 
In Tennessee, three documents were created at the time of a marriage. 
· The first was the marriage bond. 
· The second was the license, wherein the court authorized the marriage, and the official 
signed the back to show that it had been performed. 
· The ledger where the clerk copied some information from these two sources is known as the 
official marriage record, and is often the only surviving part of the record. 

Charles A. Sherrill Tenn. State Library & Archives; has furnished the following information on 
this subject according to his understanding of the material he has read. 
· The groom had to assure the State that he was able to be legally married (was not already 
married to someone else, under age, or ineligible because of close blood relationship, etc.) 
· This assurance was given in the form of a bond for a certain amount of money. The friend or
 relative signed as the groom's security on the bond, commonly known as becoming a bondsman. 
· If indeed the groom had been sued for violating the marriage contract, the bondsman would 
have had to pay any legal damages if the groom defaulted. 
· No money actually changed hands at the time the bond was issued. 
· This bonding procedure was used across Tennessee and in other southern states in the 19th
 century.
I am not certain whether a woman could sue for breach of contract under this bond, in a case
 where a man failed to actually go through with the marriage. I have seen one or two cases of
 that type, but do not know whether they were successful. However, this bond did provide legal 
protection for a woman who married a man and then found he already had a wife. 
This document is created in response to a question about the $1250 marriage bond in Tennessee. 

Credits for this information is given to: 
Charles Sherrill, Director of Public Services, Tenn. State Library & Archives. 

Definitions by: New World Dictionary
(1) Intermarry
n.1. marriage between persons of different clans, tribes, races, religions, castes, etc. 
2. marriage between closely related persons 
(2)banns
n.pl. the proclamation, generally made in church on three successive Sundays, of an intended 
marriage. 

With permission of Charles Gregory who ask the question and Fred Smoot 
who came up with the answer I have created this document for future reference to genealogy 
research. 
This page placed here by: Mary A. Hudson, on December 23, 1998

mahud@fidnet.com