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Bacon's Laws of Maryland
Volume 75, Page 128   View pdf image (33K)
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NATHANIEL BLAKISTON, Esq; Governor
1702.
by the Authority aforesaid, That no Minister, Priest or Magistrate, shall
presume to join together in Marriage, any Persons whatsoever, contrary to
the Table of Marriages, by this Act appointed to be set up in every Parish-Church
within this Province, under the Penalty of Five Thousand Pounds of 
Tobacco; nor shall any Person forbidden to intermarry by such Table of
Marriages, presume to be joined in marriage, under the like Penalty of Five
Thousand Pounds of Tobacco, such Penalty and Forfeitures, on either Side,
to be made to our Sovereign Lord the King, his Heirs and Successors, for
the Uses in this Act hereafter mentioned.

    V.  And to prevent any Lay-Persons from joining any Persons in Marriage,
where any Minister or Priest can be had, and to ascertain what shall be paid
for Marriages, be it likewise Enacted by the Authority aforesaid, That in every
Parish where any Minister or Incumbent shall reside, and have Charge of
Souls therein, no Justice or Magistrate, being a Lay-Man, shall join any person
in Marriage, under the Penalty of Five Thousand Pounds of Tobacco
for such Offence, to our Sovereign Lord the King, as aforesaid.  And it shall
be lawful to every Minister to take and receive of every Person or Persons by
him married, the Sum of Five Shillings Sterling, and no more. Provided
such persons come to such Parish-Church or Chapel, at Time of Divine Service,
for solemnizing such Marriage.

    VI.  And for the better and more effectual Collecting of the said Duty of
Forty Pounds of Tobacco per Poll, and paying the same to the uses by the
Law intended and appointed, be it Enacted, That the Sheriff of each several
County, shall, and is hereby obliged, to collect and gather the said Assessment
of Forty per Poll, of the several Persons within each respective Parish
in his County, in the same Manner, and by the same Authority, as the Public
and County Levies are collected, and shall pay the same Forty Pounds per
Poll to the Minister of Incumbent in each respective Parish *.
              * The Sheriffs shall have 5 per Cent for collecting, 1715, ch. 24, §. 4.

    VII.  And the better to promote the Execution of the good Laws of this
Province, so far as concerns the respective Parishes, and for the more easy
Dispatch of the Parish-Business, be it further Enacted by the Authority aforesaid,
by and with the Advice and Consent aforesaid, That there be select Vestries in
each parish of this Province, and that the several Vestry-Men of the several
Parishes within this Province, that now are, or hereafter shall be chosen
by such select Vestry, of which Vestry the Number shall always be Six at
least, except upon Death or Resignation, or other Discharge of any of
them, according to the Provision herein made to that Purpose; and im such
Case of Death, or Resignation, or other legal Discharge from serving, the
remaining Part of such Vestries shall, with all convenient speed, summon
and appoint a general Meeting of all the Inhabitants of the said Parish, who
are Free-holders within the same Parish, and contribute to the Public Taxes
and Charges of the said Parish, who shall, by Majority of Voices, elect and
chuse one or more sober and discreet Person or Persons, Free-holders of each
respective Parish, to supply such Vacancies:  And such person or Persons, so
elected and chosen, shall take the usual Oath, appointed by Act of Parliament
instead of the Oath of Allegiance and Supremacy, and the following
Oath, viz.
    " I ------ ------ do solemnly Swear and Declare, that I will justly and truly
" execute the Trust or Office of a Vestry-Man of this Parish, according to my best
" Skill and Knowledge, without Prejudice, Favour, or Affection."
    Which said Oaths, at the Election of a new Vestry, are to be administered
by any Justice of the peace of the County, City or Place, where such Vestry
is, who hereby likewise required and impowered to administer
 

CHAP.
     I.
contrary
to the Table
of Marriages,
forfeit 
5000 lb Tobacco.
And the Persons
so intermarrying
incur the like
Penalty.
 

Lay-Magistrates,
joining
Persons
in Marriage,
where a Minister
is resident
in the
Parish, forfeit
5000 lb Tobacco.
The Minister's 
Fee.
 
 
 

The Sheriff
to collect the
40 per Poll.
 
 
 
 
 
 
 
 
 

Select Vestries
to be in
each parish,
the Number
to be always
Six at the
least.

On Death,
&c. of any
Vestry-man,
the Vacancy
to be supplied
by Election
of the
Free-holders.

Vestry-men
to take the
Oaths to the
Government,
and the 
following

Oath of a
Vestry-man.
 

The Oaths,
how to be
administered.

O 2


 
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Bacon's Laws of Maryland
Volume 75, Page 128   View pdf image (33K)
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