LAWS OF MARYLAND.—1716. 29
SEC. 24. And be it further enacted. That all ministers, pas-
tors and magistrates, or other persons whatsoever, who, accord-
ing to the laws of this province, do usually join people in mar-
riage, shall not, upon any pretence, join in marriage any negro
whatsoever or mulatto slave with any white person, on the
penalty of five thousand pounds of tobacco, the one half to his
majesty, his heirs and successors, for the use of free schools,
the other half to the informer, or him or them that shall sue for
the same, to be recovered in any court of record of this pro-
vince by action of debt, bill, plaint or information, wherein no
essoin, protection or wager of law to be allowed.
By the act of 1717, ch. 13, sec. 4, any free negro or mulatto intermarry-
ing with any white person shall become a slave for life, excepting mulattoes
born of white women, who shall only become servants for seven years;
and any white man or woman intermarrying with any negro or mulatto,
shall become a servant for seven years, to be disposed of at the discretion.
of the county court, and applied towards the support of the county school. |
Ministers
not to marry
slaves. |
SEC. 25. And be it further enacted, by the authority aforesaid,
That any white woman, whether free or a servant, that shall
suffer herself to be got with child by a negro or other slave, or
free negro, such woman, so begot with child as aforesaid, if
free, shall become a servant for and during the term of seven
years, if a servant, shall finish her time of servitude, together
with the damage that shall accrue to such person to whom she
is a servant, by occasion of any child or children begotten as
aforesaid in the time of her servitude as aforesaid, and after
such satisfaction made, shall again become a servant for and
during the term of seven years aforesaid. |
Penalty on
white
women be-
ing got with
child by
slaves. |
SEC. 26. And, if such begetter of such child as aforesaid be
a free negro, he shall become a servant for and during the term
of seven years as aforesaid, to be adjudged by the justices of
the county court where such fact is committed, according
to this law, in the clause made and provided against such
servants as have bastards; and the issues or children of such
unnatural and inordinate copulations, shall be servants until
they arrive at the age of one and thirty years. |
On free
negroes for
begetting
such child. |
SEC. 27. And, any white man that shall beget any negro
woman with child, whether free woman or servant, shall
undergo the same penalties as white women; all which times
of servitude, by this act imposed upon the persons having so
offended, to be disposed of or employed as the justices of such
county shall think fit, the produce whereof shall be appro-
priated towards defraying the county charge.
By 1728, ch. 4, free mulatto women, and their bastard issue, shall be
subject to the same penalties as white women (and their issue are,) for
having mulatto bastards, by the three preceding sections; and free negro
women having bastards by white men, and their issue, shall be subject to
the same penalties; and the proceedings thereon to be the same as above
prescribed. |
And on
white men
getting ne-
groes with
child. |
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