Clause 5 allowed two enslaved people belonging to the same owner to marry through an authorized clergyman or priest, but required written permission from that owner. Clergy were also to judge whether the couple understood the vow. The provision recognized relationships only through colonial institutions and left enslavers with power over marriage, while saying nothing about protection against family separation through sale. (Consolidated Slave Act, clause(s) 5.)
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What condition did clause 5 place on a marriage between enslaved people?
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The law required written owner permission and the officiant’s judgment about understanding of the vow.