POWER OF MARRYING.
Among nations which had shaken off the authority of the church of Rome, the priests still retained almost an exclusive power of joining men and women together in marriage. This appears rather, however, to have been by the tacit consent of the civil power, than from any defect in its right and authority; for in the time of Oliver Cromwell, marriages were solemnized frequently by the justices of the peace; and the clergy neither attempted to invalidate them, nor make the children proceeding from them illegitimate; and when the province of New England was first settled, one of the earliest laws of the colony was, that the power of marrying should belong to the magistrates. How different was the case with the first French settlers in Canada! For many years a priest had not been seen in the country, and a magistrate could not marry: the consequence was natural; men and woman joined themselves together as husband and wife, trusting to the vows and promises of each other. Father Charlevoix, a Jesuit, at last travelled into those wild regions, found many of the simple, innocent inhabitants living in that manner; with all of whom he found much fault, enjoined them to do penance, and afterwards married them. [p160] After the Restoration, the power of marrying again reverted to the clergy. The magistrate, however, had not entirely resigned his right to that power; but it was by a late act of parliament entirely surrendered to them, and a penalty annexed to the solemnization of it by any other person whatever.