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s, nor any incumbrance by the expense of a family. 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. 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. CELIBACY OF THE CLERGY. At a synod held at Winchester under St. Dunstan, the monks averred, that so highly criminal was it for a priest to marry, that even a wooden cross had audibly declared against the horrid practice. Others place the first attempt of this kind, to the account of Aelfrick, archbishop of Canterbury, about the beginning of the eleventh century; however this may be, we have among the canons a decree of the archbishops of Canterbury, and York, ordaining, That all ministers of God, especially priests, should observe chastity, and not take wives: and in the year 1076, there was a council assembled at Winchester, under Lanfranc, which decreed, that no canon should have a wife; that such priests as lived in castles and villages should not be obliged to put their wives away, but that such as had none should not be allowed to marry; and that
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