A Philosophical Dictionary, Volume 07 — Voltaire — John Shaqi
A Philosophical Dictionary, Volume 07
Voltaire · en
If our laws reprove marriages of Catholics with persons of a different
religion, do they grant the civil effects at least to marriages of
French Protestants with French persons of the same sect?
There are now in the kingdom a million of Protestants; yet the validity
of their marriage is still a question in the tribunals.
Here again is one of those cases in which our jurisprudence is
contradictory to the decisions of the Church, and also to itself.
In the papal declaration, quoted in the foregoing section, Benedict XIV.
decides that marriages of Protestants, contracted according to their
rites, are no less valid than if they had been performed according to
the forms established by the Council of Trent; and that a husband who
turns Catholic cannot break this tie and form a new one with a person of
his new religion.
Barak Levi, by birth a Jew, and a native of Haguenan, had there married
Mendel Cerf, of the same town and the same religion.
This Jew came to Paris in 1752; and on May 13, 1754, he was baptized. He
sent a summons to his wife at Haguenan to come and join him at Paris. In
a second summons he consented that this wife, when she had come to join
him, should continue to live in her own Jewish sect.
To these summonses Mendel Cerf replied that she would not return with
him, and that she required him to send her, according to the Jewish
forms, a bill of divorce, in order that she might marry another Jew.
Levi was not satisfied with this answer; he sent no bill of divorce; but
he caused his wife to appear before the official of Strasburg, who, by a
sentence of Sept. 7, 1754, declared that, in the sight of the Church, he
was at liberty to marry a Catholic woman.
Furnished with this sentence, the Christianized Jew came into the
diocese of Soissons, and there made promise of marriage to a young woman
of Villeneuve. The clergyman refused to publish the banns. Levi
communicated to him the summonses he had sent to his wife, the sentence
of the official of Strasburg, and a certificate from the secretary of
the bishopric of that place, attesting, that in that diocese baptized
Jews had at all times been permitted to contract new marriages with
Catholics, and that this usage had constantly been recognized by the
Supreme Council of Colmar. But these documents appeared to the parson of
Villeneuve to be insufficient. Levi was obliged to summon him before the
official of Soissons.
This official did not think, like him of Strasburg, that the marriage of
Levi with Mendel Cerf was null or dissoluble. By his sentence of Feb. 5,
1756, he declared the Jew's claim to be inadmissible. The latter
appealed from this sentence to the Parliament of Paris, where he was not
only opposed by the public ministry, but, by a decree of Jan. 2, 1758,
the sentence was confirmed, and Levi was again forbidden to contract any
marriage during the life of Mendel Cerf.