A Philosophical Dictionary, Volume 07

by Voltaire

"Its restoration depends entirely upon you," said the young Jew; "marry my sister." "I would willingly," said the almoner, "but it is against the law. I am an Essenian; I have made a vow never to marry; the law enjoins the strictest observance of a vow; the Jewish race may come to an end, if it must be so; but I will certainly not marry your sister in order to prevent it, beautiful and amiable as I admit she is."

"My two eunuchs," resumed the Jew, "can be of no service in this affair; I will therefore marry her myself, if you have no objection; and you shall bestow the usual marriage benediction."

"I had a hundred times rather be disembowelled by the Roman soldiers," said the almoner, "than to be instrumental to your committing incest; were she your sister by the father's side only, the law would allow of your marriage; but as she is your sister by the same mother, such a marriage would be abominable."

"I can readily admit," returned the young man, "that it would be a crime at Jerusalem, where I might see many other young women, one of whom I might marry; but in the isle of Padrabranca, where I see nothing but cocoanuts, pineapples, and oysters, I consider the case to be very allowable."

The Jew accordingly married his sister, and had a daughter by her, notwithstanding all the protestations of the Essenian; and this was the only offspring of a marriage which one of them thought very legitimate, and the other absolutely abominable.

After the expiration of fourteen years, the mother died; and the father said to the almoner, "Have you at length got rid of your old prejudices? Will you marry my daughter?" "God preserve me from it," said the Essenian. "Then," said the father, "I will marry her myself, come what will of it; for I cannot bear that the seed of Abraham should be totally annihilated." The Essenian, struck with inexpressible horror, would dwell no longer with a man who thus violated and defiled the law, and fled. The new-married man loudly called after him, saying, "Stay here, my friend. I am observing the law of nature, and doing good to my country; do not abandon your friends." The other suffered him to call, and continue to call, in vain; his head was full of the law; and he stopped not till he had reached, by swimming, another island.

This was the large island of Attola, highly populous and civilized; as soon as he landed he was made a slave. He complained bitterly of the inhospitable manner in which he had been received; he was told that such was the law, and that, ever since the island had been very nearly surprised and taken by the inhabitants of that of Ada, it had been wisely enacted that all strangers landing at Attola should be made slaves. "It is impossible that can ever be a law," said the Essenian, "for it is not in the Pentateuch." He was told in reply, that it was to be found in the digest of the country; and he remained a slave: fortunately he had a kind and wealthy master, who treated him very well, and to whom he became strongly attached.

Some murderers once came to the house in which he lived, to kill his master and carry off his treasure. They inquired of the slaves if he was at home, and had much money there. "We assure you, on our oaths," said the slaves, "that he is not at home." But the Essenian said: "The law does not allow lying; I swear to you that he is at home, and that he has a great deal of money." The master was, in consequence, robbed and murdered; the slaves accused the Essenian, before the judges, of having betrayed his master. The Essenian said, that he would tell no lies, and that nothing in the world should induce him to tell one; and he was hanged.

This history was related to me, with many similar ones, on the last voyage I made from India to France. When I arrived, I went to Versailles on business, and saw in the street a beautiful woman, followed by many others who were also beautiful. "Who is that beautiful woman?" said I to the barrister who had accompanied me; for I had a cause then depending before the Parliament of Paris about some dresses that I had had made in India, and I was desirous of having my counsel as much with me as possible. "She is the daughter of the king," said he, "she is amiable and beneficent; it is a great pity that, in no case or circumstance whatever, such a woman as that can become queen of France." "What!" I replied, "if we had the misfortune to lose all her relations and the princes of the blood—which God forbid—would not she, in that case, succeed to the throne of her father?" "No," said the counsellor; "the Salic law expressly forbids it." "And who made this Salic law?" said I to the counsellor. "I do not at all know," said he; "but it is pretended, that among an ancient people called the Salii, who were unable either to read or write, there existed a written law, which enacted, that in the Salic territory a daughter should not inherit any freehold." "And I," said I to him, "I abolish that law; you assure me that this princess is amiable and beneficent; she would, therefore, should the calamity occur of her being the last existing personage of royal blood, have an incontestable right to the crown: my mother inherited from her father; and in the case supposed, I am resolved that this princess shall inherit from hers."

On the ensuing day, my suit was decided in one of the chambers of parliament, and I lost everything by a single vote; my counsellor told me, that in another chamber I should have gained everything by a single vote. "That is a very curious circumstance," said I: "at that rate each chamber proceeds by a different law." "That is just the case," said he: "there are twenty-five commentaries on the common law of Paris: that is to say, it is proved five and twenty times over, that the common law of Paris is equivocal; and if there had been five and twenty chambers of judges, there would be just as many different systems of jurisprudence. We have a province," continued he, "fifteen leagues distant from Paris, called Normandy, where the judgment in your cause would have been very different from what it was here." This statement excited in me a strong desire to see Normandy; and I accordingly went thither with one of my brothers. At the first inn, we met with a young man who was almost in a state of despair. I inquired of him what was his misfortune; he told me it was having an elder brother. "Where," said I, "can be the great calamity of having an elder brother? The brother I have is my elder, and yet we live very happily together." "Alas! sir," said he to me, "the law of this place gives everything to the elder brother, and of course leaves nothing for the younger ones." "That," said I, "is enough, indeed, to disturb and distress you; among us everything is divided equally; and yet, sometimes, brothers have no great affection for one another."