The Treatise on Tolerance on the Occasion of the Death of Jean Calas
from the Judgment Rendered in Toulouse (Pieces Originales Concernant la Mort
des Sieurs Calas det le Jugement rendu a Toulouse) is a work by French
philosopher Voltaire, published in 1763, in which he calls for tolerance
between religions, and targets religious fanaticism, especially that of the
Jesuits (under whom Voltaire received his early education), indicting all superstitions
surrounding religions.
Background
Voltaire's work follows the trial of Jean Calas (1698-1762), a
Protestant accused of murdering his son Marc-Antoine to prevent his conversion
to the Church and executed in Toulouse on March 10, 1762 despite enduring
torture after the prosecution used perjured witnesses, in a case which Voltaire
took to display Catholic prejudice and fanaticism. In 1765, after the king
fired the chief magistrate and the case was retried by another court, Calas was
posthumously exonerated and his family paid 36 thousand francs.
Voltaire's argument is illustrated in the following passages:
"There are about forty millions of inhabitants in Europe who are
not members of the Church of Rome; should we say to every one of them, 'Sir,
since you are infallibly damned, I shall neither eat, converse, nor have any
connections with you?'";
"O different worshippers of a peaceful God! If you have a cruel
heart, if, while you adore he whose whole law consists of these few words,
"Love God and your neighbor'..."
"I see all the dead of past ages and of our own appearing in His
presence. Are you very sure that our Creator and Father will say to the wise
and virtuous Confucius, to the legislator Solon, to Pythagoras, Zaleucus,
Socrates, Plato, the divine Antonins, the good Trajan, to Titus, the delights
of mankind, to Epictetus, and to many others, models of men: 'Go, monsters, go
and suffer torments that are infinite in intensity and duration. Let your
punishment be eternal as I am. But you, my beloved ones, Jean Châtel,
Ravaillac, Damiens, Cartouche, etc. who have died according to the prescribed
rules, sit forever at my right hand and share my empire and my felicity.' You
draw back with horror at these words; and after they have escaped me, I have
nothing more to say to you."
Publication and
reception
Voltaire finished the work by January 2, 1763, and it was printed by the
Cramer brothers in Geneva in April 1763. After copies had been distributed to
selected recipients include Madame de Pompadour, ministers of the French privy
council, the king of Prussia, and some German princes, it began to be
distributed in October 1763 and was quickly banned.
In January 2015, after the Charlie Hebdo shooting, it was reported that
Treatise on Tolerance had become a bestseller in France more than 250 years
after its first publication.
Some notes on the
history of tolerance
Tolerance and intolerance are themes at the center of many contemporary
debates, and their prominence has become stronger after the tragic events in
France on January 7 and 8, 2015. On Internet these events have sparkled many
reactions. Whatever my views and opinions, for me one of the questions arising
is also how these events should influence the stream of postings on this blog.
Can one use historical situations to shed light on our times, or Is it sensible
to stay somewhat aloof? Perhaps it is wiser to remember that to step aside is
taking a side, too.
When somehow among all remarks and exchanges about the situation in
France the name of Voltaire came into view it provided me with at least one
element of a contribution about the origins of tolerance. Eighteenth-century
France is the setting of this post. The history of tolerance is complicated,
and the number of themes, persons and subjects here does reflect it.
Philosophy, criminal law, legal advice, legislation, the world of literature
and debate, and also images, should all appear here for good reasons, but for
the sake of length legal matters will be at the center of this post, and other
themes appear more at the margin. In fact it turns out to be really interesting
to choose for this focus. To some extent you can read this post also as part of
a guide to digital resources for the history of France during the Ancien Régime
and the French Revolution.
Although I do not want to make you suffer by reading a rather too long
post I bring here on purpose several themes together which in my opinion are
best seen in connection to each other. In my view the interplay between a
multitude of subjects, themes and resources concerning the French Ancien Régime
and the French Revolution is fairly typical when you want to study these
subjects. You can read this post also as a sequel to my post ‘Laws and the
French Revolution’ (January 2015).
Circles and layers
around law and tol
The first focal point for tolerance in France during the Ancien Régime
in the current discussion seems to be Voltaire’s Traité de la tolérance (1763).
One can read this treatise as a plea for tolerance, both on a philosophical and
a practical level, and the background of this text can seem a mere pretext or
occasion for expressing these views. John Locke had put tolerance center stage
to thoughts about the best possible way of government in his treatise A Letter
Concerning Toleration (1689 – online for example at Early Modern Texts and the
Constitution Society), but Voltaire is not just reacting in a philosophical
debate without any connection to contemporary developments. Locke wrote his
treatise one year after the Glorious Revolution (1688), and this, too, should
make you hesitate to see the history of political thought as a history of ideas
which can be studied in separation from contemporary surroundings.
Voltaire might not have qualified professionally as a philosopher, but
he certainly belonged to the circle of French philosophes. It is important to
note Locke expressed his views in a letter, and Voltaire in a book-length
treatise, an interesting fact for a prolific letter writer and playwright. The
literary dimensions of Voltaire’s work are really important in gauging the
impact and importance of his views and thoughts. Of course it is wise to look
beyond just one text of a writer, and exactly how you can realize this nowadays
will be one of the issues in this post. Voltaire wrote texts in a number of
literary genres, and he had wide contacts all over Europe, a fact returning
later in this post. A characteristic of his work is the use of irony, and even
more, the possibility to read his texts in several ways, both at face value or
with a potential for irony immediately below the surface. This ambiguity makes
it harder but also more interesting to gain a perspective on his views and
coded messages.
The machinery of law
The initial impulse for Voltaire’s treatise on tolerance came from his
reaction to the case of Jean Calas, a merchant from Toulouse who had been
sentenced to death in 1762 by the Parlement de Toulouse for allegedly killing
his son Marc-Antoine, presumably because his son wanted to convert to the
Catholic church. Calas was subjected to torture and broken upon the wheel. If
we remember this case today as a cause célèbre it is to a large extent thanks
to Voltaire’s efforts. In an article from 1994, ‘Procès, affaire, cause:
Voltaire et l ‘innovation critique’,1 Élisabeth Claverie analyzes the way
Voltaire set out to make an affair out of this case, and indeed created the
model for fueling public indignation about cases which seem to run contrary to
the public good.
Assembling materials to expose alleged and real abuses of the Catholic
Church and its influence on French society might seem an obvious thing for
Voltaire, but he did look seriously enough at the exact dealings of the
judiciary in the Calas case. His treatise was only a final phase in a series of
letters and preparatory texts, some of them meant for public use, some
definitely not. Voltaire used his connections to bring the case to the
attention of the French king, including getting Calas’ widow to Paris to plead
in person her case before the king. Whatever Voltaire’s views of harmful
Catholic influence, he aimed foremost at an official rehabilitation of Calas.
An online dossier by Anne Thouzet gives you detailed information about the
trial at Toulouse, the infringements to the ordinance of the Parlement de
Toulouse and royal ordinances about criminal procedure – in particular the
Ordonnance criminelle of 1670 – and to various other documents and images.
Thouzet also points to a number of relevant web links. The Archives
départementales de la Haute-Garonne in Toulouse have created a PDF with
transcriptions of some documents, ‘Calas, du procès à l’affaire
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