Lettre de cachet
Encyclopedia
Lettres de cachet were letters signed by the king of France, countersigned
by one of his ministers, and closed with the royal seal, or cachet. They contained orders directly from the king, often to enforce arbitrary actions and judgments that could not be appeal
ed.
In the case of organized bodies lettres de cachet were issued for the purpose of preventing assembly or to accomplish some other definite act. The provincial estates were convoked in this manner, and it was by a lettre de cachet (in this case, a lettre de jussipri), or by showing in person in a lit de justice, that the king ordered a parlement
to register a law in the teeth of its own refusal to pass it.
The best-known lettres de cachet, however, were penal, by which a subject was sentenced without trial
and without an opportunity of defense to imprisonment in a state prison or an ordinary jail, confinement in a convent
or a hospital
, transportation to the colonies, or expulsion to another part of the realm. The wealthy sometimes bought such lettres to dispose of unwanted individuals.
In this respect, the lettres de cachet were a prominent symbol of the abuses of the ancien régime monarchy
, and as such were suppressed during the French Revolution
.
overcame its initial distrust of Roman law
. The principle can be traced to a maxim which furnished a text of the Pandects
of Justinian
: in their Latin version, "Rex solutus est a legibus", or "The king is released from the laws." "The French legal scholars interpreted the imperial office of the Justinian code in a generic way and arrived at the conclusion that every 'king is an emperor in his own kingdom,' that is, he possesses the prerogatives of legal absolutism that the Corpus Juris Civilis
attributes to the Roman emperor."
This meant that when the king intervened directly, he could decide without heeding the laws, and even contrary to the laws. This was an early conception, and in early times the order in question was simply verbal; some letters patent
of Henry III of France in 1576 state that François de Montmorency
was "prisoner in our castle of the Bastille
in Paris
by verbal command" of the late king Charles IX
.
In the 14th century the principle was introduced that the order should be written, and hence arose the lettre de cachet. The lettre de cachet belonged to the class of lettres closes
, as opposed to lettres patentes
, which contained the expression of the legal and permanent will of the king, and had to be furnished with the seal of state affixed by the chancellor
.
The lettres de cachet, on the contrary, were signed simply by a secretary of state for the king; they bore merely the imprint of the king's privy seal, from which circumstance they were often called, in the 14th and 15th centuries, lettres de petit signet or lettres de petit cachet, and were entirely exempt from the control of the chancellor.
as a silent weapon against political adversaries or dangerous writers and as a means of punishing culprits of high birth without the scandal of a lawsuit, the lettres de cachet had many other uses. They were employed by the police in dealing with prostitutes, and on their authority lunatics were shut up in hospitals and sometimes in prisons.
They were also often used by heads of families as a means of correction, for example, for protecting the family honour from the disorderly or criminal conduct of sons. The case of the Marquis de Sade
(imprisoned 1777 - 1790 under a lettre de cachet obtained by his wealthy and influential mother-in-law) is a prominent example. Wives, too, took advantage of them to curb the profligacy of husbands and vice versa.
In reality, the secretary of state issued them in a completely arbitrary fashion, and in most cases the king was unaware of their issue. In the 18th century it is certain that the letters were often issued blank, i.e. without containing the name of the person against whom they were directed; the recipient, or mandatary, filled in the name in order to make the letter effective.
of Paris
and by the provincial parlements, and often also by the Estates-General
. In 1648 the sovereign courts of Paris procured their momentary suppression in a kind of charter of liberties which they imposed upon the crown, but which was ephemeral.
It was not until the reign of Louis XVI
that a reaction against this abuse became clearly perceptible. At the beginning of that reign Malesherbes
during his short ministry endeavoured to infuse some measure of justice
into the system, and in March 1784 the baron de Breteuil
, a minister of the king's household, addressed a circular to the intendants and the lieutenant of police with a view to preventing the most serious abuses connected with the issue of lettres de cachet.
The Comte de Mirabeau wrote a scathing indictment of lettres de cachet while imprisoned in the dungeon of Vincennes
(by lettre de cachet obtained by his father). The treatise was published after his liberation in 1782 under the title Les Lettres de cachet et des prisons d'etat and was widely read throughout Europe.
In Paris, in 1779, the Cour des Aides demanded their suppression, and in March 1788 the parlement of Paris made some exceedingly energetic remonstrances, which are important for the light they throw upon old French public law. The crown, however, did not decide to lay aside this weapon, and in a declaration to the States-General in the royal session of 23 June 1789 (art. 15) it did not renounce it absolutely.
by the Constituent Assembly, but Napoleon reestablished their penal equivalent by a political measure in the decree of 8 March 1801 on the state prisons. This is all the more striking, given that Napoleon had pushed for measures ensuring the rule of law
in the codes
of laws adopted under his rule. This action was one of the acts brought up against him by the senatus-consulte of 3 April 1814, which pronounced his fall "considering that he has violated the constitutional laws by the decrees on the state prisons."
Countersign (legal)
Countersigning means writing a second signature onto a document. For example, a contract or other official document signed by the representative of a company may be countersigned by his supervisor to verify the authority of the representative...
by one of his ministers, and closed with the royal seal, or cachet. They contained orders directly from the king, often to enforce arbitrary actions and judgments that could not be appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
ed.
In the case of organized bodies lettres de cachet were issued for the purpose of preventing assembly or to accomplish some other definite act. The provincial estates were convoked in this manner, and it was by a lettre de cachet (in this case, a lettre de jussipri), or by showing in person in a lit de justice, that the king ordered a parlement
Parlement
Parlements were regional legislative bodies in Ancien Régime France.The political institutions of the Parlement in Ancien Régime France developed out of the previous council of the king, the Conseil du roi or curia regis, and consequently had ancient and customary rights of consultation and...
to register a law in the teeth of its own refusal to pass it.
The best-known lettres de cachet, however, were penal, by which a subject was sentenced without trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
and without an opportunity of defense to imprisonment in a state prison or an ordinary jail, confinement in a convent
Convent
A convent is either a community of priests, religious brothers, religious sisters, or nuns, or the building used by the community, particularly in the Roman Catholic Church and in the Anglican Communion...
or a hospital
Hospital
A hospital is a health care institution providing patient treatment by specialized staff and equipment. Hospitals often, but not always, provide for inpatient care or longer-term patient stays....
, transportation to the colonies, or expulsion to another part of the realm. The wealthy sometimes bought such lettres to dispose of unwanted individuals.
In this respect, the lettres de cachet were a prominent symbol of the abuses of the ancien régime monarchy
Monarchy
A monarchy is a form of government in which the office of head of state is usually held until death or abdication and is often hereditary and includes a royal house. In some cases, the monarch is elected...
, and as such were suppressed during the French Revolution
French Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...
.
History
The power to issue lettres de cachet was a royal privilege recognized by the French monarchic civil law that developed during the 13th century, as the Capetian monarchyHouse of Capet
The House of Capet, or The Direct Capetian Dynasty, , also called The House of France , or simply the Capets, which ruled the Kingdom of France from 987 to 1328, was the most senior line of the Capetian dynasty – itself a derivative dynasty from the Robertians. As rulers of France, the dynasty...
overcame its initial distrust of Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
. The principle can be traced to a maxim which furnished a text of the Pandects
Pandects
The Digest, also known as the Pandects , is a name given to a compendium or digest of Roman law compiled by order of the emperor Justinian I in the 6th century .The Digest was one part of the Corpus Juris Civilis, the body of civil law issued under Justinian I...
of Justinian
Justinian I
Justinian I ; , ; 483– 13 or 14 November 565), commonly known as Justinian the Great, was Byzantine Emperor from 527 to 565. During his reign, Justinian sought to revive the Empire's greatness and reconquer the lost western half of the classical Roman Empire.One of the most important figures of...
: in their Latin version, "Rex solutus est a legibus", or "The king is released from the laws." "The French legal scholars interpreted the imperial office of the Justinian code in a generic way and arrived at the conclusion that every 'king is an emperor in his own kingdom,' that is, he possesses the prerogatives of legal absolutism that the Corpus Juris Civilis
Corpus Juris Civilis
The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
attributes to the Roman emperor."
This meant that when the king intervened directly, he could decide without heeding the laws, and even contrary to the laws. This was an early conception, and in early times the order in question was simply verbal; some letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
of Henry III of France in 1576 state that François de Montmorency
François de Montmorency
François, Duc de Montmorency was the eldest son of the first Duc de Montmorency, Anne.He was Duke of Montmorency, Count of Dammartin, Baron of Chateaubriant and Lord of L'Isle-Adam. Grand Master of France and Peer of France....
was "prisoner in our castle of the Bastille
Bastille
The Bastille was a fortress in Paris, known formally as the Bastille Saint-Antoine. It played an important role in the internal conflicts of France and for most of its history was used as a state prison by the kings of France. The Bastille was built in response to the English threat to the city of...
in Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
by verbal command" of the late king Charles IX
Charles IX of France
Charles IX was King of France, ruling from 1560 until his death. His reign was dominated by the Wars of Religion. He is best known as king at the time of the St. Bartholomew's Day Massacre.-Childhood:...
.
In the 14th century the principle was introduced that the order should be written, and hence arose the lettre de cachet. The lettre de cachet belonged to the class of lettres closes
Letters close
Letters close are a type of legal document which is a closed letter issued by a monarch or government granting a right, monopoly, title, or status to someone or some entity such as a corporation. These letters are personal in nature and were delivered folded sealed so that only the recipient can...
, as opposed to lettres patentes
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
, which contained the expression of the legal and permanent will of the king, and had to be furnished with the seal of state affixed by the chancellor
Chancellor
Chancellor is the title of various official positions in the governments of many nations. The original chancellors were the Cancellarii of Roman courts of justice—ushers who sat at the cancelli or lattice work screens of a basilica or law court, which separated the judge and counsel from the...
.
The lettres de cachet, on the contrary, were signed simply by a secretary of state for the king; they bore merely the imprint of the king's privy seal, from which circumstance they were often called, in the 14th and 15th centuries, lettres de petit signet or lettres de petit cachet, and were entirely exempt from the control of the chancellor.
As a tool
While serving the governmentGovernment
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
as a silent weapon against political adversaries or dangerous writers and as a means of punishing culprits of high birth without the scandal of a lawsuit, the lettres de cachet had many other uses. They were employed by the police in dealing with prostitutes, and on their authority lunatics were shut up in hospitals and sometimes in prisons.
They were also often used by heads of families as a means of correction, for example, for protecting the family honour from the disorderly or criminal conduct of sons. The case of the Marquis de Sade
Marquis de Sade
Donatien Alphonse François, Marquis de Sade was a French aristocrat, revolutionary politician, philosopher, and writer famous for his libertine sexuality and lifestyle...
(imprisoned 1777 - 1790 under a lettre de cachet obtained by his wealthy and influential mother-in-law) is a prominent example. Wives, too, took advantage of them to curb the profligacy of husbands and vice versa.
In reality, the secretary of state issued them in a completely arbitrary fashion, and in most cases the king was unaware of their issue. In the 18th century it is certain that the letters were often issued blank, i.e. without containing the name of the person against whom they were directed; the recipient, or mandatary, filled in the name in order to make the letter effective.
Protests against
Protests against the lettres de cachet were made continually by the parlementParlement
Parlements were regional legislative bodies in Ancien Régime France.The political institutions of the Parlement in Ancien Régime France developed out of the previous council of the king, the Conseil du roi or curia regis, and consequently had ancient and customary rights of consultation and...
of Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
and by the provincial parlements, and often also by the Estates-General
French States-General
In France under the Old Regime, the States-General or Estates-General , was a legislative assembly of the different classes of French subjects. It had a separate assembly for each of the three estates, which were called and dismissed by the king...
. In 1648 the sovereign courts of Paris procured their momentary suppression in a kind of charter of liberties which they imposed upon the crown, but which was ephemeral.
It was not until the reign of Louis XVI
Louis XVI of France
Louis XVI was a Bourbon monarch who ruled as King of France and Navarre until 1791, and then as King of the French from 1791 to 1792, before being executed in 1793....
that a reaction against this abuse became clearly perceptible. At the beginning of that reign Malesherbes
Guillaume-Chrétien de Lamoignon de Malesherbes
Guillaume-Chrétien de Lamoignon de Malesherbes , often referred to as Malesherbes or Lamoignon-Malesherbes, was a French statesman, minister, and afterwards counsel for the defence of Louis XVI.-Biography:...
during his short ministry endeavoured to infuse some measure of justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
into the system, and in March 1784 the baron de Breteuil
Louis Auguste Le Tonnelier de Breteuil
Louis Charles Auguste le Tonnelier, baron de Breteuil, baron de Preuilly was a French aristocrat, diplomat, statesman and politician...
, a minister of the king's household, addressed a circular to the intendants and the lieutenant of police with a view to preventing the most serious abuses connected with the issue of lettres de cachet.
The Comte de Mirabeau wrote a scathing indictment of lettres de cachet while imprisoned in the dungeon of Vincennes
Vincennes
Vincennes is a commune in the Val-de-Marne department in the eastern suburbs of Paris, France. It is located from the centre of Paris. It is one of the most densely populated municipalities in Europe.-History:...
(by lettre de cachet obtained by his father). The treatise was published after his liberation in 1782 under the title Les Lettres de cachet et des prisons d'etat and was widely read throughout Europe.
In Paris, in 1779, the Cour des Aides demanded their suppression, and in March 1788 the parlement of Paris made some exceedingly energetic remonstrances, which are important for the light they throw upon old French public law. The crown, however, did not decide to lay aside this weapon, and in a declaration to the States-General in the royal session of 23 June 1789 (art. 15) it did not renounce it absolutely.
Abolition and reinstatement
Lettres de cachet were abolished after the French RevolutionFrench Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...
by the Constituent Assembly, but Napoleon reestablished their penal equivalent by a political measure in the decree of 8 March 1801 on the state prisons. This is all the more striking, given that Napoleon had pushed for measures ensuring the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
in the codes
Napoleonic code
The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
of laws adopted under his rule. This action was one of the acts brought up against him by the senatus-consulte of 3 April 1814, which pronounced his fall "considering that he has violated the constitutional laws by the decrees on the state prisons."
In literature
- Honoré Mirabeau, Des Lettres de Cachet et des prisons d'état (HamburgHamburg-History:The first historic name for the city was, according to Claudius Ptolemy's reports, Treva.But the city takes its modern name, Hamburg, from the first permanent building on the site, a castle whose construction was ordered by the Emperor Charlemagne in AD 808...
, 1782), written in the dungeon at VincennesVincennesVincennes is a commune in the Val-de-Marne department in the eastern suburbs of Paris, France. It is located from the centre of Paris. It is one of the most densely populated municipalities in Europe.-History:...
into which his father had thrown him by a lettre de cachet, one of the ablest and most eloquent of his works, which had an immense circulation and was translated into EnglishEnglish languageEnglish is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
in 1788. - Dr. Manette, in Dickens' A Tale of Two CitiesA Tale of Two CitiesA Tale of Two Cities is a novel by Charles Dickens, set in London and Paris before and during the French Revolution. With well over 200 million copies sold, it ranks among the most famous works in the history of fictional literature....
, was thrown into the BastilleBastilleThe Bastille was a fortress in Paris, known formally as the Bastille Saint-Antoine. It played an important role in the internal conflicts of France and for most of its history was used as a state prison by the kings of France. The Bastille was built in response to the English threat to the city of...
prison by means of a lettre de cachet. In addition, Charles DarnayCharles DarnayCharles Darnay, or Charles St. Evrémonde, is a fictional character in A Tale of Two Cities by Charles Dickens.-Overview:A French aristocrat by birth, Darnay chooses to live in England because he cannot bear to be associated with the cruel injustices of the French social system...
suspected that his uncle, a marquis, would have used a lettre de cachet to throw Darnay in prison if it weren't for the fact that the Marquis had fallen out of favour with the Court. - In Alexandre DumasAlexandre Dumas, pèreAlexandre Dumas, , born Dumas Davy de la Pailleterie was a French writer, best known for his historical novels of high adventure which have made him one of the most widely read French authors in the world...
' The Three MusketeersThe Three MusketeersThe Three Musketeers is a novel by Alexandre Dumas, first serialized in March–July 1844. Set in the 17th century, it recounts the adventures of a young man named d'Artagnan after he leaves home to travel to Paris, to join the Musketeers of the Guard...
, d'Artagnan escapes prosecution for the death of MiladyMilady de WinterMilady Clarick de Winter, often referred to as simply Milady, is a fictional character in the novel The Three Musketeers by Alexandre Dumas, père. She acts as a spy for Cardinal Richelieu and is one of the chief antagonists of the story....
by means of an ambiguously worded lettre de cachet given to Milady for her own use by the Cardinal de Richelieu. - Thomas, D. "The Marquis de Sade". (1992) de Sade's mother-in-law, Madame de Montreuil obtained multiple lettres de cachet to ensure de Sade's continuous imprisonment in the BastilleBastilleThe Bastille was a fortress in Paris, known formally as the Bastille Saint-Antoine. It played an important role in the internal conflicts of France and for most of its history was used as a state prison by the kings of France. The Bastille was built in response to the English threat to the city of...
and CharentonCharenton-France:* Charenton-le-Pont, in the Val-de-Marne département, a commune which has a common border with Paris* Saint-Maurice, Val-de-Marne, a neighboring commune that was called Charenton-Saint-Maurice until 1842** Charenton...
.