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 monarchy 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.
Read more about this topic: Lettre De Cachet
Famous quotes containing the word history:
“America is, therefore the land of the future, where, in the ages that lie before us, the burden of the World’s history shall reveal itself. It is a land of desire for all those who are weary of the historical lumber-room of Old Europe.”
—Georg Wilhelm Friedrich Hegel (1770–1831)
“There is a history in all men’s lives,
Figuring the natures of the times deceased,
The which observed, a man may prophesy,
With a near aim, of the main chance of things
As yet not come to life.”
—William Shakespeare (1564–1616)
“If usually the “present age” is no very long time, still, at our pleasure, or in the service of some such unity of meaning as the history of civilization, or the study of geology, may suggest, we may conceive the present as extending over many centuries, or over a hundred thousand years.”
—Josiah Royce (1855–1916)