Lettre de Cachet - History

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:

    The awareness that health is dependent upon habits that we control makes us the first generation in history that to a large extent determines its own destiny.
    Jimmy Carter (James Earl Carter, Jr.)

    The basic idea which runs right through modern history and modern liberalism is that the public has got to be marginalized. The general public are viewed as no more than ignorant and meddlesome outsiders, a bewildered herd.
    Noam Chomsky (b. 1928)

    In history the great moment is, when the savage is just ceasing to be a savage, with all his hairy Pelasgic strength directed on his opening sense of beauty;—and you have Pericles and Phidias,—and not yet passed over into the Corinthian civility. Everything good in nature and in the world is in that moment of transition, when the swarthy juices still flow plentifully from nature, but their astrigency or acridity is got out by ethics and humanity.
    Ralph Waldo Emerson (1803–1882)