LETTRES DE CACHET are really lettres closes, that is, letters sealed in such a way that they cannot be opened without breaking the seal, and which were originally always addressed to individuals, in contradistinction to lettres patentes, or letters patent, beginning “know all men by these presents.” Lettres closes interfering with the administration of justice or the liberty of the subject were forbidden by numerous edicts in the 14th, 15th, and 16th centuries, and the term lettres de cachet, as synonymous with lettres closes, is first found in the ordinance of Orleans in 1560. The convenience of such a means to consign one’s enemies to prison was seen by Richelieu and Mazarin, who followed the Guise Government in using them frequently, despite numerous protestations on the part of the parlements, of which the most notable was when in 1648 an ordinance was registered that no man should be kept in prison three days without interrogation. When once Louis XIV. had begun to rule, he made frequent use of lettres de cachet both for state purposes and to control and disorganize his nobility, and he boldly justified their use in an edict of 1705. But the most marked justification is to be found in the circular letter addressed to the parlements of France in reply to protests against arbitrary imprisonment in 1759, in which the king says that “he reserves arbitrary orders—in other words, lettres de cachet —for occasions wherein they may be necessary for the public good and the interests of families.” In this remark he distinguishes between the two purposes for which such letters were granted. He first alleges state reasons why he should have power to arrest arbitrarily—a power no one would deny to the executive on occasions of emergency, if used under proper ...restrictions. Secondly, he says that they are issued in the interest of families, and here he touches the great source of their injustice and unpopularity. It was the custom for the king to sign a number of blank lettres de cachet which his ministers gave away to whoever they pleased. Thus they often fell into hands of people who used them to gratify private hate; fathers obtained them and inserted the names of their sons, wives inserted the names of their husbands, opera dancers those of lovers who had spurned them. The evil grew to such a height that Turgot and Lamoignon de Malesherbes refused to enter the ministry of Louis XVI. unless they might see the contents of the orders they countersigned, and see the causes for which men were to be imprisoned. It is needless to say that when the cahiers of the primary assemblies were prepared, to instruct the deputies to the states-general in the wishes of their constituents, abolition of lettres de cachet was demanded in almost all the cahiers of the noblesse and tiers état. The subject was mentioned in the early debates of the Constituent Assembly, but lettres de cachet were not formally abolished till January 15, 1790, and on March 13 of the same year all imprisoned under them were ordered to be set at liberty. The great authority for the history and injustice of lettres de cachet is Mirabeau’s Enquiries concerning Lettres de CaHιet and State Prisons, written in the dungeon at Vincennes into which his father had thrown him by a lettre de cachet. It is one of the ablest and most eloquent of his works, had an immense circulation, and was translated into English with a dedication to the duke of Norfolk in 1788. See also Mercier’s Tableaux de Paris (ed. 1783), vol. vii. chap. 588, and numerous stories in Linguet’s Bastille, and especially in the Bastille dévoilée (1790).
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