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Lettre de cachet : ウィキペディア英語版
Lettre de cachet

''Lettres de cachet'' ((:lɛtʁ də kaʃɛ), lit. "letters of the sign/signet") 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 appealed.
In the case of organized bodies ''lettres de cachet'' were issued for the purpose of preventing assembly or accomplishing 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 despite that parlement's refusal to pass it.
The best-known ''lettres de cachet'', however, were penal, by which a subject was imprisoned without trial and without an opportunity of defense (after inquiry and due diligence by the Lieutenant De Police) in a state prison or an ordinary jail, confinement in a convent or the General Hospital of Paris, transportation to the colonies, or expulsion to another part of the realm, or from the realm altogether. The Lettres were mainly used against drunkards, troublemakers, prostitutes, squanderers of family fortune, or insane persons. The wealthy sometimes petitioned such ''lettres'' to dispose of unwanted individuals, especially to prevent unequal marriages (nobles with commoners), or to prevent a scandal (the Lettre could prevent court cases that might otherwise dishonour a family).
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. In 1789 and 1790, all cases were revised by a commission which, remarkably, confirmed most of the sentences, confirmations that indicate that the Lettres were not as arbitrary and unjust as they have been represented after the Revolution,〔Claude Quetel, ''Les lettres de cachet - une légende noire''〕 and the historian Claude Quetel hence speaks of a ''Légende noire''.〔a Black Legend is set of historical exaggerations construed to darken the memory of a historical period〕
==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."〔Norman F. Cantor, ''The Civilization of the Middle Ages'' 1993〕
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.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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