Princes and Poisoners: Studies of the Court of Louis XIVFunck-Brentano, Frantz
History
Princes and Poisoners: Studies of the Court of Louis XIV
Funck-Brentano, Frantz
France -- Court and courtiers; France -- History -- Louis XIV, 1643-1715; Poisoners
The court sitting at the Arsenal resumed its labours on May 19, 1681,
but on the condition laid down by the king that nothing further should
be done in regard to the declarations in which Madame de Montespan had
been involved. On December 17, the facts which he had wished to keep
from the knowledge of the judges reappeared with new force at the
examination of La Joly. Louvois at once wrote to Bazin de Bezons, the
fellow-commissioner of La Reynie, instructing him to be careful to put
all these declarations into separate portfolios not to be shown to the
judges. La Reynie in fact perceived that the difficulties of the Court,
in regard to a regular performance of its duties, were increasing from
day to day, and it was not long before he understood, and made his
colleagues see also, that the mere fact of the suppression of the report
containing the replies of Filastre under torture rendered it impossible
to investigate legally the cases of the principal prisoners. This he
clearly demonstrated in notes really admirable in their outspokenness
and sound judgment. And to measure their dignity and courage, we must
remember that his words were addressed directly to Louvois and Louis
XIV. But Louis' character was not great enough to allow him to sacrifice
his pride to the public good, to consent to such a humiliation in the
eyes of his subjects and of Europe. He adhered to his veto on the
communication of the Montespan documents to the Chambre. On his part, La
Reynie remained inflexible, refusing to allow a case to be tried in
which the whole of the documents were not submitted to the court. Yet
something had to be done: a Chamber must be either open or shut.
After having done everything possible to enable justice to follow its
course in complete independence, so as to reach the guilty however
high-placed they were, La Reynie indicated the only solution which would
permit the magistrates--since they were not allowed to fulfil their duty
to the full--not to fail in so much of their duty as lay in the limited
field still open to them.
There were at that time in France tribunals in which judges sat, and
_lettres de cachet_ which operated without legal formalities, at the
mere command of the king. Elsewhere we have shown how, almost at the
same period, d'Aguesseau, the most illustrious of French judges, asked
for _lettres de cachet_ in the course of a case in which he was engaged.
Like d'Aguesseau, La Reynie might have said: 'I am not accused of a
fondness for extraordinary ways and a hatred of the forms known to
justice, yet I find here many reasons for having recourse to orders from
the king' (_lettres de cachet_).
Public-domain text, read in full here on John Shaqi.
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