Evolution of Penal Law and Royal Power in 17th-Century France: The Marquise de Brinvilliers Affair
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French penal law, 17th century, Marquise de Brinvilliers, royal power, justice system, Ancien Régime, penal policy, nobility, poisoning affair, centralization
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Abstract
Explore the intricacies of 17th-century French penal law through the lens of the Marquise de Brinvilliers trial, a landmark case that exemplifies the repressive justice system and royal power centralization of the Ancien Régime. Discover how this infamous affair not only highlighted the shortcomings of ordinary judicial procedures but also served as a catalyst for transforming the legal system, reinforcing royal control over justice and society. Uncover the complex interplay between penal law, customary practices, and political organization that defined the Weltanschauung of 17th-century France, and understand how the affair of the poisons became a pretext for strengthening royal authority and marginalizing political opposition. Dive into the historical context and gain insights into the evolution of penal law, the role of royal power in shaping justice, and the cultural representations that underpinned the Ancien Régime's legal system.
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[...] In its procedural part, the penal law of the 17th century is marked by the absence of distinction between the phase of investigation and of judgment. The judge presides over the investigation and has a wide discretionary power. The investigation procedures are initiated on [...]
[...] In J. Petitfils The Enigmas of French History (p. 129-144).24 - F.Collard (2009). Notes. Power and Poison History of a Political Crime from Antiquity to the Present Day (p. 295-348).25 - Visconti, P. (2015). Year 1680. Memoirs on the Court of Louis XIV (1673-1681) (p. [...]
[...] In addition, these cases correspond at the time when Louis XIV consolidated his absolutism in giving orders to the police secret to monitor the nobles, in accelerating and making justice more severe by limiting the powers of local lords over their jurisdictions thus in asserting its role as the sole holder of justice23. Illustration of a mutation of feudal justice to a centralized royal justice, in the hands of Louis XIV24. The use of poisoning for these purposes is strategic because it allows for manipulation of collective fears, being invisible, inscrutable, amalgamated with the sorcery and heresy, suppressed by the morale and religion, this allows for then spectacular executions and justifies surveillance or detention of suspects25. [...]
[...] 89-114.6 - Juliete Dumasy-Rabineau, 'The View, the Proof and the Law: The Illustrated Views of the Late Middle Ages', Historical Review, vol no pp. 805-8317 - D'Aubert, F. (2014) The Affair of the Poisons. Colbert The Usurped Virtue (p. 413-426).8 - L. SAUTTER, Study on the Crime of Poisoning, Medical Thesis, Paris, Giard and Brière p. 239 - G.Callemein, A Cruel and Secret Crime. Poisoning before the Royal Justice (1682- 1789) PUR, 202110 - Armand Colin, (2012). Chronology. France in the 17th Century (p. 128-141). [...]
[...] Convicted for empoisonnement, she embodies in fact the rigor of a royal justice marked by the absence of guarantees for the defense, the use of torture and the spectacular execution of penalties8. Poisoning is then perceived as an exceptional gravity because it triggers a collective fear, particularly with the 'chamber ardente » of Colbert, court of justice to try these crimes. But also perceived as a crime foul and pernicious, justifying increased repression9. The Marquise, accused of poisoning with préméditation on these brothers and his father in order to inherit their fortune, constitutes a criminal of exception. Without forgetting the influence of religion and morality on criminal law. [...]
