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Suppressing the Arbitrary: Political Jansenism in the French Revolution and the Abolition of Lettres De Cachet, 1780-1790

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Suppressing the Arbitrary: Political Jansenism in the French Revolution and the Abolition of Lettres De Cachet, 1780-1790 Suppressing the Arbitrary: Political Jansenism in the French Revolution and the Abolition of Lettres de Cachet, 1780-1790 Adam Hunt, Florida State University Jansenism, a reform Catholic movement underpinned by Augustinian theology, played a fundamental role in French Revolutionary politics. Characterized by a religious controversy that spanned over a century, Jansenists clashed against both Jesuits and the papacy that condemned the reform movement after 1713 through the press and Parlement. The religious strife culminated in 1764, when the Jansenist faction in the Parlement of Paris pushed to formally dissolve the Jesuit order in France.1 Although many historians think that few Jansenists remained in France after the Jesuit expulsion, some remained and even played important political roles in Parlement.2 Religious Jansenism exhibited stark intellectual differences from the political manifestation of Jansenism: the devout broadly accepted the erasure of free will by original sin, efficacious grace, and later some observed figurism—bearing witness to the foretold troubled times of Unigenitus. While the hold of Jansenist theology faded during the eighteenth- century, political Jansenism in the Parlement of Paris continued to exert influence after 1764.3 Intellectually distinct from the reform movement, the Jansenists in Parlement—informed by Gallicanism, parliamentary constitutionalism, and Jansenist theology—pursued political objectives into the French Revolution with 1 Dale K. Van Kley, The Religious Origins of the French Revolution: From Calvin to the Civil Constitution 1560-1791 (New Haven, CT: Yale University Press, 1996), 158. Hereafter cited “Religious Origins.” I would like to thank both Rafe Blaufarb and Daniel J. Watkins for their support and critique. All translations are my own unless otherwise indicated. 2 For arguments that suggest Jansenism declined or disappeared after 1764, refer to James Collins, The State in Early Modern France (Cambridge: Cambridge University Press, 1995), 250; Joseph Byrnes, Priests of the French Revolution: Saints and Renegades in a New Political Era (University Park: Pennsylvania State Press, 2014), 41. By contrast, Catherine- Laurence Maire, “Aux sources politiques et religieuses de la Révolution Française: Deux modèles en discussion,” Le débat 130, no. 3 (2004): 144-5 makes the argument against Dale Van Kley that Jansenism was nothing more than a fervent religious revival devoid of politics. 3 Dale Van Kley, Religious Origins, 60, 92. For Jansenism in Parlement, refer to Dale Van Kley, The Jansenists and the Expulsion of the Jesuits from France, 1757-1765 (New Haven: Yale University Press, 1975), The Religious Origins of the French Revolution: From Calvin to the Civil Constitution 1560-1791 (New Haven: Yale University Press, 1996), and The Damiens Affair and the Unraveling of the Ancien Regime, 1750-1770 (Princeton: Princeton University Press, 2014). For recent scholarship on Jansenism and Revolutionary origins see Mita Choudhury, The Wanton Jesuit and the Wayward Saint: A Tale of Sex, Religion, and Politics in Eighteenth-Century France (University Park: Pennsylvania State University Press, 2015). Suppressing the Arbitrary: Political Jansenism in the French Revolution 13 support from the Jansenist press, the Nouvelles Ecclésiastiques.4 This article encompasses the Jansenist campaign to abolish lettres de cachet from 1780 until their final abolition in 1790.5 The campaign highlights the ways in which the politicization of religious conflicts in France provided a context for the crafting of intellectual and legal arguments to abolish lettres de cachet. The article traces the two key threads of the campaign: propaganda pieces crafted in the Jansenist press Les Nouvelles Ecclésiastiques and principled arguments made by Jansenist barristers in the Parlement of Paris, Parisian cahiers de doléances (lists of grievances), and the National Constituent Assembly. The religious context of Jansenist arguments opened an avenue to critique absolutism and furthered the development of French law during the early-revolutionary period. Lettres de cachet, executive royal orders signed by the king and countersigned by his ministers, date back to an ordinance published by Phillipe V in 1318 and gradually became referred to as lettres de cachet due to their distinguishing seal, or cachet.6 Lettres de cachet as legal instruments used for political and social regulation appeared under the tenure of Louis XIV.7 From Louis XIV to the French Revolution, the king and his ministers authorized lettres de cachet to settle family disputes and dispose of political dissidents, including members of Parlement, by exiling or imprisoning their targets indefinitely.8 In 1790, the National Constituent Assembly finally abolished lettres de cachet after the deputies declared them to be contrary to personal liberty and arbitrary because they embodied absolutist oppression as executive power left unrestrained by courts.9 Lettres de cachet were not viewed in such a negative manner until the late eighteenth century due to their practical application in domestic spaces. In particular, noble patriarchs during the Old Regime supported lettres de cachet. Fathers could have their sons and daughters exiled or detained to prevent them from squandering family fortunes and to avert public scandals. In a letter addressed to Monsieur Lenoir, the Comte de Mirabeau wrote that his father imprisoned him with a lettre de cachet due to his “debts, or for the kidnapping of [Sophie, the Marquise] de Monnier.”10 The Comte’s excessive spending of his father’s money and the kidnapping of a woman he was not married to both reflected poorly on the Mirabeau name. In his father’s case, the preservation of the Mirabeau family’s reputation and fortune necessitated a lettre de cachet.11 In 4 Dale Van Kley, The Damiens Affair, 173-4. Les Nouvelles ecclésiastiques ou mémoires pour servir à l'histoire de la constitution Unigenitus, or simply, Les Nouvelles Ecclésiastiques translates to the Ecclesiastic News. This title will also remain in French. 5 Lettres de cachet translates to “letters of the seal” but will remain in French throughout the article. 6 André Chassaigne, Des Lettres de Cachet sous l’ancien régime (Paris: Arthur Rousseau, 1903), 15-17. 7 Phillipe Negrin, La réforme de la lettre de cachet au XVIIIe siècle (Paris: Émile Larosse, 1906), 7. 8 Ibid; Julian Swann, Exile, Imprisonment, Or Death: The Politics of Disgrace in Bourbon France, 1610-1789 (Oxford: Oxford University Press, 2017), 107. In addition, see Brian E. Strayer, Lettres de Cachet and Social Control in the Ancien Régime, 1659-1789 (New York: P. Lang, 1992). 9 Jeanne-Marie Jandeaux, “La Révolution face aux ‘victimes du pouvoir arbitraire:’ l’abolition des lettres de cachet et ses conséquences,” Annales Historiques de la Révolution Française 368 (2012): 43-4. 10 Honoré-Gabriel de Riqueti, Le Comte de Mirabeau, “Lettre II,” in Œuvres de Mirabeau: Lettres à Sophie, ed. Joseph Mérilhou (Paris: Lecointe et Pougin, 1834), 15. 11 Arlette Farge and Michel Foucault Le désordre des familles: Lettres de cachet des Archives de la Bastille (Paris: Gallimard, 1982) provides a more expanded account of how Journal of the Western Society for French History 14 Hunt domestic situations such as these, noble patriarchs had little reason to oppose lettres de cachet. After Louis XIV imposed Gallicanism by situating priests under the direct authority of Gallican bishops—French bishops with more authority over priests than the pope—lettres de cachet could be used to exile and detain priests in the same manner. Nonetheless, the onset of ecclesiastic regulation generated an upsurge in criticism towards lettres de cachet. Louis XIV’s imposition of Gallicanism in France conceived of a legal means to deploy lettres de cachet against priests in the Edicts of 1695 and 1698. Dale Van Kley discusses that the roots of Gallicanism lay in medieval debates over the papacy’s claim to temporal domain—the authority of the pope to exercise secular, political powers in Catholic kingdoms. In contrast to supreme papal authority, or ultramontanism, Gallicanism maintained both the worldly sovereignty of the French monarch and the independence of the French Catholic Church in relation to the papacy.12 The Declaration of the Clergy of France in 1682 formally outlined the principles of Gallicanism. This declaration reinforced the curtailing of papal oversight in France and upheld the Gallican Church’s capability to judge doctrine concurrently with Rome.13 By virtue of Gallicanism, Louis XIV issued the Edict of 1695 that placed the priesthood under the authority of Gallican Bishops and Archbishops. Articles ten and eleven forbade non-beneficed clergy from preaching, performing sacraments, or hearing confession without the authority of the Bishop or Archbishop of the Diocese.14 Three years later, the Edict of 1698 permitted Bishops and Archbishops to “order, if necessary, priests and other clergy…to retreat to seminaries for up to three months…regardless of appeal,” and in special cases indefinitely, by lettres de cachet.15 In sum, these two Edicts embodied Gallicanism by augmenting the authority of French Bishops at the expense of the papacy. Under this criteria, lettres de cachet were not used on Jansenists until after the promulgation of the papal bull Unigenitus. lettres de cachet regulated families. Even the Third Estate began to frequently request them over the course of the eighteenth century; Matthew Gerber, Bastards: Politics,
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