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).
‘His Majesty being unwilling to give the Chambre cognisance of certain facts,’ he wrote on April 17, 1681, to Louvois, ‘or that it should try certain prisoners and certain accused parties, reserving them to himself because of their importance, to deal with them through his own justice and the other means he proposes to make use of, it seems to me that we can arrive at the end the king is aiming at by very simple methods, and there can be no objection since the commissioners of the Chambre will have no knowledge of the matters concerning which they are not to be judges.’
What was required, according to La Reynie, was to give up the investigation of the cases of those who had knowledge of facts implicating Madame de Montespan; and since it was impossible to try them according to the rules of justice, to be satisfied with imprisoning them under lettres de cachet in the royal fortresses. In face of the attitude taken up by La Reynie in refusing to proceed to a judgment which would violate the traditional forms and the securities they granted to the accused, the king and his ministers had perforce to yield.
La Reynie enumerates a long list of the criminals charged with monstrous crimes who hoped by this means to escape the rigour of trial, the anguish of torture and death by the stake or the gibbet, and he adds:—
‘There are 147 prisoners at the Bastille and Vincennes; of this number there is not one against whom there are not serious charges of poisoning or dealings in poison, and further charges of sacrilege and impiety. The majority of these criminals are likely to escape punishment.
‘La Trianon, an abominable woman, in regard to the nature of her crimes and her dealings with poison, cannot be tried, and the public, in losing the satisfaction of an example, is no doubt losing also the fruit of some new discovery and the total conviction of her accomplices.
‘Nor can the woman Chappelain be tried, because La Filastre was confronted with her: a woman of large connection, long devoted to the study of poisons, suspected of several poisonings, continually practising impieties, sacrilege, and sorcery; accused by La Filastre of having taught her the practice of her abominations with priests; deeply implicated in the case of Vanens.
‘For the same reasons, Galet cannot be tried; although a peasant, a dangerous man, and dealing openly in poisons.
‘Lepreux, a priest of Notre Dame, engaged in the same practices as La Chappelain, accused of sacrificing the child of La Filastre to the devil.