Observations sur un manuscrit intitulé Traitté du péculat

Anonymous first edition. This work is listed as no. 2023 in the bibliography of Elzevier editions (Willems, Vol. II). For the author's identity, see Barbier, Dictionnaire des ouvrages anonymes.
Contemporary full limp vellum binding with yapp edges. Smooth spine. Faded manuscript title in red ink to spine.

A lawyer from Le Mans and nephew of the philosopher François de La Mothe Le Vayer, Roland Le Vayer de Boutigny (1627-1685) was admitted to the Parlement of Paris in 1645, became maître des requêtes in 1671, and served as Intendant of the Généralité of Soissons from 1682 until his death in 1685. He was the author of literary works including the tragedy Le Grand Selim (1645), the novel Tarsis et Zélie (1665-1666), as well as several political and legal treatises.

These Observations are among the texts he composed in support of Nicolas Fouquet's defence, in which he took part during 1663-1664. Peculatus—the embezzlement of public funds by an official entrusted with their administration—was punishable by death under Roman law, but not under French law. This distinction lay at the very heart of the trial of the Superintendent of Finances, for whom the prosecution demanded the gallows, although the proceedings ultimately resulted in exile and confiscation of property. Examining a manuscript entitled Traité du péculat, Boutigny discusses the legitimacy of capital punishment, the sentence of banishment, and the development of French law on the subject.

The text was later reprinted at the beginning of the collection Œuvres de Mr Fouquet (Paris, Veuve Cramoisy, 1696), of which it constitutes the opening volume.

“Sous l'Ancien régime, que de ministres ont été condamnés pour péculat et concussions ! Que de chambres de justice ont été instituées pour faire rendre gorge aux financiers qui pillaient le trésor, de complicité arec les surintendants des finances !”

(Dictionnaire de droit criminel, Doucet).

The Traité du péculat caused considerable controversy, and Boutigny was accused of defending Fouquet. It was for this reason that he composed these Observations in the form of a dialogue, examining the validity of capital punishment, banishment, and the history of French law relating to the offence of embezzlement of public funds.