THE ARGUMENTS OF Monsieur Herard, FOR Monsieur the Duke of Mazarin, AGAINST Madam the Duchess of Mazarin, His SPOUSE. AND THE FACTUM FOR Madam the Duchess of Mazarin, AGAINST Monsieur the Duke of Mazarin, Her HUSBAND. By Monsieur de St. Euremont. LONDON: Printed for C. Broom, at the Gun, at the West End of St. Paul's Churchyard, 1699. THE PREFACE THE Reader may perhaps wonder, why at this time of day he is troubled with the Particulars of a Contest, which by its standing may reasonably have been long since superannuated and forgotten. But, besides that those that retail Ink have usually a different Opinion of their own Performances from the rest of the World, and consequently Reasons to themselves, that 'twould be hard to convince others of, I was induced by two Considerations to make this Piece free of our Tongue. One is, that 'tis the only public Specimen of the manner of Pleading in France, and perhaps the compleatest, that could have been procured of their Bar Eloquence, which it may be worth while to compare with our own, which is not so easily to be done in different Languages: The other is, that it contains a Defence of the Duchess of Mazarin, written by Monsieur St. Euremont, whose Works need no other Character, or Recommendation than his Name. I thought it pity, that any thing of his should be denied to the English Reader, at a time, when all the rest of his Works are Reprinting in English, with large Additions, never before Published in any Language. I could not doubt the Welcome, that the Productions of his Pen would find from those, that gave all his former Pieces so just, and so kind a Reception. A more particular Account perhaps may be expected of Monsieur Herard, whose Plead make up the greatest part of this Book; but, besides that I know nothing of him more than I can collect from his own Plead, 'tis sufficient for the Reader to know, that he was an Advocate retained by the Duke, and had no other Interest in the Cause, than his Fees, or his Reputation as a Pleader at most. Nor will the Violence of his Declamation, his hard Insinuations, and gross Reflections upon the Duchess surprise those that are acquainted with the Practice of the Bar; they know, that all this bustle is not for nothing, and that Gold will purchase a Wind there, surer than in Lapland. As for his Performance, scarce any thing of Antiquity is more Artificial; his Charge is amplified, and exaggerated with the Vehemence and Boldness of Demosthenes, and his Suggestions insinuated with the Art, and Address of Tully. I don't pretend to equal him to either of those matchless Orators, whom he may be allowed to fall very far short of in their several ways, and yet excel; but I may venture to say, that he has not unsuccessfully Copied the Manner, and Graces of 'em both, at least as far as the Modern way of Pleading, and the Genius of the French Nation and Language, will permit. I shall not here attempt to forestall the Satisfaction of the Reader, by entering into a Comparison between the French, and English Barr. I shall leave that to himself, who ought to have the Liberty of judging for himself, in order to which I lay before him the means. I shall only take the Liberty to observe one thing to him, which will, if We shall be found to come tolerably near 'em, turn the Scale very much on our side; that is, that all their Plead, as appears by these, were studied, laboured Discourses, compiled at Leisure, and spoken without Interruption; which must needs give 'em a vast Advantage, both in the Composing and Delivery, against our Lawyers, who perhaps Read their Brief over the first time at the Bar, and Argue the Case Ex tempore. This Method, tho' it may spoil the Eloquence of our Plead, prevents the puzzling of the Cause by the Intricacy, which the false Colours of a studied Harangue might Introduce. One thing more I ought to take notice of, which may seem to require an Apology, which is, that I should by this Version promote the spreading of these Plead, which are in a manner so many Libels, not only upon Madam Mazarin, but upon our King, and Nation. I might indeed have left out those rude, unmannerly Passages relating to our King, and Country; but, besides that as a Translator I could not justify such a Liberty, I could not discover any Reason so to do. For when we consider out of what Mouth these Opprobrious Speeches come, a Mercenary French Advocate's, a professed Enemy of our Religion, and Nation in general, and our King in particular, with whom his Master was then at War, and who alone gave a Check to his Ambition; while they had amongst 'em another Prince, whose Pretensions upon our Crown, they used their utmost Endeavours by Arms to enforce upon us: What he has said, no more affects the King, or Nation, than the Yelping of senseless Curs does the Moon, or the old Woman's tit for tat, the Thunder, which she farted against. But for another reason those Passages could not be omitted, because they show the true Spirit and Genius of the Advocate, and in some Measure of the whole French Nation, or at least of the Court, when such things come seriously to be pleaded before a solemn Bench of Justice, and obtain the King's Privilege to be Printed. Neither could they have been left out without injuring Madam Mazarin, since by such an Omission, I should have Represented the Duke's Advocate as a Man of more Candour than he is, and thereby perhaps have added weight to his False, and Injurious Insinuations concerning her. As for the rest of his Harangues, I think it no way to the Dutchesses' Disadvantage, that they should be seen to all the World. For notwithstanding all the Art, that is used to conceal it, the Poison is too apparent for the Dose to go down; or if any incautious Person should swallow it, the Antidote is ready at hand to expel it. One Advantage the Duchess gains by these Declamations against her, which is, that the Truth of her Memoirs is incontestably established. For they have not contradicted 'em in one material point of Fact, except in the Story of the Bishop of Frejus, which the Duke purges himself of, as well as he can, by a simple Negation. All that his Advocate insists upon is, that the Duke has not used her ill enough to warrant a Separation according to form of Law. Now he will allow nothing to be a justifiable Cause of Separation, but Cruelty; by which he means downright breaking her Bones. As if causeless Jealousy, and Confinement, studied Affronts, Vexations, Frights, and Fatigues, were not Cruelty enough to a Lady of her Quality, and Fortune, that brought him 1625000 l. Sterling, and made him the richest Subject in Europe. His Advocate is pleased to dignify his Spleen, and Enthusiasm with the Name of Devotion, which never suffered him to put a value upon any thing, that deserved it; and consequently drove from him, that Treasure of Beauty, and Wit, which all Europe knew how to Esteem, but the stupid Possessor. But I shall not attempt to prepossess the Reader; let him hear both sides, and judge amiss if he can. THE Duke and Duchess OF Mazarin's CASE. The ARGUMENT For MONSIEUR, the Duke of Mazarin, Plaintiff. Against MADAM, the Duchess of Mazarin, his Spouse, Defendant. THE CASE. MAdam, the Duchess of Mazarin made an Elopement from the House of her Husband, and has left the Kingdom ever since the Year, 1667. After having been in divers Countries, she settled at London, under the Pretence of the Honour which she had to be related to the Queen of England. But their Britannic Majesties being obliged by the Revolt of their People to quit England, and retire into France, Monsieur the Duke of Mazarin solicited his Wife to return into the Kingdom, and to his House, offering to receive her, and forget all that was passed. She obstinately refused: Whereupon he presented a Petition, and caused it to be Argued before the Great Council, till an Order was obtained, That during the unjust Elopement of the Duchess, and her obstinacy in absenting herself from her House, and from the Kingdom, she should be deprived and divested of her Dower, and Right of Alimony. To these Conclusions, at the beginning of the Cause, it was added, That it should be at the Discretion of the Council, to allot her a certain time to return into France, and to her Husband's House; after which she should incur the Penalty of this Sentence without further delay, or Judgement to be given. He demanded further, That it might be lawful for him to seize her wherever he could find her, and to cause her to be conducted to his own House. THE ARGUMENT OF Monsieur HERARD. GENTLEMEN, AFTER the Information you have received from the Mouth of the Public, of the Causes of Complaint given by Madam Mazarin, to Monsieur the Duke of Mazarin, for two and twenty years past, of her Elopement out of the Kingdom, and her long Absence, of which I shall open the Circumstances; I doubt not but you will be equally amazed at the Indulgence of Monsieur Mazarin, who endeavours to recover a Wife by whom he has been so unworthily treated; and at the obstinacy of Madam Mazarin, who refuses the Grace offered by her Husband, and makes more difficulty of forgetting the Injuries she has done him, than he of forgiving 'em. How many Husbands would have had so much Tenderness for a Wife, that had so far provoked 'em? How many would have shut their Gates against her, and, being in the Flower of their Years, deprived of the Sweets of Conjugal Society by her Caprice, would at least have given themselves the Liberties and Diversions of a single Life, at an Age when they were most agreeable? On the contrary, How many Wives are there, who after having so highly offended their Husbands, from whom they had received nothing but Honourable Treatment, would earnestly wish'em so well disposed to accord 'em a Title they so little deserved, and allow 'em the benefit of a Sacrament, the Conditions of which they had so ill observed? How happy would many think themselves, to find after so many Rambles, so many suspected courses in the Houses of their Husbands, an honourable Retreat, a safe Harbour from the Scandal of their past Lives? I doubt not, gentlemans, but this would be the very Sense of Madam Mazarin herself, nor but that she could easily resume that Esteem and Affection which she formerly had for Monsieur Mazarin, if she listened to her own Reason and Interest, rather than the malicious Advice of one of her Family, whose hatred Monsieur Mazarin has the misfortune to lie under, without having drawn it upon himself. These are not the first Tracks of this Enemy of his Repose, which he has discovered. You see, GENTLEMEN, by the Pieces which I have communicated to you, that by this dangerous Relation, Madam Mazarin was instigated to revolt, and favoured in her Escape; and 'tis but too apparent, that 'tis he that still keeps up in her this humour of Separation, and hinders her from taking the Advantage of the good Disposition of my Client, to a Reconciliation. Monsieur Mazarin therefore does not impute so much to Madam his Wife the Injuries she has done him, her Coldness, and her apparent Slights, as to those, that have infused this Humour into her; And this consideration alone has induced him so easily to pardon her without requiring any other Satisfaction than that she would return home, and mend her Conduct. He avows likewise, that while she offered him the most cruel Outrages, he always took pains to justify her to himself; and that he has ever preserved a tenderness for her, that has baffled all her violent efforts to tear it from him: Judge therefore, GENTLEMEN, how dear she must needs be to him, would she but return to her Duty, and resume the Place due to her in his House, and which is the only one that she can fill with Honour. But, since she is deaf to the Voice of her Husband, since through ill Advice she is obstinate in her denial of what is due to him, and to herself, he is obliged to have recourse to you, gentlemans, who know her true Interest better than herself, that your Prudence may supply the deficience of hers; that through the fear of those Pains, which she has made herself obnoxious to, she may be compelled to accept those Advantages which are offered her; and that you may, by a Law, oblige her to that which would be her sole desire, if she knew her own Interest. He desires you to re-establish betwixt his Wife, and him, that Commerce, which is the Principal End, and makes all the Happiness of Marriage; that you would knit again those Sacred Knots; that you would reunite two parts of the same Body which have been long since disjoined, and can find no true repose, but in their Coalition. As this Cause is altogether serious, and of the highest Importance, not only to Monsieur Mazarin, but to the Honour of the Public, I shall handle it with that Sobriety, that it requires; and to conform to the humour of Monsieur Mazarin I shall decline, as much as possible, the saying any thing that may offend Madam Mazarin, or occasion the Public to make any Reflections to the Prejudice of her Virtue. Monsieur the Cardinal of Mazarin, that Minister so enlightened, and so powerful in Wealth, and Authority, apprehending the approach of his End, was solicitous to find a Man, whom he might make Heir of his mighty Estate, and Name, one that might worthily support the glory of the latter. For this purpose he cast his Eyes upon the Lords of the Court of the greatest Merit and Quality, for he might choose whom he pleased; there not being one, who would not have been extremely proud to have been his Choice. After having well considered 'em all, he pitched upon Monsieur de la Meilleraye, and offered him Mademoiselle Hortensia de Mancini his Niece in Marriage, with a great part of his Wealth, and the hopes of succeeding him. This Minister, who wanted no Penetration, must needs have beheld him with other Eyes, than those which Madam Mazarin (or rather those that possess her) would have us look upon him with. The Judgement of so great a Man is a sufficient Apology for my Client, a Testimony of Proof against all the Calumnies that this Cabal have spread in the World upon him, and which have been received in it, only through a malicious Pleasure, that the common People take in hearing Scandal, and Raillery, especially when it falls upon People that have the Reputation of Piety, and a more regular Life than other Men. Monsieur the Cardinal inserted one Article extraordinary into the Marriage Settlement; he does not give immediately to his Niece alone the Estate, which he settles upon the future Couple, but he gives 'em jointly to Monsieur, and Madam Mazarin; and to strengthen his Gift, he in that very Clause of Gift expresses two Motives, one relating to Monsieur the Duke of Mazarin, the other to his Niece. And in Consideration, says that Clause, of the choice he has made of the aforesaid Lord, her Husband, that is to be, to bear his Name, and Arms, and to testify his Affection to the said Lady his Niece, and in favour of the present Marriage, he gives to the said Lord and Lady, future Spouses, etc. These are the express terms of the Clause. This, GENTLEMEN, ought not to be looked upon as a mark only of the particular Esteem, that the Cardinal had for Monsieur Mazarin, but as a means also to bind Madam his Niece more firmly to the Husband, which he had chosen for her, and to oblige her to a greater dependence upon him, as well knowing the inconstant humour of the Lady. In one point he has given Monsieur Mazarin an advantage above her. For having settled the Reversion of his Estate by a perpetual Entail, which equally took away from either of 'em, the Power of alienating i●; He order that in case Monsieur de Mazarin should survive her, he should enjoy the whole, altho' he should Marry again; § 50000l, Sterling. but on the contrary, if she survived him, she was to enjoy but to the value of § 600000 Liures. Monsieur the Cardinal was so satisfied with his Choice; and the Conduct of Monsieur the Duke after Marriage, so strongly confirmed him in the great Esteem he had for him, that he gave him fresh Marks of it in his Will. He made him joint Executor with his Duchess of his whole Will, and therein repeated again the former Condition: That in case Madam Mazarin died before her Husband, he should remain in Possession of the whole Estate; but she being the Survivor, should enjoy the Interest only of six hundred thousand Livres, to which she had by the Marriage Settlement been reduced, without being capable of receiving any manner of addition, or augmentation to this allowance by the general Legacies. Monsieur and Madam Mazarin lived together in perfect good understanding, and tasted all the Felicity of a happy Match for near seven years. They had several Children, the birth of which ought to have united 'em more strictly, especially since the extraordinary Gifts, and Graces of these Children were manifest Arguments of the peculiar Blessing of Heaven upon their Match. But after seven happy years of Peace, the Poison of Discord crept in betwixt 'em upon this occasion. Monsieur Mazarin had the misfortune to fall under the displeasure of Monsieur the Duke of Nevers, without having ever offended him. Whether this Aversion were the effect of any natural Antipathy, or whether it arose from the despite conceived by Monsieur de Nevers, at seeing a Stranger share with him the Spoils of his Uncle, and to see him even preferred to himself in his last Will, and chosen by Monsieur the Cardinal for the chief support of his Name and Family. Monsieur Mazarin has always looked upon Monsieur the Duke of Nevers, as the main Instrument of the Separation of Madam Mazarin from him; he is persuaded, that 'twas he, who urged by his hatred, and perhaps by some motive of Interest, and the hopes of being their Heir, which he was appointed to be, in case Monsieur and Madam Mazarin had died without Issue, had changed the Affections of his Wife, and infused that Contempt into her, which has since been so notoriously apparent. And Monsieur Mazarin has been farther confirmed in this Opinion by the hand which Monsieur de Nevers had in the carrying off Madam Mazarin, by all the Measures he has taken since, and by his present Conduct. The first and main aim of Madam Mazarin since she gave herself up to be seduced, has been always to withdraw from the Presence, and dependence of her Husband. She could have wished, that either by some Violence, or Menaces, he would have given her a Pretext to sue for a Divorce. But the mildness of Monsieur Mazarin, and the respect he always paid her, not only out of Affection to her Person, but also out of a regard which he will ever have to the Memory of his Benefactor, having taken away all colour for such an Action, she contented herself to form in the Year 1666, a demand for a Division of Effects. Not that she had any hopes of succeeding in her Suit: The regular Oeconomy of Monsieur de Mazarin, the Moderation he always observed in his Expenses, and the vast Estate he was then possessed of, covered him sufficiently against such Attempts. The sole design of Madam Mazarin was to furnish herself with a Pretence to abandon her Husband's House, while the Suit was depending. This succeeding for a while, she retired to the Nunnery of St. Marry; but the Religious being soon weary of her Conduct, in a few Months she took a progress through three Convents more, which edified as little by her, as the former. In short, gentlemans, her Relations being at a loss where to lodge her any longer, proposed an Accommodation; and caused both Parties to sign a mutual Obligation, wherein 'twas agreed, that Madam Mazarin should return to the Palace of Mazarin; but that during the Process, she should be lodged in a separate Apartment. The first Exploit she did, was to open a Passage through the Wall, between Nevers House, and her Apartment, through which she went and came at all hours of the Day, or Night, without passing through the Palace of Mazarin. But this was not all; for through this Breach she conveyed away all the Plate, and richest Furniture of her Apartment, which amounted to an immense Value. At the Expiration of the Term of the mutual Obligation, when the Cause of Separation was ready to be heard, she truly foresaw that 'twas impossible it should go for her. Monsieur Mazarin was too far off (what is called) Vergere ad inopiam, falling into want, which is the Case, in which the Law allows a Partition of Effects. Matters standing thus, she had recourse to her last Stratagem. 'Tis with Grief that Monsieur Mazarin is obliged to revive this unhappy Story; but since the absence of Madam Mazarin, which is the Subject of our Complaint, is the consequence of her being carried away, it makes a necessary part of the matter before you, and may be of great weight in the Decision of it. Besides, this Story is already so public, that the recital which I shall make will contain nothing new, to the greatest part of the Audience here present. Madam de Mazarin in the Habit of a Man, attended by one only of her Women in the same Dress, came through the Communication aforesaid, into Nevers House, where Monsieur the Duke of Nevers her Brother, who waited her coming, took her into his Coach, and conducted her to a Stage before appointed by him, where he left her under the Guard and Conduct of some of his Domestics, and those of another Person of the first Quality, who died some years since of the most Tragical Death in the World, whose Name the Council will, I hope, give me leave to pass over in silence. The Captains of her Convoy, and Principal Conductors, were a Valet d● Chambre, and one of Monsieur the Nevers' Gentlemen, one named Narcissus, and t'other Parmillac. The Duke of Nevers had taken care to have fresh Horses laid all along the Road, that she might leave the Kingdom with more Expedition. This Escape was made on the 13th. or 14th. of June, in the Night, in the Year 1667. All the next day, her Women pretended, that she was indisposed, and at rest, and suffered no body to come into her Apartment, so that Monsieur de Mazarin was not informed of her flight till the Night following. Never was Anguish comparable to that of Monsieur Mazarin; he procured the King's Orders to all the Governors, to stop her passing the Frontiers, and caused her to be pursued with all the diligence imaginable. But she having the start by four and twenty hours, and travelling exceeding swift, rendered all the Care and Diligence of Monsieur her Husband, ineffectual. Monsieur de Mazarin brought an Information for a Rape against all the Accomplices: And here I must entreat you, gentlemans, to take notice, what Respect and Honour he shows for Madam Mazarin, in not suffering any Information to be brought, or any Decree to be given directly against her; he desired no more in relation to her, than liberty to recover her, which was granted. By these Informations it was fully proved, that Monsieur the Duke of Nevers was assistant in this Rape. I am sorry, upon the account of the Respect I have, not only for his great Quality, but for his Personal Worth, that I am forced to rake into these matters; but they are of too great importance to my Cause, to be passed over in silence. Warrants were issued out against his Domestics, and Personal Process decreed against himself, and the other Person of Quality: A Contempt was prepared, and ready to be adjudged, when Monsieur de Nevers presented himself to Examination. All these Proceedings are yet in the hands of the King's Council. Monsieur de Mazarin perceiving, that these Processes were not likely to regain Madam de Mazarin, which was all that he aimed at, and upon which account only he began 'em; but that on the contrary, the continuance of 'em did but exasperate the adverse Party, and render 'em more indisposed for a Reconciliation; let drop his Suit, and left the accused in quiet. I shall not amuse myself about a Relation of the several Voyages that Madam Mazarin has made, the different Climates she has visited, nor the Adventures she has met with; such a recital would neither be for her Honour, nor his Satisfaction. And so far is he from entertaining the Public with any such things, that he uses his utmost Endeavour to conceal 'em from himself, and to raze 'em from his Memory; which the Presence and sincere reunion of Madam would entirely effect. 'Tis sufficient to inform you, that she went first for Italy, from whence she returned privately to France, and lay some time concealed; that her next remove was into Savoy, and thence after some Months into the Dominions of the King of Spain; and that at last she retired into England, where she has made her longest abode. For the two first years, Monsieur Mazarin, who still hoped for her Conversion, returned considerable Sums to her, besides what she carried away with her. But at length touched to the quick at her obstinate refusal to return, but more at the ill Reports, which she had occasioned of herself, which yet he was so wise, and so happy, as not to believe; and knowing the King of England gave her a yearly Pension of 58000 Livers, in Consideration of the Sum of 300000 Crowns, which he owed to Monsieur Mazarin, he put a stop to his returns. The King of England dying, and his Brother the Duke of York ascending the Throne, he had the Bounty to continue her Pension to Madam Mazarin, upon the account of the honour she had to be related to the Queen his Consort. While the King and Queen of England remained in peaceable Possession of their Realms, and had their Court at London, and by their Presence, their Zeal for the true Religion, and their Pious Declaration restored the free Exercise of that Religion, Monsieur, the Duke of Mazarin contented himself in secret to bewail the scorn, and hardness of his Wife's Heart. He suspended his Right, and moderated his Resentments, out of Respect to the Protection which their Majesties afforded Madam Mazarin, and out of that Veneration which he testified for their Sacred Persons; to be near which, even Strangers born in the remotest Climates might be drawn and retained by a pure Admiration of their Heroic Virtues: And tho' he knew that her Presence was in no wise necessarily conducing to the re-establishment of Religion at London; that her way of living there was not likely to give the Catholics much Reputation of Sanctity; that she observed but ill the wise Advice the King and Queen honoured her with; and that she considered less their Persons, than the uncontrolled Liberty and Pleasure she enjoyed in their Country: Yet he was willing to be cheated by a Pretence so specious, and that bore so honourable an Appearance. But the Revolution which fell out in England a year ago, has taken away that false pretence; and not only deprived her of all excuse for any longer stay in London, but it has laid fresh Obligations upon her to return into France, besides those of her particular Circumstances. Matters are come to that pass in England, that 'tis no longer lawful for a Catholic, a French Man, nor scarce for an honest Man to stay in London; much less for a Person loaded with the Favours of the King and Queen, and one that has the honour to be allied to 'em. The stay which she has made there since that time, (and which 'tis evident she designs to make there all the rest of her Life, if you, gentlemans, don't compel her to leave it,) has plucked off the Mask, and discovered the real Motives that drew her to, and keep her still at London; and at the same time shows how little worthy she was of the Protection the King and Queen honoured her with. If she had any Affection for their Persons, any Gratitude for their Bounties, or indeed but a bare Sense of Honour or Religion, she ought to have followed 'em. Could she see, without horror, the Usurper of their Kingdoms, and the Enemy of our Faith, establish his Dominion upon the Wrack of their Legitimate Throne, and the ruin of the true Religion? And so far from seeking (as she did) Grace in his Eyes, to obtain his leave to stay in a Place which she ought to fly; or from labouring to be excepted from that general Law which banished all Catholics, ought she not to have prevented it by a voluntary departure? Let her not pretend her Debts were any impediment; I shall show in due Place, the fallacy of that Excuse; as likewise of those pretended Debts themselves. Let her tell us nevertheless, who hindered her from going, when so many English-born Catholics left their Country, and sought Refuge in France; the greatest part of whom must needs have Debts more considerable than hers? With what Face can we be told that she had not Liberty to go, when she scarce had leave to stay? Have not we here, and all the World, heard of it? And was she not informed by the Votes, and Gazettes of England, of the Efforts of the Convention to drive her thence; and their Addresses to the Prince of Orange, that he would order her to be gone? Did they lay any condition upon her? Did they order her to be detained till she had paid her Debts? No, they desired of her only, the favour to be gone: Madam Mazarin was forced to call to her Assistance, the Power of the Prince of Orange, and procure Licence from Authority to stay. What an Indignity is it for Madam Mazarin to prefer a Country that labours to be rid of her, before the House of a Husband that longs for her: England in Flames, the Theatre of Rebellion and Heresy, before France Peaceable, Flourishing, and Catholic: The Court of an Usurper, before that of the greatest, and justest Prince in the World; and that for this she should implore an Authority, which she ought to have in abhorrence; that she should seek support from him, that came unjustly to dethrone her Benefactors? With a becoming assurance we must needs be told after this, of the unseparableness of Madam Mazarin from the Queen her Relation and Protectress, and that made the reason of her almost twenty years' residence in England. Monsieur Mazarin, after having given Madam his Duchess time sufficient, since the revolt of that People, to return into France, seeing her resolute to continue in London, against all those reasons that require her return; and being moved at the Peril to which her stay in England exposes both her Person and Religion, as she herself says in her defence, has at length resolved to try by your Authority, to effect that, which the Instances of the Convention of England could not. He has presented his Petition to the Council, to declare her deprived of her Settlement during her unjust Retreat, and her obstinate Absence from him, and from the Kingdom. But that you may see his design is not to gain her Estate, but her Person, he at the same time presents another Petition for leave to seize her, wherever he can find her, and to convey her to his own House. And, I know his Mind so well, that I venture to add, without fear of having it disavowed by him, That altho' Madam Mazarin has sufficiently incurred the Penalty of Privation of her Settlement by her Flight, and by her Contempt, Monsieur Mazarin would be highly satisfied that she should avoid it by an immediate return to him, or within such limited time as you shall prescribe: But on this express condition, That on her default of returning within the time by you appointed, she shall by Virtue of your Sentence, without occasion for any other, remain divested and deprived of her Dower, and Settlements. This, GENTLEMEN, is our demand, of which I shall lay you down the means; after which it will not be difficult to overthrow those incidentally formed by Madam Mazarin. The End of the First Hearing. THE Second Hearing OF Monsieur HERARD. GENTLEMEN, HAving laid the whole matter of Fact before you at the last Hearing, it remains that I now settle the means of my demand; and, since Master Sachot urges me to insist upon the rigour of my Petition, and will allow no Moderation, I shall endeavour to satisfy him, and show you just cause to declare Madam Mazarin deprived of Dower, and Alimony; and that her past Conduct does but too well justify such Deprivation. In order to which, I hope to prove, that 'tis the usual Correction given to Wives, that abandon their Husbands without lawful Cause, and break that indissoluble Society out of Levity: That this Punishment is adjudged by the Roman Law, which is conformable to the Intentions of the Laws of France, and Authorised by the Practice of all the Courts. There are two Cases wherein the Roman Law deprives a Wife, that divorces herself from her Husband, of Dower and Alimony. The first is, when she withdraws, and divorces herself from her Husband without just cause. The other is, when a Wife by her ill Conduct gives her Husband just cause to divorce himself from her. The Emperor in the 22d, and the 117th Novels, explains what those just causes are; Si Mulierem adulteram inveniat (this, Heaven be praised, is none of our case) But he immediately subjoins, aut Viro nesciente, vel etiam prohibente, gaudentem conviviis aliorum virorum nihil sibi competentium; vel etiam invito viro citra rationabilem causam foris pernoctantem, nisi forsan apud proprios parents. I am very well aware that this does not extend to Wives, who may accidentally eat with other Men, or lie a few Nights out of their own Houses, but to those only that make a common Practice of it. In either of these cases the Law determines, That the Restitution of her Portion, and all Advantages that she may claim by virtue of her Marriage, shall be denied to her: The reason why the Law in this case submits her to the same Penalty with an Adultress is, because if these disorders be not a demonstrative proof of her being debauched, they amount to a violent suspicion at least; and for the satisfaction of a Husband, 'tis not enough that his Wife be free from the Gild, unless she behave herself so as to keep clear of the Scandal. Tali aliquo facto, dat lex haec licentiam viro abjicere mulierem, si vel harum unam, vel solam probaverit causam, & lucrari quidem dotem, antenuptialem vero habere donationem. Cujacius upon one of these Novels uses these Expressions: Paenae dissidii sunt; mulier, quae absque probabili causa discedit a marito, vel quae discedendi causam marito praebet, dotem amittit, & lucra nuptialia. I suppose, GENTLEMEN, That't will not be alleged, that our Wives are not obliged to have the same respect for and dependence upon their Husbands, or so much regularity in their Conduct as the Roman Ladies. They have, I confess, in France, somewhat more of that honest Liberty, which offends not against Modesty; we are not so severe as that People, in matters simply Innocent. But we dispense no more than they with the essential Obligations of Marriage, nor connive at what may give just ground to suspect 'em of a Crime, which is so solicitously concealed, and of which we can judge only by appearances. To grant that, were to wrong the purity of the Age we live in. It was objected to me at Parquet, that these Penalties were established by the Roman Law, only in case of a legal Divorce, which the Law of those times allowed, which employed a total Dissolution of the Marriage; and that such Divorces being no longer allowed, the Penalties inflicted on the Woman that gave occasion for, or practised it, could no longer be retained in use. But on the contrary, I maintain, That if they punished Violations of the Rights of Matrimony in such a manner, at a time when they were not sufficiently acquainted with the dignity of it, when they scarce looked upon it as more than a civil Contract; they ought to be more severely chastised now, when the dignity of the Sacrament is better known, and its Rights are become more sacred. I maintain, that if a Wife shall abandon her Husband, or fall into those disorders mentioned in these Laws, since she can no longer be punished by Repudiation, which was but one of the Penalties which by those Laws she incurred, she ought at least to suffer all the other which they annexed to it. Otherwise we must avow that the Roman Laws have too severely provided to vindicate the Honour of Husbands, and Matrimony, or ours not enough. The former gave the injured Husband double Vengeance, and double Consolation, the one in ridding him of a disorderly Wife, the other in giving him her Portion; so that at the very same time she injured him by a causeless desertion, she repaired it by leaving him his Liberty, and her own Fortune. Will they pretend, that we by raising the Value, have impaired the Obligation of Matrimony, and the right of Husbands? Will they say, that because a Wife is more straight, and inseparably bound to her Husband, that therefore she may with impunity abuse him, fail of her Duty, and commit without fear all those Enormities which these Laws punished with Repudiation, and loss of Dower? Were not this to judge very hardly of our Policy, and could there be any thing more dangerous than such an Impunity? GENTLEMEN, Let us apply these Maxims to the case before us; Madam Mazarin is a delinquent both those ways; which demand a Privation of Dower. First, She has given, and still continues to give Monsieur Mazarin such cause of Complaint, as would heretofore have empowered a Husband to turn off the Wife; and keep the Portion. Mulierem, viro prohibente, gaudentem conviviis aliorum virorum nihil sibi competentium, Is not this Madam Mazarin? Virorum nihil sibi competentium, Those Gamesters by Profession, those Milords who eat constantly, and pass whole days, and part of their Nights with her. Is this fit Company for her? Is there any sort of Men, with whom she ought to hold less Correspondence? Vel etiam invito viro foris pernoct antem. Madam Mazarin has not only spent Days and Nights so, but Weeks▪ Months, and Years. Monsieur Mazarin therefore, according to these ancient Laws, has a right to put away his Wife, and detain her Fortune. But since our Religion permits not the former, the Law is for that reason the more necessarily bound to relieve him otherwise, and to preserve to him the other mean to compel his Wife to return to her Duty, or to punish her Disobedience. Secondly, Madam Mazarin is guilty of the other Fault, which these Laws punish likewise with loss of Dower; she has, as far as in her lay, causelessly divorced herself from the Duke. She has not, I must confess, made a true divorce, taking the word in its strictest Signification, for a nullity of Marriage, because the Law has put that out of her Power; but she has made a divorce in Fact, much worse than the other; because being his Wife, she lives as if she were not so; and robs him of the Pleasure of Conjugal Society, without easing him of the Bondage of Matrimony. But if you please, GENTLEMEN, to reflect upon the Circumstances of this Absence, this Divorce, you will find that all Circumstances concur to aggravate it extremely, and call for the utmost severity of the Laws. First, How did Madam Mazarin make her Elopement from her Husband's House? In the Night, disguised in the Habit of a Man, through a Passage which she had caused to be opened into the adjoining House; after she had conveyed away all her Plate, all her silver Stuffs, and the rich Furniture of her Apartment, she at length causes herself to be conveyed away. But by whom? 'Tis true, the Duke of Nevers her Brother, just lent her his hand, and parted from her; but he left her in the hands of one of the most gallant, handsomest young Lords in all the Court, who was no Relation, who furnished her with Equipage, laid Horses necessary for her Escape; and having born her company some days, left one of his Gentlemen, and part of his Retinue to convoy her out of the Kingdom. Can it be denied, that all these Circumitances of her Escape are extremely Criminal in themselves? May we not suspect some greater Crime, and believe that she has but ill preserved that Treasure, which by the danger she wilfully threw it into, she appears to value so little. Would not a Husband, that had the least spark of Jealousy, look upon such an Elopement as demonstrative proof? Would not the Judges themselves have been amazed, had this Suit been prosecuted? And ought not Madam Mazarin to be extremely obliged to Monsieur Mazarin for the Justice which he does her, and the favourable Thoughts he has all along entertained of her Virtue, in spite of the imprudence of her Conduct. Second Circumstance; When Madam Mazarin left her House, did she retire to any Monastery, or any honourable House in the Kingdom? No! She left France to ramble over the World, and carry her Shame and her Husband's all over Europe. Third Circumstance; How long has Madam Mazariu absented herself from her Husband's House, and from the Kingdom? Is it one of those short Separations, which the Lawyers call Frigusculum, which ceases as soon as the first Emotions are appeased. 'Tis now full Two and Twenty Years, that she has persisted in her revolt from the Authority of her Husband, in her alienation from her Duty, and in her indifference to her Country, and Children. Is it not time that the Magistrates should interpose their Authority to oblige her to that, which the Sense of Nature, the love of her Country, and the consideration of her Duty and Honour ought to have exacted from her long ago? There is yet one Circumstance more; Has Madam Mazarin since her Elopement, lived with that Modesty, and Retirement, that Decency requires of a Woman that is forced to quit her House, her Family, and Country, by domestic Discontents; which they would make us believe to be her Case? I shall upon this occasion take notice of nothing, but what is public, and which I should labour in vain to conceal. Madam Mazarin left France to set up a Basset Table in London, to make her House a public Ordinary for Gaming, and all the loose Practices which Gaming draws after it, or rather serves as a colour for. And shall the Magistrates behold this Scandal and Disorder, without applying any Remedy? Shall not the Law be able to punish, and vindicate a Husband affronted to that degree? Nothing can be more injurious to the Honour of the Public, than such a Supposition: Nothing more repugnant to the Nature of the Laws of France. Divers of our Customs, as that of Normandy, Article 376, and that of Britain, Article 430, declare expressly, That if a Husband dies during the Elopement of his Wife, without Reconciliation, she shall lose her Jointure, and other Settlements, upon the bare complaint of her Husband's Heir, altho' no suit were commenced in his Life-time. Judge then, gentlemans, What in proportion the Woman ought to suffer, that runs away, as Madam Mazarin did; and absents herself from the Kingdom two and twenty years, and still continues deaf to the Complaints of her Husband. In the Canon Law, the Authority of which amongst us in Matrimonial Cases is well known, We have a positive Determination in this Case: 'Tis in the Chap. Plerumque decretal. de donation. in't. Vir. & Vxor. Si Mulier ob causam Fornicationis judicio Ecclesiae. This is the first case; Aut propria voluntate a viro recesserit. See the second, Nec reconciliata postea sit eidem, dotem, vel dotalitium repetere non valebit. This Chapter ranks her that causelessly deserts her Husband, with her that is convict of Adultery; it looks upon both these Injuries as equal, and punishes both alike with loss of Dower, and Settlement. In short, 'tis plain, consider it how we will, that such a Desertion ought to be punished in a Wife with such a Deprivation. For first 'tis not to be denied, that 'tis a manifest Opposition to the Engagements, which by her Marriage Contract she entered into; and an absolute Infraction of the Conditions of that Contract. Now 'tis a certain Maxim, that he that runs counter to the Conditions of a Contract, and fails to perform his part of the Obligation, loses the Benefit of it, and can claim no right under it: By consequence, the Restitution of Portion, the Right of Jointure, and Participation of Effects appertaining to a Wife only by virtue of her Marriage Contract, the C●onditions of which she has broken, sh● ought without dispute to lose all title to 'em. If the Law be so severe upon Widows, that marry before their year of Mourning be expired, only because so precipitate a second Match looks like a disrespect to the Memory of the dead Husband; if they punish this Fault not only with loss of Estate, but with Infamy likewise; What Correction can be too severe for a Wife, who shows so much contempt of her Husband while alive, and persists in it so many years? If the Son, who is wanting in his Respects to his Parents, or who abandons them, and refuses to return at their desire, renders himself unworthy to Inherit: If a freed Man, by the least affront to his Patron, lost his Liberty, and Estate: If a Vassal amongst us, by injuring, or not acknowledging his Lord, forfeits his Fee: When a Wife, who is undoubtedly obliged by stricter Bonds to her Husband, than to her Father, or Mother; to pay more Respect than a freed Man to his Patron; and more Honour, and deference, than a Vassal to his Lord: When this Wife, I say, violates all her Obligations, when she disowns him, when she shows an open Contempt of him, can a less Punishment than deprivation of Dower, and of all those Rights that depend on Matrimony, suffice? You see therefore, GENTLEMEN, by all these Reasons, there is but too much cause to pronounce Sentence against Madam Mazarin. All that was alleged at Parquet, in defence of her Desertion, and long Absence, was, that the Novelle, which deprives Women of their Dower for absenting themselves from the Houses of their Husbands, has this Exceptian, Nisi forsan apud proprios Parents; Madam Mazarin, say they, is hereby manifestly excepted, for she retired to London near the Queen of England, to whom she has the honour to be related: They pretend, that so August a Name, not only excuses her Absence, but justifies her Conduct, and protects her from all manner of suspicion. I shall not throw away my time, GENTLEMEN, in canvasing the Signification of Words, proprios Parents; tho' they have always been understood of Relations in the Ascendant Line, and not the Collateral. I shall readily agree, that a Relation clad in the Regal Purple, how far soever removed in Blood, may well supply the place of a Father, and with preference be allowed the same Privilege: I shall grant likewise, that if it be in some sense true, that Sovereigns have no Kindred, that the Glory which surrounds 'em, divides 'em from those to whom Nature had joined 'em, and cancels the Obligations of Blood; that 'tis no less true, that they become to their whole People in general, what they cease to be to particulars; their whole State becomes their Family, and they are the common Fathers, not only of their own People, but of all that they please to adopt; that is to say, to take into their Protection. Nor shall I here insist, that this Exception in the Novelle, is to be understood of a short absence only, of a Wife that spends a few days with her Relations, and that the Law did not extend this Favour to those that remained from their Husbands ten, fifteen, or twenty years, tho' with a Father or Mother. But my main answer is drawn from the manner of Madam Mazarin's living with the Queen of England. First, did the Queen invite her to London? Did she desire her Company? Did she detain her with her? On the contrary, had Madam Mazarin followed her Advice, she had never left her Husband; or at least, she had made a quick return. Chance brought her to London, after having visited an infinite number of other States; or rather she was led thither by a desire to be parted from Monsieur Mazarin by the Sea, that she might not inhabit so much as the same Continent with him. ● Her good Fortune threw her upon the Queen of England, who was willing to receive her, and charitably to tender her hand to her, in hopes that her Presence, her Advice, and the Deference that Madam Mazarin ought to have for her, might moderate the violence of her Resentments. But what use has she made of this Grace? How has she lived near that Great Queen? Was she assiduous about her Person? Did she imitate her Charity, and Piety? Did she follow her Example in any thing? Nothing could be more opposite. The Queen devoted herself wholly to the care of Salvation, and Eternity, and the Exercise of our Religion. Madam Mazarin gave herself up to the Follies of the Age, and seemed to have no aim but to ruin herself and others. The Queen made it her business to gather the Elect into her Palace, and turn it into a House of Prayer, and Edification. Madam Mazarin made her House a public Rendezvous for Gaming, Pleasure, and Galiantry; a new Babylon, where People of all Nations, Sects, and Tongues marched confusedly together under the Standard of Luxury, and Fortune. The Queen laboured to relieve the Necessitous, and knock off the Fetters of Prisoners: Madam Mazarin to plunder the Rich, and make 'em her Captives. The Queen descended from her Throne to humble herself at the Feet of God's Altars, and to pay him that Worship, and Adoration, which are his due: Madam Mazarin idolised herself, sought Adorers, and exacted a profane, criminal Worship from 'em. Do you call this being with the Queen of England? You were farther off her, than Heaven from Earth; and your Conduct divided you more, than your abode in London brought you together; and this very Honour of seeing her, and enjoying her Protection, aggravates your Gild. How can you excuse the having such great Examples before your Eyes, without attempting to follow 'em; at least imperfectly, and at a distance; for few can come near 'em; the having lived in her capital City, only to raise an Altar to Belial, on the very spot where that Princess raised one to the true God; the having placed the Idol of Dagon so near the Ark; the having applied yourself, as much as in you lay, to combat by your Life those Holy Maxims, which she established by hers? Had you lived with that Sage Queen, as you ought to have done, you would not have been so averse to return to Monsieur Mazarin: His way of living is not by abundance so different from the Queens, as yours. You would at least have learned not to make a Monster of the Piety of your Husband; you would have learned to come over to his Opinions; and besides the Authority of a Husband, to have revered in him, the Character of an Elect, which you make the Subject of your Mockery, and the reason of your Separation. But which way can the Names of the King, and Queen of England, be made use of to excuse the Escape, and Absence of Madam Mazarin, after what I have had the Honour to observe to the Council at the last Hearing? While she lives in the same Tranquillity at London since their departure, that she did in their peaceful Reign; while she pays the same Incense to the Prince of Orange, that she offered to them, with as much baseness and unworthiness, as it was Honour to her, to pay that Respect which she owed to them. What Excuse has she now? Is the Prince of Orange her Kinsman? Are all these Gamesters, Libertines, Presbyterians, Episcopians, Quakers? In a word, are all this Rabble of all Religions, except the true one, which resort to her House, her Relations? Let her show these unknown Alliances. But there are none; 'tis only to have her Swinge uncontrolled, that she stays there. GENTLEMEN, by this time, I presume, you are convinced, that there never was any case, that with more reason required the rigour of the Law: Never any Woman that more amply deserved to be declared incapable of Dower, or Settlement, than Madam Mazarin. But if your Indulgence still holds your Arm, what greater Favour can you afford her, than to suspend the blow some Months, and give her time to repent, and return to her Duty. But if, instead of making a right use of this Grace, she continues obstinate, and to the slight of the Conjugal Authority, adds a Contempt of yours; what Punishment can be too severe? It is therefore but just, if you will allow her any time to return to Monsieur Mazarin, that you at the same time declare the Penalty she incurs, in case of Disobedience; and pronounce her ipso facto deprived of Dower, and Settlement, by virtue of this Judgement, without occasion for any other. You must needs be sensible, GENTLEMEN, that this is the only way to procure Obedience to your Decrees; and that without it, whatever Commands you lay upon her to return, she, being out of the King's Dominions, beyond which you can exert no Authority, will but laugh at your Orders: Since therefore your Power does not extend to her Person, you must necessarily exercise it upon her Estate, if you will compel her to regard your Sentences. This course was taken by the Parliament upon an occasion, wherein 'twas much less necessary, and against a Woman that less deserved it than Madam Mazarin. 'Twas in the case of the Count of Clermont against the Countess his Wife. She had not been so long withdrawn from her Husband, as Madam Mazarin from hers: She went from him in a manner no way scandalous, without being carried off: She was in Paris, not England, and her Conduct was much more prudent than Madam Mazarin's: She had likewise a plausible reason not to return to her Husband, because She had a Suit actually depending for the Separation of Effects. Yet because She appeared to protract the Suit, the Count of Clermont demanded, that She should be obliged to return to his House during the Process, or otherwise remain deprived of her Settlement, which was accordingly ordered. The like Judgement was also obtained by Torinon, the Notary, against his Wife, altho' there was an actual Separation of Effects, and the Separation adjudged, and executed▪ You see therefore, that Judgement against Madam Mazarin can by no means be dispensed with, in case She obstinately refuses to return to Monsieur Mazarin. I believe, GENTLEMEN, that my Demand is sufficiently fortified; I shall now proceed to obviate the incident demands of Madam Mazarin. She dares not openly declare, that She will not return to France; She knows, that She can't with Honour avow any such thing, much less maintain it with success: She declares therefore, that She is ready and desirous to do it, but She at the same time endeavours to elude her offer, by the Conditions which She tacks to it. She alleges first, that She is detained in England by her Debts, which She has been forced to contract, and which amount to * 8333l.— 6s.— 8ds. Sterling. 100000 Livers; that if Monsieur Mazarin would have her, he must pay that Summ. She demands likewise, that he be condemned to it, that She may quit a Country, where, as She says, for these are her Words, She can't stay without endangering both Life, and Salvation. She says nothing of her Honour, or Reputation; those She thinks safe in all Countries. You see, GENTLEMEN, that She sets Monsieur Mazarin a price upon the honour of seeing her, and that She rates it pretty high: 'Tis plain, that her Intention is only to baffle his design, well knowing, that in the present posture of his Affairs, he can't raise so great a Sum of ready Money, and that 'twill not be easy to borrow it for that use. In short, gentlemans, I shall show you, that these Debts are but a shame Pretence, and that She has nothing to detain her in England, but her own perverse Will. To do this, I desire you to make some Reflection thereon. The first respects the time, when Madam Mazarin bethinks herself of saying, that she is willing to return into France. upon condition that Monsieur Mazarin may be obliged to discharge, and pay her Debts. This She did not think on till the Tenth of the last Month, in her Answer to Monsieur Mazarin's Petition. Till than she was not aware of the design she had to return into France, or of her being detained in England for her Debts; She lived undisturbed at London, not only after the departure of the King and Queen, but even after the Petition of Monsie●● Mazarin, which bears date the 13th of April last. Seven Months were requisite after this Petition, to make her feel her own Wants, and the Impatience She lay under to quit▪ a Country, where (according to her own words) her Salvation and Life were in such Danger. 'Twas necessary, that her Council at Paris, who drew her Answer, should inform her how things went at London, before her Eyes, in her own Concerns, and even in her own Breast. Had not this been, and had She not been pressed to put in an Answer to the Petition of Monsieur Mazarin, which was ready to go by default, She had not only not perceived that She was in Debt, and that her Life was in danger, but She had continued agreeably, and commodiously there, and France had been forgotten for ever. I doubt not, gentlemans, but this Remark has already satisfied you, that neither the Condition, nor the Intentions of Madam Mazarin are such, as She would persuade us they are. The second Reflection, which is yet more convincing than the former, is, That ever since the departure of the King and Queen, it has lain wholly in the Breast of Madam M●●●rin whether She would return, or not, and is still in her choice. Upon reading her Defence, would not one conclude, that She were a close Prisoner in London, or that she had a Guard upon her House at least? Yet there is nothing like it: We don't hear, that they have made so much as a seizure of her Goods; which if they had, She might, by letting them go, purchase her own Liberty; and Monsieur Mazarin never expected that She would bring back, what She carried away from Mazarin House. They have indeed produced an English Certificate, signed, as they say, by a Sergeant at Law, and a Barrister of the City of London. But it certifies only, That by the Law of that Country, the Creditors of any Stranger might stop his Effects, and Body, and proceed so against him, that he should not have the liberty of stirring out of the Kingdom, till he had paid his Debts, or given Security. These are the Terms of the Certificate. What may we infer from hence? Why, that the Creditors of Madam Mazarin have perhaps a power, to stop her, if they please; but so long as they don't exert it, as assuredly they have not yet done, nothing hinders her leaving England. I have already, GENTLEMEN, observed to you in the former Audience, that they were so far from stopping her, that the Convention, or Assembly of Estates did their utmost to expel her; and that She had not been suffered to continue there, but through the Interposition of the Prince of Orange. What is it then that detains her? Is it a tenderness of Conscience that will not suffer her to leave her Creditors in danger of losing their Debts, or the fear of being taxed with the breach of her word, if she should go without paying? But were it not a just excuse, to plead that She went away to put an end at once to the Complaints of the Convention, and Monsieur Mazarin? Had not this Niceness, and these Scruples been much more seasonable when She took up her Resolution of running away from the Palace of Mazarin? Who could imagine, that Madam Mazarin should make a difficulty of leaving England, because She owes a little Money to the English, that made none of stealing herself from her Husband, and the Kingdom, to which She owed all, to go into England? Does She think these pretended Debts more sacred than the Obligations of Wedlock, which She has so highly outraged, and which incessantly recall her? But let us inquire a little into these pretended Debts: you shall see, GENTLEMEN, not only that She could not have any Legal ones, but that in reality She has not contracted any. 'Twere no hard matter to prove, that supposing Madam Mazarin had contracted Debts, that they are Null, and can neither oblige her, nor Monsieur Mazarin. In the proof of this it may be sufficient to observe, that She is a Woman under Covert Baron, and by consequence incapable of obliging herself without the consent of her Husband. Madam Mazarin herself has so far acknowledged her own Incapacity, not only of contracting, but even of sueing without the Authority of her Husband, or a Court of Justice, that, as you know GENTLEMEN, She has formerly presented her Petition to the Council for leave in this very case, to draw up against him such incident Demands, as She should think necessary for her Defence: And the Council has expressly authorised her for that purpose, judging, that without that She was not in capacity to engage herself in these pretended Debts. It is not enough to say, that this were a good Argument against Debts contracted in France, but that our Laws, which disable a Wife for entering into Obligations, are of no force in the Kingdom of England. For first, the Council knows, that to judge of any Person's Capacity of contracting, the Laws of the Place of his Habitation only are consulted; and by those Laws the State of his Person is regulated; and wheresoever he goes, he carries along with him those Personal Qualities, that Character of Capacity, or Incapacity, which they impress upon him. By consequence, Madam Mazarin being Married under the Laws of this Kingdom, and having her Mansion always here, notwithstanding her Ramble, She bears her Subjection to the Authority of her Husband about her every where; and before whatsoever Judges these Obligations may be brought, they can't but declare 'em Null, pursuant to the tenor of our Laws. The English, or other Strangers, who may have contracted with her, aught to have informed themselves of her Condition: They ought to have known, that a Woman Married in France, who has a Husband actually living, has not by running away, shaken off her dependence, or acquired any right of disposing of her Effects; and therefore they ought to thank themselves for those Loans. And I am persuaded, that the Judges of England would in this case do her the same Justice, that the Council, and other Sovereign Tribunals of this Kingdom do every day to Strangers, whose Differences are brought before 'em. I question not likewise, but these Obligations are void by the particular Laws of England; which, as we all know, are derived from those of the Normans, who have always used their Wives to a greater Subjection to their Husbands, and laid 'em under a more absolute Prohibition from entering into Obligations, than the rest of our Country: But this is a superfluous enquiry, since 'tis indubitable that Madam Mazarin is subject to the Laws of France, and that her Subjection and Incapacity of contracting is inseparable from her wherever She is. It is not enough, GENTLEMEN, to prove to you the Nullity of these pretended Debts, I shall farther prove to you, that they are supposititious. First, What probability is there, that Madam Mazarin should have occasion to borrow? She carried off with her above 100000 Crowns in Jewels, Plate, Silver Stuff, and rich Movables, which be sure She would first turn into Money, before she came to borrowing. Besides this, as I have already told you, Monsieur Mazarin remitted to her divers Sums in the first Years of her Absence; and as soon as She set foot in England, the deceased King allowed her a Pension of 58000 Livers a Year, in consideration of the Sum of 900000 Livers which he owed to Monsieur Mazarin; and this Pension was continued to her by the present King of England. Will Madam Mazarin, who never kept either Horses or Equipage in London, say, that She is not able to subsist on this Pension? Without reckoning the Advantage (not so honourable as real) which She makes of those that play daily with her, and which amounts higher than one would imagine. Can it be possible, that with so considerable an Income, She should be reduced to a necessity of borrowing? Would not this argue her of an inexcusable Profuseness, of which we are not willing to suspect her? But if it bened probable, that She should have any occasion to borrow, it is much less so, that She should find any Lender's of so considerable a Sum, unless they were willing to lose it, and make her a Present under colour of a Loan. Could any one be so imprudent, as to trust his Money with a Fugitive Stranger under Covert Baron, that could dispose of nothing? Which of us would lend his Money to a Stranger in her Circumstances? These Debts therefore are a mere Sham. Madam Mazarin has not made it apparent, that She is prosecuted by any of her Creditors, as I have already observed; She does not produce Copies of those Obligations, which She pretends to have entered into; nor has She so much as brought in the State of these Debts, or given a List of the Names of the Creditors; Would She have omitted these Proofs, if the Debts had been real? And without 'em can She expect, that upon her bare word, that She owes a hundred thousand Livers, without knowing the occasions of her contracting these pretended Debts, or the Names of her Creditors, we should condemn Monsieur Mazarin to pay her 100000 Livers, perhaps to lavish upon her Creatures, and pay 'em for Services, which Monsieur Mazarin has no reason to reward? But you, GENTEMEN, are too clear sighted, too wise to suffer yourselves to be taken in so palpable a Trap. Let us proceed to t'other incident Demand of Madam Mazarin, She demands, that upon her return into Frante, She be permitted to retire into a Convent, and that the Council award Monsieur Mazarin to pay her * 2000 l. Sterling. 24000 Livers a year. I shall not advance any thing that's new to you, gentlemans, when I say that 'tis a constant Rule in Law, that a Wife can't be allowed the liberty of leaving her Husband, and fixing her abode apart from her Husband, unless he give her occasion for it by his harsh Treatment of her. Thus Anthony Mor●ac observes upon l. 5. Cod. de repud, redire semper cogi potest, nisi doceat de saevitiis mariti. How long soever She may have been absent from him, She may still be compelled to return, because no Prescription will hold against the Rights of Marriage. This has been a Rule in all Ages, amongst all People, and all Religions; even the Pagan's themselves, who were ignorant of the Sanctity of Matrimony, observed it by the mere light of natural Reason: How much more inviolable than ought it to be amongst Christians, who look upon it as a Type of the inseparable Union of CHRIST, and his Church. Madam Mazarin ought to set forth the evil Treatment She has received from Monsieur Mazarin, which may authorise such a Separation of Habitation, as She desires, and make her Husband her Tributary. This is what Master Sachot ought to do; after which, I hope the Council will grant me one hour to defend Monsieur Mazarin from those Accusations which I can't at present foresee. In the mean time I beseech the Council, by way of advance, to make some Reflections upon this Matter. The first is, that Madam Mazarin does so far acknowledge, that She has not sufficient occasion to demand a separate Habitation; that She dares not bring her Action for it; but endeavours to obtain that indirectly, which She can't directly pretend to: She desires, that without a Sentence of Separation, which She dares not offer at, you would separate 'em in effect, by allotting her a Habitation apart from her Husband. My second Observation is, that She could not have from him any ill Treatment, or lawful cause of Separation: Of this I have an undeniable proof from the Fact of the adverse Party herself. At the time when She left her Husband's House, and the Kingdom, She had a Suit actually depending against him for a Separation. But what sort of Separation did She desire? A simple Separation of Effects. Would this Lady, that tried all Methods possible or impossible to withdraw herself from the Government and sight of her Husband, have failed to have brought an Action for Separation of Habitation, which was her most natural way, if She had thought She had the least Pretence to support it? Would She have taken this strange Resolution of running away in a scandalous, criminal manner, which would not only stick an eternal blemish on her Reputation, but had exposed her to the severest Punishments, if She had been overtaken, and Monsieur Mazarin would have left her to the rigour of the Law. 'Tis therefore certain, nor can a more convincing proof be given, that Madam Mazarin at the time of her flight had met with no ill Treatment from Monsieur Mazarin. And this, gentlemans, is a Demonstration of the extraordinary Temper of Monsieur Mazarin; for he must have a vast stock of Patience to bear so long, without being provoked, all the occasions of complaint, that Madam Mazarin gave him during the two last years that they lived together. Nay, I may say, that he has given us an assurance, that he never will be provoked against her, let her do what She lists; for 'tis impossible She should give him greater reason to be so, than She did in those two last years. Accordingly, at the meeting of Parquet, nothing was objected against Monsieur Mazarin, that was worthy the least notice; they did not accuse him of any ill usage: The only thing that Madam Mazarin's Party reproached him with, at which all their Complaints, or rather their Railleries' were levelled, was his Devotion. But was it ever heard, that Devotion was a reason for Separation? It has been pretended, that a Man turning Jew, Pagan, or Heretic, his Wife might separate herself from him, and even procure a dissolution of the Marriage. But may She forsake him for being devout? Must he abjure his Devotion to recover his Wife? This is Doctrine that they will not dare openly to maintain. Yet 'tis all that Madam Mazarin has to object against her Husband, She can't deny, but that he has always carried himself with all possible respect towards her; that he has always furnished her with all that's necessary, not only for the convenience of Life, but for her Pleasure, and the support of her Quality with Splendour. She can't deny, that he has all those Qualities, which make a Man of Honour, and true Merit; Courage, and Valour, of which he gave sufficient Proof, when he was great Master of the Artillery, and Lieutenant General; Constancy, Acuteness, Delicacy of Wit, Greatness of Mind, which makes him despise Wealth, or not desire it, but to distribute it well; great Liberality to the Poor, and as great Moderation in relation to himself: His Absence gives me opportunity to say that, which his Modesty would not suffer, were he present. Madam Mazarin acknowledged all these great Qualities in him for the first five or six years of their Marriage, and paid that Justice to 'em, that was due. 'Tis his Fault I confess, to be religious, and solicitous for the Health of his Soul; a Fault, which would not appear such to any Wife, that were not herself somewhat irreligious. I will own too, if you please, that there may be both in France, and in England, gayer, galanter, sprightlier Men, which have an Air of tenderness beyond Monsieur Mazarin, and more agreeable to the Inclinations of Madam Mazarin; but will that justify the slighting and leaving such a Husband as he? A Wife, that meets with no ill usage from her Husband, should not believe, that there is in the World a genteeler, more agreeable, better humoured Man, than he: And tho' She could not persuade herself of that, yet She ought to consider, that Providence having joined her to him, She is no longer at liberty to choose, nor examine whether another might please her better. She ought to think of those Texts of Scripture, which bind Women inseparably to the Persons of their Husbands; which enjoins 'em to serve, and obey him; which say that they two ought to make but one Flesh. Have we any other Law, any other Gospel, which allows Wives to shake off all Duty upon such frivolous Pretences? How will this agree with that other Precept given to all Christians, especially Husbands and Wives, because a stricter Union is required betwixt 'em, which enjoins 'em to bear with one another's Faults? Is the Devotion of a Husband a Fault so insupportable, that it deserves a peculiar Exception? On the other side, has Monsieur Mazarin nothing to remit to Madam Mazarin? Does She think herself without Faults? We shall not indeed accuse her of that; But has She none, that are opposite to it, and more grievous to a Husband, than that can be to a Wife? If we put the Faults of one, and tother, into the Balance, do you think, GENTLEMEN, that Madam Mazarin would have so much the advantage, and that hers would not surpass his, both in number and weight? Nevertheless, Monsieur Mazarin is willing to excuse, to forgive, and to forget all: He is ready to receive her, and to treat her honourably, as he has always done: Will not Madam Mazarin pardon him this one Crime, Devotion; which most reasonable Women wish for in their Husbands? There is one Reflection on this occasion yet behind; Madam Mazarin refuses to return to her Husband, only because his House is too severely regulated for her, because he will have no Plays in his House, for he does not forbid her seeing 'em elsewhere; in a word, She is afraid of want of Diversion, and the liberty of inviting the Gamesters thither, and receiving as much Company as She desires. These are the only reasons that induce Madam Mazarin to desire permission to retire into a Convent. But does She think, that these things will be more tolerated in a Convent, than in his House? Are not these pretty Dispositions to carry into a Religious House? What can you expect, but an entire Dissolution of Discipline in that Monastery, to which you make so dangerous a Present? What I say, gentlemans, is confirmed by Experiments divers times repeated. Madam Mazarin had already, before She left the Kingdom, honoured several Convents with her Presence. The Abbeys of Lys Chelles, and of the Nuns of St. Mary, and some others, will never forget the honour of those Frolics Madam Mazarin has had there; the Memory of which will be kept up by Tradition in those Houses for many Ages. The Question than is, Whether Madam Mazarin shall go into a Convent, which She will undoubtedly spoil; or return to Monsieur Mazarin, who will endeavour, if possible, to mend her. I doubt not, but you are easily determined in the choice of these two Expedients. I am fully persuaded, that if these two Princes, as great by their Merit, as Birth, who have hitherto afforded her the honour of their Protection, had been rightly informed of the State of the Contest, they would have been very cautious of espousing her Quarrel. They had been told without doubt, of what has been reported in the World, that Monsieur Mazarin had a mind to possess himself of his Wife's Estate, and to that end aspersed her Conduct: But being informed by the Plead which they have honoured with their Presence, that the sole aim of Monsieur Mazarin is to reunite his Wife to him; We are assured, that they will be so far from countenancing her revolt, that they will give her Advice becoming them, and their Wisdom. What Interest can they have to encourage this Vagabond Life in a Person, that has the honour to be their Relation? Or what motive of Justice can induce 'em to rob Monsieur Mazarin of a Wife, which themselves, and all their Family, have solemnly given to him at the Altar? What probability is there, that they should consent to have their Great Names, and Authority made use of to divide those whom the Church has joined, and to destroy the handy work of God? We will not fear any such thing from the Blood of Charlemagne, and Lewis the Great; from the Blood which has always defended the right of Altars, and the Discipline of the Church. Thus, GENTLEMEN, all things invite you to restore Madam Mazarin to her Husband; the Law enjoins it, the Honour of the Public requires it▪ Monsieur Mazarin earnestly desires it. Madam Mazarin alone opposes it, but She opposes it not only without reason, or lawful Occasion, as I have already shown, but even against her own proper Interest. Does She think it nothing by this reunion to put a stop to all those foul Reports, which since her Elopement, Malice has assumed a sort of right to spread concerning her Conduct? Is not She afraid of confirming 'em by her obstinate refusal to return to her Husband, from whom She has never met with any ill Usage? Is not She apprehensive, that the care She takes to fly from him, and hide herself from his Sight, should be imputed to the Reproaches of her own Conscience, and the Shame of her Misdemeanour towards him, rather than the Imperfection of her Husband? But let us leave this Worldly Glory, which Madam Mazarin perhaps despises: She testifies at least some serious concern for her Soul in her Answer, since to avoid the danger that in England 'tis in, She demands 100000 Livers to enable her to come away. This is a laudable Disposition, but we must not leave this great Work imperfect; which it would be, if returning into France, Madam Mazarin lives separate from her Husband, contrary to the Law of God. Madam Mazarin herself will not be long ere She acknowledges the Grace, that you will do her. When She feels that happy Calm, which is not to be found out of that State, wherein Providence has been pleased to place us, She will bless the Storm that drove her into the Harbour; She will thank you for the obliging violence you do her, to draw her out of her Labyrinths. I despair not but in time She will rerecover that Esteem, and Tenderness for Monsieur Mazarin, which She had in the first years of their Marriage: They were too vigorous to be quite extinguished; and the reflection She will make on his Goodness in making the first Advances towards their Reunion, in generously tendering her his hand, and forgetting all past occasions of Complaint and Resentment, which She has given him, will redouble her Respect, and Affection for him. They will find in themselves more Sympathy, than even in their first years: If the Zeal of the Duke in the fervour of its first Sallies had something too rough, and austere, as it usually happens; The Duchess will find it mellowed by time and habitude. And I doubt not, but that on her part, Maturity of years, the Fatigues She has undergone, and the Reflections She has made, have qualified the immoderate Passion for Pleasure, which She then had. But tho' Time should have made no alteration in her Humour, yet I am persuaded, that Monsieur Mazarin, having been so severely punished by a Separation of twenty years, for offering to take the Liberty to correct her, will not attempt it any more, without the nicest Precaution; and that he will pay such an extraordinary Complaisance, as will gain extremely upon the Heart of Madam Mazarin, when She considers how little She has done to merit it. CONCLUSION. I conclude, that the Council would be pleased to order, that during the unjust retreat of Madam Mazarin, She be divested, and deprived of Dower, and Alimony. That it be at the Discretion of the Council to appoint a limited time for her return to France, and to the House of Monsieur Mazarin; after which, upon her default, She shall incur this Penalty by Virtue of your Decree, without recourse to any other; and that Monsieur, the Duke of Mazarin, be permitted to resume her, wherever he can find her, and to cause her to be conveyed to his House; and this without regard to the incident Demands of Madam Mazarin, which shall be rejected. A REPLY TO THE PLEADING OE Monsieur Sachot, In the same CAUSE. GENTLEMEN, IF Marriage were such a Society, as either Party might dissolve, by a simple Renunciation: If a Husband held his Title only by Commission, which might be taken away at his Wife's Pleasure: Or, if we lived in those happy times, which have been with such pleasure dilated on, and seem to be so much regretted, when Women counted their years by the number of their Husbands; and when a simple change of Mind was a sufficient reason for a Divorce; there might be something in what has been urged to you, whereon to ground this Separation, which Madam Mazarin would indirectly obtain. More Zeal could not have been shown, than her Council have made appear in their Plea for a Separation; but the means whereon to ground it according to our Customs, amongst Christians that look upon the Rights of Marriage as Sacred, and this Society as indissoluble; that ill usage which a Husband must show to his Wife, to lay a Foundation for a Separation, is what I have not heard the least offer to prove, through the whole Plea of the adverse Party. I shall venture to say farther, that their way of expressing themselves, confirms what I have had the honour of telling you in the first Audience; that this desire of being removed from Monsieur Mazarin, did not flow from the proper Motions of Madam Mazarin's own Heart, but that She was acted by the Spirit of another in all this matter. This, GENTLEMEN, appears sufficiently in the hard opprobrious terms that have been cast upon Monsieur Mazarin, which could never proceed from the Mouth of a reasonable Woman against her Husband; She ought to complain without insulting, to endeavour to raise the Compassion of her Judges, and not the laughter of the Audience: She ought to lay open the Injuries he does her, and not affect to do him any: She ought in short to acknowledge, and respect in him always the hand of God, which has given him to her for a Master. This Character a Woman of Sense would always maintain in these sort of Actions; and tho' She thought otherwise in her Heart, yet Prudence would forbid her to let it appear. Madam Mazarin would without question have kept up that Character of Moderation, and Sweetness, that is so very natural to her, and that She has for all the rest of the World; and She would have inspired it into those, that She had charged with her Defence, if that had been any part of her Care. She would have avoided dishonouring, without necessity, a Name which She bears; and making that Man ridiculous, whose Honour or Infamy She is by her Condition obliged to share. But what still better proves how little Madam Mazarin is concerned in what has been pleaded to you, is the contradiction between the principal Facts, which they have advanced, and those which She herself has published in her Apology, under the Title of her Memoirs; to excuse that Conduct, which She judged rightly, that all the World would blame. It is not likely, that Madam Mazarin would give Instructions for a Defence to be made before you, so different from that which She has offered to all Nations of the Earth in that History, which is translated into so many different Languages. This, GENTLEMEN, Master Sachot honestly avows, that he has received neither Memoirs, nor Instructions, from Madam Mazarin: And I am very glad, for the Interest of his Client, as well as mine, that he has made this Confession, which justifies 'em both; by informing us that these biting Railleries', these scandalous Charges, the Accusations of Perfidy, Hypocrisy, and Folly, do not come from Madam Mazarin, but are suggested by some Foreign Malice. But Master Sachot must excuse me, if in praising at once his Zeal, and Sincerity, I make bold to complain of his easiness in pleading in the Name of a Wife, so many injurious things against her Husband; not only without the least proof, but even without the least Instructions, or Warrant for it. Methinks a Man so exact as he, that expects that I should produce Monsieur Mazarin's Hand to warrant my saying, that he will suffer his Wife to go to a Play, should be much more obliged to have Madam Mazarin's, to give the Public this Farce at her Husband's Expense; and to make such a satire upon him, as reflects upon herself. But from what hand soever these shafts come, which are let fly at us, 'tis no difficult matter to ensure Monsieur Mazarin against 'em; and to show, that nothing that has been urged against him, in all these Plead, ought to do him the least damage, either in his Cause, or in the Opinion of the World. I might, GENTLEMEN, neglect the Story, as foreign to our Cause as it is false, of 50000 Crowns promised by Monsieur Mazarin, to Monsieur the Bishop of Frejus, to promote this Match; of which, as they say, he has since denied the Payment. But since they have taken occasion from it, to harangue, not only against Monsieur Mazarin, but in some measure against Devotion itself; I think it convenient to acquaint the Public, that this Story is a mere Fiction. As there is no proof offered, a bare denial may suffice; but to give it the more weight, I desire your leave to read what Monsieur Mazarin writes to me hereupon, in a Letter which I received yesterday from him; 'tis well known how incapable he is to assert a Lie, or deny a Truth; and how tender conscienc'd he is in that point; so that I doubt not but the Council will do him the honour to believe him, before Madam Mazarin. Nothing can be more false, than the Agreement for 50000 Crowns, with Monsieur, the Bishop of Frejus; he never said, or stipulated a Word; the late Cardinal Mazarin projected our Marriage, with Monsieur Tellier the Chancellor: 'Tis true, that Monsieur the Bishop of Freius was after made a Confident. Where's the Sense of drolling upon a falsehood, an imaginary breach of Word? Having read this, I shall make but one Remark, which is, that to me it seems very difficult to reconcile the Fact of this Perjury (for so they call it, and such it were, if true) with the Character which they have given Monsieur Mazarin, through all the rest of their Plead. Would a Man, that gives all his substance to the Poor, that sacrifices Millions to purchase Heaven, be guilty of Perfidy, to save 50000 Crowns? You make his Devotion prodigal, and covetous at the same time; charitable, and perfidious, giving profusely where 'tis not due, and refusing basely where ' 'tis. You ought at least to give him a more equal Character, and to sort your Fictions better, if you would have 'em believed. Let us now return to those Facts, which have Relation to our Case. They have passed very slightly over the manner of Monsieur and Madam Mazarin's living together in the first years of their Marriage; because indeed they dare not deny, that they lived in great Concord. Now this is a matter of extreme Importance: For they have told you, and it is true, GENTLEMEN, that Monsieur Mazarin was devout at the time of his Marriage, as he still is. How then comes this Devotion to be so odious to her, after She had born with it for six years together, without the least diminution of her Affection for Monsieur Mazarin? What reasonable excuse can She make for her Elopement, or for the Demand that She makes to be authorised to live apart from her Husband? Monsieur Mazarin's Temper is no way altered, his Sentiments are the same that they were at the time of their Marriage; that golden Age, when they lived in perfect Union. 'Tis therefore Madam Mazarin that is changed; which can be nothing, but the effect of her Inconstancy; had She continued in those good Inclinations, She had with my Client enjoyed the same Happiness and Tranquillity to this day. They pass thence to the time of her Flight; they thought themselves obliged for her honour, to say, that She had suffered abundance before She took up that Resolution: But since these Grievances never appeared, since She never complained of 'em, since She contented herself with a simple Action for a Separaration of Effects; they are forced to pretend, that her silence was the result of her Discretion; that She thought herself obliged as a Mother, to demand a Separation of Effects, to hinder the ruin of her Children; but that She neglected what related to her own proper Ease and Interest only. Here's a very laudable Discretion, that will not suffer Madam Mazarin to tell her Case, and seek Remedy from Justice; yet does not hinder her from running away in the Habit of a Man, with one of the most agreeable, but least discreet Lords of the Court. But the point of Discretion is no longer to be disputed; the Mask is off; therefore you must immediately lay open, that ill Usage, those intolerable Hardships, which have forced her upon the cruel necessity of throwing herself into the Arms of the Chevalier de Rohan; For 'tis to no purpose to suppress his Name, since you have named him. Or if Monsieur Mazarin has not proceeded so far as ill Usage, tell us at lest what Menaces, what disobliging Discourses She has had from him? You owe an account of 'em to the Council, to the Public, to the Justification of Madam Mazarin, and to the Defence of her Cause. Would you persuade the Council, that 'tis out of Modesty, that you conceal these things? Do you think it sufficient to affect a mysterious Air, and to say, that you are unwilling to affront Monsieur Mazarin so far, as to tell necessary Truths, when you offer him so many, and so gross Injuries; and lay, without any occasion, so many false Crimes to his Charge? You see therefore evidently, GENTLEMEN, that the Silence of Madam Mazarin before her Flight, and of her Advocate at present concerning those hardships, which they in general Terms say She has suffered, are in a manner so many formal Acknowledgements, that She has not met with any. You have been told, that what obliged Madam Mazarin to fly, was, that Monsieur Mazarin foreseeing that he should be cast in the case of Separation, frighted Madam Mazarin away designedly, by false Intelligence; that he suborned Persons to tell her, that She would be overthrown, and that then he would shut her up between four Walls; but what confirmed this Resolution, was, that Monsieur Mazarin obtained a Decree to take her into his Custody, and that She feared that he would seize her by Virtue of it. Madam Mazarin, in her Memoirs, which are in every Body's hands, says, that what made her take up a Resolution of leaving the Kingdom, was, that She knew that the GENTLEMEN of the great Chamber would reject her Petition for Separation of Effects, and oblige her to return to her Husband: That this Advice came from so good hands, and he that gave it her made so ticklish a step in it, that She would never discover his Name. Give me leave, GENTLEMEN, to read this Passage to you, which is conceived in Terms more strong than I have reported. Memoir, Fol. 119. During these Broils, Our Suit went still fowards; Monsieur Mazarin was as much favoured by the Old Men, as I by the Young Ones. At the end of three Months, I received advice, that he had made himself Master of the Great Chamber; that his Party could do any thing there, and that he might have what Decree he pleased; and that they would not only deny me a Separation of Effects, which I desired; but would take from me that of the Body, which I then enjoyed, and did not sue to them for; that in short, according to the Rules of Law, the Judges could not avoid ordering me to return to my Husband, tho' they had been as favourable to me, as they were the contrary. If this Advice had come from a less friendly hand, I might have named my Authors; but as in doing it, they made a very hazardous step, they exacted Secrecy of me, which I will keep for ever. Judge then, what I was to expect from Monsieur Mazarin, if I had returned to him upon a Decree, having the Court, and the Parliament against me; and, after so many occasions of Resentment, as he thought he had. These were the Motives of that so strange, and so much blamed Resolution of retiring into Italy to my Relations. You see, GENTLEMEN, what Madam Mazarin herself says; it is not therefore true, that Monsieur Mazarin was like to lose his Cause; nor that he caused false Intelligence to be given to Madam Mazarin. As for the Warrant to take Madam Mazarin, How can that be pretended to have been the occasion of her Flight, which was not obtained till two days after She was gone; and which was procured only on that occasion? And 'twas this very Warrant, which gives him Liberty to make pursuit after her. She made her escape in the Night, on the 13th or 14th of June, and the Warrant was issued on the 15th. How could Monsieur Mazarin petition for leave to recover Madam Mazarin, when She was actually lodged in his House. All these Excuses therefore are stark naught, and we may take it for granted, that Madam Mazarin had no other reason for her Flight, than her own Levity, and Passion. But, say they, Madam Mazarin saw strange Waste, the rich Furniture disappeared day by day▪ She saw herself upon the brink of Ruin, and her Children like to be the poorest Gentlemen in the Kingdom. Who would have believed, GENTLEMEN, that Cardinal Mazarin's Heiress should have run away, and left the Kingdom for fear of Poverty, and Starving in France? So that this Pretence is as frivolous as the rest. But the rich Movables disappeared, you say; If you mean those of your own Apartment, you are in the right; for you carried 'em away yourselves; and they disappeared in a very ill manner, for they have served to facilitate Madam Mazarin's Flight, and to support her foolish Extravagancies. But all the other Movables remained, and do so still; those only excepted, which Monsieur Mazarin gave to my Ladies, his Daughters, upon their Marriage; and there is yet in the Palace of Mazarin, to above the value of a Million. In the same case are all the Effects of the Cardinal; my Client has not sold one Farthings Worth, as I shall show by and by, in the proper Place. But suppose there had been squandering, will that excuse the Flight of Madam Mazarin? Will that justify her abandoning her Husband, and his House? On the contrary, is not a Woman the more obliged to stay at home, to rectify, or hinder by her Advice, the Profuseness of her Husband; or, by her Oeconomy, to repair it? You have been told, GENTLEMEN, that Monsieur Mazarin rejoiced at the Flight of his Wife, tho' he feigned an Affliction; that his Friends came to wish him Joy of it, and that he would not lay hold on those occasions of Reconciliation that were offered him. Don't insult the Sorrow, that this scandalous Flight has given Monsieur Mazarin for himself, and her Interest; It has been but too piercing, too public, and of too long continuance; Madam Mazarin herself says so of it in her Memoirs; She raises a Trophy upon it, and undoubtedly will take it ill, that you pluck it down, and rob her of the Honour. My Client's Friends might perhaps be glad of it, because being unprejudiced, they judged more truly of the matter; but as for him, he is not ashamed to confess his weakness, and avow, that nothing ever wounded him so deep; and that he did his utmost to prevent her going out of the Kingdom. This it was, that drew that Answer so full of Spirit, and Wisdom, from a Mouth accustomed to deliver nothing but Oracles. (You ought rather to desire my Orders to the Governors to keep her out of France, than to keep her in.) But how could Monsieur Mazarin advantage himself by that Advice, which, as you see, he is not yet in a Capacity to make use of? They have trumped up again the mention of what past, when Madam Mazarin returned into France with Monsieur, the Duke of Nevers, that She was brought to Court by order of the King, and had the honour to talk with him. They give an account of this matter directly repugnant to the Truth, and to that which Madam Mazarin herself has given of it in her Memoirs. 'Tis true, that the King understanding that Madam Mazarin was at Nevers, and being grieved to see the Misfortunes into which She plunged herself, and reduced her Husband, had the Goodness to interpose, in order to reconcile 'em. He Commanded Madam Mazarin to come to Court, and gave her his Word (which is the best Safeguard that even his Enemies can have) that She should have no violence offered her; and that if She did not come to an Accommodation with Monsieur Mazarin, She should be reconducted out of the Kingdom in safety. The Lady Belizany went for her by his Order, and brought her to Madam Colbert's House. She had the honour to talk with the King, who did not propose to her, what they have pleaded, to stay at Paris, and prosecute her Suit of Separation. Had not that been a pretty Accommodation, and worthy the Care of so great a Monarch? Such a hand as his ought perfectly to heal all that it touches; and She had another sort of Process to look after, than that of Separation of Effects; and She would have been very happy, if one might have compensated for tother. The King proposed (as She herself owns in her Memoirs) to her, to be perfectly reconciled to her Husband, and to return to her House▪ And he not only proposed it, as She confesses, but he advised it likewise. His Majesty had the Goodness to add such Conditions, as aught to have stifled all her Caprices, and with which any other Woman would have been highly satisfied; (That Monsieur Mazarin should have no Inspection of her Servants, and that She sh●●'d not accompany him in his Journeys;) and some other such like, in which he was willing to indulge the ill humour of Madam Mazarin. Yet all this would not content her, She preferred her own Whimsies before the obliging Counsel of the wisest Prince on Earth; She declared positively, that She would not return to Monsieur Mazarin, and desired him to reconduct her into Italy, with the Pension of 24000 Livers which he had given her hopes of. It is not true, that She chose to stay in France, and that the King obliged her to leave it; and the Placet, or Letter which they have read in this Audience is a spurious Piece, and her own Memoirs give the lie to it; I desire the leave of the Council to read her Account of this matter. Memoir, Page 119. To know the Trutb; the King sent to me at three months' end by Madam Be●izany, with an Exempt, and Guards, in Madam Colbert's Coach, with whom my Brother had desired the King to lodge me, as a place where no body could oblige me to disguise my Sentiments: Two or three days after he made me come to Madam Montespan's to talk with him; I shall never forget the goodness with which he received me, even to pray me to consider, that if he had not made better Terms for me in what had passed, my Conduct had deprived him of the means; that he would have me speak my Mind freely, that if I was absolutely determined to return to Italy, he would give me a Pension of 24000 Franks, but that he would advice me to stay; that he would make my Accommodation as advantageous as I pleased; that I should not follow Monsieur Mazarin in any of his Journeys; and that he should have nothing to do with my Domestics; and that if his Caresses were ungrateful to me, I should not be obliged to suffer 'em; and that he would give me till to morrow to consider of it. I could easily have answered him upon the spot, as I did the next day. That after having endeavoured to take away my Honour, as Monsieur Mazarin has done; after refusing to receive me again, when I offered to return without any Condition, and he knew the extreme necessity I was in, I could not prevail upon myself to return to him; that whatsoever Precautions might be taken, he was of such a Humour, that I must necessarily suffer twenty hardships from him daily, which it would not be proper to trouble his Majesty withal; and that I accepted with abundance of thanks, the Pension which he was pleased to bestow upon me. After so substantial Reasons, you will be surprised to hear, that all the World blamed my Resolution, but the Judgements of Courtiers differ very much from those of other Men. Madam de Montespan, and Madam Colbert did all that lay in their Power to oblige me to stay; and Monsieur Lauzun asked me, what I intended to do with my 24000 Franks? That I should eat 'em out at the first Inn, and be forced to return shamefully for more, which would not be given me. You see, GENTLEMEN, what Opinion they had of this good Manager, that accuses her Husband of Profusion. The King not being able to persuade Madam Mazarin, was obliged to make good his Word, and to cause her to be conveyed in safety out of the Kingdom. After this manner things went: we shall in the sequel examine those Advantages Madam Mazarin pretends to draw from hence. We shall now proceed to an Examination of the means, which have been offered you. I shall not reply to the Historical Curiosities, which they have brought, the use of the Divorce in Old Rome, nor the Inclination the Roman Ladies had to put it in Practice; 'tis nothing to our Cause, unless they mean 'em as Precedents, to show that Madam Mazarin is not the first, whose Inclinations have stood that way; that She does not degenerate from those Ladies from whom perhaps She is descended; and that She has in this a Soul truly Roman; but all this does not exempt her from the Penalties enacted against those Ladies in the Novels, which I have cited. They have endeavoured to avoid the force of those Laws by a twofold Answer. First, they pretend 'em to be no longer in Force, since the abolition of the Divorce; after which only the Privation of Dower took place, of which it was a consequence, and without it never obtained. I have already in my Plea, provided against this Objection, and shown you, gentlemans, that the Abolition of the Divorce, which was one of the Punishments of the ill Conduct of Wives, aught to be so far from exempting 'em from t'other, which was the Privation of Dower, that this latter becomes thereby the more necessary. You have seen likewise, that 'tis the Intent of our Customs, divers of which conclude expressly for it; that 'tis the Practice of the Sovereign Courts, that 'tis an adjudged Case, to all which I have not heard any Answer. We must therefore allow, that our Law in this agrees exactly with the Roman Laws; and that the abolishing the use of Divorces, has not abrogated this Penalty. The second Objection which they make, is that there is in the Novels, a Clause of Exception for those Women, that retire to their Fathers, or Mothers. This they say extends to Madam Mazarin; because in case of a want of Father, and Mother, the other near Relations fill their Room; and especially when they are clothed with eminent Dignity, which challenges for them the same respect that is due to Parents; and to this Position I agree. Now say they, when Madam withdrew first into Italy, She Lodged with Monsieur the Cardinal Mancini, a Man of great Virtue: This likewise is true; but they ought to add that Cardinal Mancini soon finding his Authority too weak to keep her within those Bounds, that he desired, put her into a Convent, of which Madam Mazarin, the Cardinal's Sister, was Abbess: Here likewese I allow that her honour was safe, She was covered from Scandal; but She had been here but 15 days, when She escaped by a Stratagem, under colour of reconducting Madam her Sister. She tells this Story herself in her Memoirs, and closes it pleasantly in these words, The Poor Old woman, says She speaking of her Aunt, took this adventure so much to heart, that She died of Grief a few days after. This is an Illustrious Testimony of the Respect that Madam Mazarin has for her Relations, and their Dignities, and of her own Good Nature. They add, that in her second Journey to Italy, Monsieur the Constable Colonna received, and lodged her in his House. This too is true; but they don't tell you, how well She observed the Laws of Hospitality; Her first care was to inspire in to Madam the Constable her Sister the same Sentiments for Monsieur the Constable, that She had for Monsieur Mazarin; and She wrought so effectually, that She soon persuaded her to go to France in the same manner, that She had done to Italy: And as Madam Mazarin was by Experience versed in all the Stratagems that are requisite to such Erterprises, Madam the Constable set sail under her Conduct, and arrived safe at Marseilles, in spite of all the diligence of Monsieur the Constable to pursue, and take 'em. At last you are told, GENTLEMEN, that in England She was lodged in the Palace, and near the Person of the Queen; I shall not add any thing on this occasion, to what I have already said in the first Pleading, except that 'tis not true, that She did ever lodge in the Palace of the Queen, while She was Duchess of York, or in the King's Palace after that Princess came to the Throne; She always lodged in an Apartment belonging indeed to the Palace of St. James, but St. James' Palace is not the Place of the King's Residence, which is called Whitehall, not Lovure; for the Name of Lovure is taken from the place where the Palace of our Kings is built. It is in respect of Whitehall, what the Castle of the Tuillerie is respect of the ancient Lovure; and Madam Mazarin's Lodgings are to the Castle of St. James, what the Sieur Renard's House formerly was to the Tuilleries. Judge then, gentlemans, if this be near enough the Palace, to say, that the Queen's Presence, and the Respect, that Madam Mazarin had for her Person, are sufficient to banish all Suspicion; and if any one would upon this bottom warrant all, that passed in her Lodgings. But this is an un-necessary Enquiry, since Monsieur Mazarin is willing to pardon what's past, provided that Madam Mazarin will without delay return to her Duty. Don't therefore give yourselves the trouble of a too difficult Justification, which Monsieur Mazarin does not exact from you: He will believe her Innocent, content yourselves with that, and take care, that your Over-Officiousness to justify her, does not, by opening too much, produce a quite contrary effect. The same reason shall make me pass lightly over their distinction between the two retreats of Madam Mazarin: They say, that if her causing herself to be carried away at first, had any thing criminal in it, 'tis covered, and Reparation made by her voluntary return into France. That the second is wholly innocent, as being involuntary, and done by the King's Permission, and in Obedience to his Order. But first, how can they pretend, that Madam Mazarin's coming back into France without returning to her Husband, is a Reparation of her Fault in running away from him? Does a Woman, that has made an Elopement out of the Kingdom, recover her Innocence, as soon as She sets foot upon French Ground? I agree, that if a Woman returns to her Husband, and he receives, and lives with her without Prosecuting his Revenge for the Injury, he shall not afterwards be allowed to revive his Complaint, because such a Cohabitation shall be construed a Remission. But here's nothing like it. Monsieur the Duke of Nevers carried away Madam Mazarin into Italy, and he has brought her back again into France, without joining Monsieur Mazarin; this is rather a continuation of the Affront, than a Reparation. As for the second retreat, I have already acquainted you, gentlemans, that they have not truly represented the matter of Fact, and that if the King did reconduct Madam Mazarin out of the Kingdom, 'twas in conformity to his Word, and the desire of Madam Mazarin; that this did no way wipe off the Wife's Gild, nor impair the Rights of the Husband. Don't we see Fugitives, and Criminals appear every day upon the credit of Protections, which are granted either by their Creditors, or by order of Council? When the time of their Protections are expired, and they withdrawn, are not the Processes against 'em continued, and they esteemed not a whit the less culpable? Madam Mazarin herself was so little persuaded of her own Innocence, or that the King's Permission to retire into Italy was a Protection against the Pursuits of her Husband, or the right he had to recover her; that when She returned with Madam the Constable her Sister, into France, She durst not appear, but in disguise; and being informed that the Duke, who had some notice of her arrival, was in quest of her, She made all the speed She could into Savoy, and thence She went into England. All these false Defences therefore must be retrenched; but (once more I repeat it) what signifies it to enter into a Discussion, which can be of no service to Madam Mazarin, since my Client is willing to pardon her all that is past, upon condition, that She returns immediately to him. What reason can She have to refuse him? I wish her going away, her travels, her long abode in Foreign Countries, and her Conduct there, I wish, I say, that all this were covered, or rather that it were Innocent; But can her refusing to return to France, and Monsieur Mazarin be excused? Can her obstinacy be looked upon otherwise, than as a fresh Injury, a new Crime? Is She a Widow, has She transferred herself to any other Man's Authority? The Church, and the Laws of the Land have given him to her for a Husband, and commanded her to obey him; has any other Power dispensed with her? Tho' it were true, that the King had given her leave, or even ordered her to retire for some time to her Relations in Italy, is it not a manifest abuse of his Permission, to extend it to so long a stay in Foreign Parts, and to plead it still for the continuance of it? Can She pretend, that 'twas the Design of a Prince so Religious, and so zealous for Discipline, to separate her from her Husband for ever? Has he not plainly enough signified the contrary, when offended at her obstinacy, he has taken away the Pension of 24000 Livers, which he allowed her for the two first years of her Absence? Dare any one maintain, that in permitting her to go into Italy, he gave her leave to harbour among his Enemies, in the Court of an Usurper, in a Heretic Country, the Object of Heaven's Wrath, and Man's Aversion? 'Tis therefore certain, that Madam Mazarin is without Excuse; that her Flight, her two and twenty years stay in a strange Country, and her refusal yet to return, are so many breaches of her Duty, and of her Matrimonial Obligations, the natural, and legal Punishment of which is deprivation of Dower, and Settlement. If you do her the Favour to allow her time to avoid this Penalty, in case She does not within that time yield Obedience to your Orders, you can't too severely punish her past Faults, and her present Contempt. Let us now proceed to consider what has been said to support her incident Demands, and begin with the 100000 Livers for the payment of her pretended Debts. I shall not, gentlemans, repeat any thing that I have already had the honour to say to you on this Head. I shall only cite you one Decree of Parliament of the 23d of March, 1672, as 'tis reported in the second part of the Journal of the Palace, which rejects the like Demand of a Woman in a Case much more reasonable on her side, than 'tis in this. Frances Frottier having quitted her Husband during the Prosecution of an Appeal which She had brought concerning an Abuse in the Celebration of her Marriage, which was not ill grounded, She having been Married under the Age of twelve Years: She contracted during this Absence, some Debts to 5000 Livers, for things necessary for her Subsistance only. After She had been cast upon the Appeal of Abuse, She demanded, that her Husband should be obliged to pay these petty Debts: She grounded it upon the Obligation he was under to give her Maintenance, upon the cause, and the smallness of these Debts contracted for her Subsistance; upon the necessity She lay under of quitting his House, because in continuing with him, She had ratified the Marriage. Monsieur Maupeou, since Advocate General, was Council for the Husband, and showed, that he owed no Alimony to her, but while She lived with him; and that the Obligation to maintain her was inseparably bound to an actual Cohabitation; his Argument is reported in the Journal; upon this a Decree was obtained, avoiding the Demands of the Wife, and her Creditors. How much more strongly will it take place against a Woman, that has absented herself not only from her House, but from the Kingdom, without any necessity, out of mere Caprice; and against Debts contracted by Expenses absolutely superfluous? It has been objected, GENTLEMEN, that all this would be good, if the Creditors were subject to our Laws; but We have to do with English Men, whose Laws differ from ours; who will by violence extort, what they can't by Justice. They have in a very pathetical manner, aggravated the Peril She is in of her Life; as if they put in Execution in England, that old Law, which allowed the Creditors of an Insolvent to tear him to pieces; and they have represented Madam Mazarin to you, as one that every Moment expected Martyrdom. But how shall we reconcile this Tragical Representation to what we see clearly, that it has been Madam Mazarin's Fault alone, that She did not come to France, when so many natural born English Men, the greatest part of which left Debts undoubtedly more effective, than hers, came without impediment? How does this accord with what I have already observed, that there has yet been no Suit commenced against her, no obstacle raised by her Creditors to hinder her coming? Does not all the World know, that instead of being arrested at London, She was forced to have recourse to the Superior Authority for leave to stay? If her Life was in danger, as She says; if She was exposed to Martyrdom, wou●d She make Application to continue there? Would She prefer such an Abode to her Husband's House? Unless some splendid sit of Zeal makes her covetous of that glorious Palm, and gives her a holy Ambition of being sacrificed by that barbarous Nation; and having that at least in common with that * Joan of Orleans. Illustrious Maid, whom our Nation acknowledges to have been her Deliverer. But we need not fear any such thing from Madam Mazarin; a Woman that takes it ill, that her Husband employs any part of his Wealth in Works of Piety, will never be prodigal of her Blood for Religion. Undoubtedly She must be in great Security in England, since She can't resolve to leave it, till She has articled for her Habitation, and Pension in France. Thus, GENTLEMEN, I have shown you, that her Debts are a mere Shame, a Pretence devised by her Counsel at Paris, to excuse her Obstinacy: I shall not repeat all the Particulars; but I shall answer only to some Letters, which were read to you last Hearing, to prove the reality of these Debts. These Letters, they tell us, are written naturally, and without Study, they come from the heart, and by consequence we are not to doubt the truth of what Madam Mazrrin says in 'em; that her Creditors are importunate, and that She is afraid of being sued. First, these Letters are not acknowledged. But, if they were, are we obliged to believe Madam Mazarin? Shall we give her a 100000 Franks, because She writes word, that She owes so much, and has occasion for it? But I desire the Council to observe, that these Letters don't mention the Sum of her Debts: Now if the Duchess of Nevers had any Letter, that was more particular in the Sum, She would undoubtedly have produced if; It must therefore be Monsieur or Madam Nevers, or he that drew up this Defence, that has officiously taxed Monsieur Mazarin at a 100000 Livres. But pray let me ask you, who informed you that these amounted to 100000 Livres, since as you confess, you have received no Memoirs nor Instructions from Madam Mazarin, but these Letters, which are not particular? 'Tis then by guess, that you make this Demand; and do you think the Judges will fine Monsieur Mazarin 100000 Livres upon this, and give a Judgement at random, as you have made your Demand? 'Tis further evident, that these Debts were invented at Paris, and that Madam Mazarin writes nothing in these Letters but by Instruction from hence, which I shall make clearer, than the light, by two or three Circumstances. The first is, that in the Letter of the eldest date of the three, which is of the 15 of October last, Madam Mazarin writes to Madam Nevers in these Terms; I send you the Certificate you desired; this Letter is not preceded by any other, by which it appears, that Madam Nevers required a Certificate of Madam Mazarin, and that She required it before Madam Mazarin had said any thing to her of her Debts, or the difficulty of leaving London without paying 'em; and by consequence 'tis plain, that these pretended Debts, and the Detention of Madam Mazarin, are of the growth of Paris, in which Madam Mazarin is not concerned. The stile itself of these Letters, which you say is so natural, is far from it; and may serve as a farther proof, that they were written by Direction. When Madam Mazarin writes naturally, and from her Heart, She writes incomparably better; but especially, if She were in the condition there pretended; her Danger, and her Wants joined to her natural Eloquence, would have made her write in a Style much more lively, and moving, than that of those Letters. What probability is there, that She who writes from a Country, where She had been an Eye Witness of such great Revolutions, and where She must needs have had a particular Share in many singular Events; of which She might believe Madam Nevers, who had so much kindness for her, would be glad to be informed; what probability, I say, is there that She should take no notice at all of 'em, not so much as a single word concerning Monsieur Mazarin, or her Sentiments of him? She speaks of nothing, but her Creditors, because She was ordered to speak of nothing else in these Letters devised on purpose, which were undoubtedly accompanied by others more Instructive; but in these She talks so slightly, that the Man must be blind, that can't see that She is not in earnest. You see therefore, GENTLEMEN, that there never was any Demand more rashly made, nor with less Foundation, than this of 100000 Livers. Let us proceed to their other Demand, which requires Permission to live in a Convent. You know, GENTLEMEN, that this is not to be granted, but upon very weighty Considerations; the Caprice of a Woman, or a disgust taken to her Husband, are not sufficient Reasons for breaking that Society, to which they are mutually obliged; there ought to be such hard Usage, as may merit the Name of Cruelty, with which they are usually qualified. Do they offer Proof of any such thing? No, they don't so much as allege it. All the reason they give, why Madam Mazarin can't return to her Husband's House, is, that things are not at that pass. What Language is this? What do you mean by it? What is there requisite to bring things to such a pass, that a Wife may, and aught to return to her Husband, more than a valid Marriage, that the Husband be willing to receive her, and that has never treated her amiss? All this is to be found here. Madam Mazarin, they say, is averse to it; this is all, that they have to oppose to it. But first, who told you, that She was averse to it? Have you a Deputation from her to say it? No! You have not so much as Memoirs from her; the Letters themselves say nothing of it. 'Tis Monsieur, and Madam Nevers, who, not loving Monsieur Mazarin themselves, think that She ought not to be willing to live with him, and demand for her a Separation from her Husband of their own Heads. On the contrary I maintain against you, that no Warrant or Memoirs from her appearing to support your Authority, which is all that we have for this Aversion, We ought to presume She has none, because we ought to believe, that every Person wishes, and acts according to his Duty, till the contrary be made to appear. But tho' it were true, that Madam Mazarin had some reluctance to return to the Duke, is that a good reason why She should be dispensed with, and separated from him? If all the Married Couples, either of which had conceived any disgust for the other, were to be parted, how many Divorces should we see? Are there any Persons so exactly formed for one another, so perfect, or so happy, as not to give one another reciprocal occasions of dissatisfaction in so strict a Society? Insensibility is none of the Conditions of this Life, and I question whether it be lawful to desire it. We are not therefore to regard these Niceties, when there are no essential Reasons for Separation, especially from the Mouth of a Woman that has lived with her Husband six years in perfect Unity; that has had in that time four Children by him, the Pledges of their mutual Affection, and the living Proofs of her Inconstancy. They object to Monsieur Mazarin, that he has three great Faults, (they done't indeed say it just in this Place, but it has been scattered all through the Pleading of the opposite Party,) He is Jealous; He is Devout, and scrupulous to Excess; He is Profuse, and squanders more in Alms, than others in their Debaucheries. Let us see if any of these be foundation sufficient to ground Madam Mazarin's Demand upon. First for his Jealousy, if it were real, it is obliging; and even when it becomes troublesome, it is excusable upon the score of the Principle from whence it springs; at least, while it proceeds not to Rage, and Violence. But what signs of Jealousy do you discover in Monsieur Mazarin? You can't instance in any. How can you accuse him of that Weakness, who does not yet call your Virtue in question after so much matter of Suspicion as your imprudent Conduct has afforded him? Can you believe, that he was ever Jealous, whose good Opinion could abide the severe Trials you have put it to, without Diminution? As for his Devotion, 'tis a Fault too lovely to stand in need of our Defence; is that a ground for her Demand? If the Apostle does not allow a Wife, that is a Believer, to leave a Husband, that is not; How can we suffer Madam Mazarin to desert her Husband, because he is faithful and exact in the Duties of his Religion? Especially, GENTLEMEN, since, as Master Sachot has told you, he was so at the time of his Marriage. She Married him Devout, and I shall add, that She loved him such, why would She not have him continue such? If we may apply to this Quality, which is the Perfection of a Christian, what has been said of the real Faults of Matters of Commerce, might we not with Justice oppose to Madam Mazarin, the common saying, Prudens emisti vitiosum, dicta tibi est Lex? But perhaps Madam Mazarin will not find it so difficult to reconcile herself to Monsieur Mazarin's way of Living. The Seeds of Devotion are stronger in her, than She herself suspects. It would be strange, that a Lady, that springs from the same Blood, that has given to England that Mighty Queen, and to France that Virtuous * The late Princess of Conty. Princess, whose Piety will be revered in all Ages, should have no Spark in her of that holy Fire, with which they were so inflamed; not one Ray of those lively Beams of Faith, which shined so bright in them. But you see, GENTLEMEN, by her Defence, that She is in fear for her Salvation; this Fear is the beginning of Wisdom. She desires to retire into any Nunnery, that you please to assign: 'Tis therefore probable, that She finds herself now better disposed, than heretofore, to live after the manner that She ought, in such Houses. Why then will She not comply with that of Monsieur Mazarin? Nothing can resemble the Regularity of a Convent, better than his House. All the difference is, that in a Convent, She would be out of the Rank wherein Providence has placed her; whereas with her Husband She would be in her proper Station. And tho' She should at first feel a little Reluctance, a short time would reconcile her to a Yoke, that is all Sweetness to those, that have once submitted to it; and it would happen to her, as the Apostle says in the same Place, that the believing Husband shall sanctify the unbelieving Wife. Let us proceed to the pretended Dissipations. How dare Madam Mazarin accuse Monsieur Mazarin of squandering? She that tells you, that She could not subsist singly, and without Equipage, upon a Pension of 20000 Crowns a year, which She constantly received from the King of England; She that has carried away, and squandered 100000 Crowns worth of Jewels, and rich Movables, and still pretends herself to be in Debt: She in short that made it one of the ordinary Diversions of her Youth, to throw Bags of Gold away by handfuls, out of the Windows of the Palace of Mazarin, for the Pleasure of setting the Mob together by the Ears? Has She not great Right to call my Client to account for his Management of their Estate, and House, after She has herself entirely abandoned the care of 'em? If Monsieur Mazarin after her Example had quitted his House, and gone to live at Venice, or elsewhere, as She did at London, what had become of their Family, and Fortune? 'Tis ridiculous to bring in Madam Mazarin like the Master of the Family in the Gospel, requiring of his Servants upon his return from his Journey, an Account of the Talents he left with 'em to be improved. And tho' it were true, that some waste had been committed during her Absence, is not She as much, and more culpable for her Flight, than He for his Administration? But in the next place▪ What is this Profusion, of which they accuse Monsieur Mazarin? He is, say they, extravagant in his Alms. Let us refer that to the Gospel, which says, That to give Alms, is to heap up Treasure. Nor shall I stick to say, that the Cardinal's Estate was such, as required a little, of what you call, Prodigality. These overgrown Estates are like Bodies too full of Blood, that would be suffocated with Health, if they were not relieved by seasonable Bleedings: They are like Rivers, whose Waters will not be damned up, but purge by flowing and diffusing themselves; they would become corrupt, or break their Banks, and be entirely lost, if they were too straight penned up. Those that have the Management of such great Fortunes, aught to imitate the Prudence of Pilots, that throw part of their Goods into the Sea, to secure the rest. To dissipate after this manner, is not to destroy, but to improve. Thirdly, What relation have these Facts of dissipation to our Cause? They would be to the purpose in a Trial for a Separation of Effects, but the question being only, whether Madam Mazarin ought to return to her Husband, tho' there were really such waste committed, is that any reason, that She should be dispensed with? On the contrary it ought to engage her the more to it, that She might be assistant to Monsieur Mazarin with her Care, and Advice, and endeavour in conjunction with him for the Preservation of their Estate. But in short, the Fact is false, there has been no dissipation of the Cardinal's Goods by Monsieur Mazarin. On the contrary he has cleared 'em, and added to 'em at the expense of his own Patrimony. Tho' these Matters be altogether Foreign, and that Monsieur Mazarin might very well wave taking any notice of 'em, without Prejudice to his Cause: Yet, GENTLEMEN, since he has been calumniated to You, 'tis his Interest to justify himself to You. First, Has Monsieur Mazarin alienated any one of the Cardinal's Effects? I challenge you to declare, and defy you to name One: He hath had of him Lands, Governments, and Pensions from the Crown, all which are yet in his Possession, or his Child's, to whom he has given 'em upon their Marriage: Wherein then does this waste consist? Has he run you into Debt? No▪ Whence then this fear of Poverty for yourself and Children in Possession of so great an Estate, without a Farthing of Encumbrance? Let us follow this Enquiry: Monsieur Mazarin has indeed made use of 1200000 Livers of the Portion which he had obliged himself to lay out in the Purchase of an Estate, with a Title annexed to it, to which he was to give the name of Mazarin. Has he acquitted himself according to his Obligation? To this end he bought the Duchy of Rethel, not for 1200000 Livers, but 2200000 Livers. 'Tis true, that to make up this Sum, he borrowed of the Duke of Nevers 400000 Livers, for which he pays Five per Cent. Interest; but there are 600000 Livers more, which come out of his own Pocket. As for the Movables, the Jewels, Statues, Pictures, they are all yet forth coming; those excepted, which Madam Mazarin carried away with her. My Client has not sold the worth of a Farthing. * Here Monsieur Sachot interrupted Monsieur Herard, to tell him, that the Statues were broken; Monsieur Herard, made this Reply. A very seasonable Interruption! Did your Client run away, and does She still refuse to retun for this? Is this your Excuse for her Flight. 'Tis true, he has not been so good a Husband of his own Patrimony; he has sold his Place of Great Master of the Artillery, and the Governments, which he had from Monsieur the Marshal de Meilleray, his Father. But, besides, that this concerns not Madam Mazarin, why has he sold 'em? To pay part of the Price of the Duchy of Rethel, and to refund 1500000 Livers out of the several Benefices of Monsieur the Cardinal, which have been decreed against him. Is it not strange after all this, that they should take the Liberty to publish to the World, and to say before you, gentlemans, that Monsieur Mazarin ruins his Wife, and Children, and that he has squandered five Millions? Will you know, GENTLEMEN, what these five Millions are? We'll lay 'em immediately upon the Table before you: They are five Millions in Bills of the Exchequer, and bad Debts, of which we have never received a Penny, and will afford a very good Pennyworth to any Purchaser. This, GENTLEMEN, is the Prodigal, the ill Husband, that sells his own Estate, to clear and improve his Wife's. He gives Alms, but he does it out of his own Estate, out of what his Modesty, and Frugality retrenches from the usual Superfluity, and Luxury of Persons of his Quality. You see, GENTLEMEN, that of all the Arguments that have been produced to support the Demands of Madam Mazarin, that not one has the least Foundation. Let 'em not pretend, that they have been too long asunder to be brought together of a sudden. For on the contrary, because they have been too long disjoined, we can't reunite 'em too soon; that their Coalition may put an end to all ill Reports, and silence Slander, whose Mouth their Divorce has opened. We ought to efface even the minutest tract of this unhappy Division. Madam Mazarin's Retirement to a Convent, would be but covering the Ashes, whence the Flame might break out afresh. They would not fail, as you see, GENTLEMEN, they already threaten us, to advise her to renew her old Suit for a Separation of Effects, as unjust, and desperate as it is, in hopes to make it a means to hinder their Reunion; whereas by obliging her to return immediately to her Husband, you will raze the Memory of all past Differences, and prevent any that may hereafter arise. Their last recourse is to the Number, Quality, and Worth of the Persons, that solicit for Madam Mazarin. I grant, that you have on your side the advantages of Nature, Fortune, Greatness, Credit, Favour, Graces, and even Eloquence itself; every thing is for you, except the Law. Monsieur Mazarin has nothing for him but his just Right supported by my weak Voice, and the obliging Care of a Friend, that acts for him in his absence; not from any prospect of Interest, as you upon false Memoirs have suggested; but frankly upon a Principle of Friendship founded upon the Honour he has to be related to Monsieur Mazarin, and upon a grateful acknowledgement of those Favours, and Marks of Esteem, which he has for many years received from him. But you are not therefore to insult over our Weakness, and Solitude; We are no way apprehensive of those Foreign Advantages before Judges of such approved Integrity, that they will undoubtedly weigh your Reasons only, without counting the Suffrages, and Solicitations of your Friends. I dare likewise boldly maintain, that, tho' all these illustrious Persons out of their great Generosity thought themselves obliged to favour the absent, and weakest Party; they can't possibly approve the Conduct of Madam Mazarin, nor would in earnest obstruct her Reunion to Monsieur Mazarin. In short, gentlemans, 'tis notorious that all Madam Mazarin's Relations turned against her after her Escape, and joined with Monsieur Mazarin in the Prosecution of the Indictment; and that they all signed an Instrument, in which they desired Monsieur the Constable not to receive her, that She might be obliged to return to her Husband; This Madam Mazarin confesses likewise in her Memoirs; What has happened since, that should turn the Minds of those very Relations, or their Children, so very contrary at this time? 'Tis true, that Madam the Duchess of Nevers was not then of the Family; but the prudent Conduct of that Lady leaves us no room to doubt of the Judgement, that in her Heart she makes of Madam Mazarin, tho' Family Reasons oblige her to appear here to support her Interests. Would to Heaven, that Madam Mazarin, instead of begging her Assistance, would improve by her Example; and imitate, I will not say all her Virtues, but some part only of her Regularity, Sweetness, and Complaisance to the Will of Monsieur her Husband; it would be more than enough to restore Peace betwixt 'em, and to make Monsieur Mazarin completely happy. I don't see, GENTLEMEN, that, in all that has been objected, there is any thing, that may start to you the least difficulty in doing Monsieur Mazarin the Justice he desires. He expects it from you, as complete, as he was about to have had it, as you have seen, from the Great Chamber, when they were obstructed by the Flight of Madam Mazarin; and he has great Reason to expect as much from you, since the Conduct of the adverse Party from that time has neither bettered her Cause, nor mended her Condition. He does not fear, that in a Cause of such importance, You should, in the Judgement You give; take any Measures from the unjust Reluctance, which they, perhaps falsely, ascribe to Madam Mazarin; We are not now to consult, what the Inclinations of the Adverse Party are, but to examine, and determine what is her Duty. You have before You, GENTLEMEN, a Public Concern, wherein you ought more to consider the Interest of Discipline, than that of either Party, You are now to decide not between the private Interests of Monsieur and Madam Mazarin only; but between the Morals of the Public on one side, and the Inclinations of Madam Mazarin, on the other. 'Tis in your Breasts whether you will sacrifice the former to the vain Niceties of the latter, or rather to her Errors, and Caprices. Your Sentence is expected by the Public, as an Example, that shall be remembered to the Maintenance of Discipline, and the Rights of Marriage, or that shall slacken 'em, and Authorise Licentiousness; that shall break down the Barriers, and open a wide Field for Worldly, and Rash Women, or that shall keep 'em in their Duty. Without doubt, GENTLEMEN, you will not suffer it to be said hereafter, that in the Reign under which we live, You introduced this pernicious Maxim, that the Devotion of a Husband, his Regularity, and Charity to the Poor, without Prodigality, were Reasons sufficient for a Wife to abandon him. 'Tis not possible, that while we behold Piety upon the Throne of our Kings, that it should be so far affronted in one of the most Sacred, and most August of their Courts of Justice, where it has always hitherto found most assured Protection. AN EXTRACT OF THE DECREE. BETWEEN the Lord ARMAND CHARLES Duke of MAZARIN, MEILLERAYE, and MAYENNE, Peer of FRANCE, Plaintiff, etc. and Defendant on the one Part; And the Lady HORTENSIA MANCINY Duchess of MAZARIN His Spouse, Defendant, and incidently Plaintiff, etc. on the other Part. After that HERARD for the Duke of MAZARIN, SACHOT for the Duchess, and BENNET for the King's Proctor General have had six Hear. THE COUNCIL, before they Determine upon the Request of the Duke of MAZARIN, Orders that the Duchess of MAZARIN shall within Three Months retire into the Convent of the Nuns of St. MARY DE CHAILLOT, thence within Six Month to return to the House of the Duke of MAZARIN: And before they Determine upon the Remainder of the Duchess of MAZARIN'S Demand, It is Ordered, that within one Month, She lay before 'em an Account of her Debts, that, whether the said Account be accorded, or contested by the Duke of MAZARIN, what is thereupon due, may be ordered by the COUNCIL. FINIS. FACTUM FOR Madam the Duchess of Mazarin, AGAINST Monsieur the Duke of Mazarin, Her HUSBAND. By Monsieur de St. Euremont. THE PREFACE. IT is not honest to pry into the Secrets of Families; much less to expose 'em publicly. But since Monsieur Mazarin has thought fit to open 'em to the Great Council, and Monsieur Herard his Advocate to put 'em into Print, 'tis not fair that the World should hear, but one side; And the Answer to the Plead falling into my Hands, I thought myself bound to make the Public Judge betwixt 'em: And I hope, that after a thorough Examination of the matter, Madam Mazarin will by common consent be found worthy of a better Fate, and another sort of Husband. If the Duke had proceeded no farther, than Coldness, Reservedness, or Rigour, the Duchess had quietly lamented her Misfortune in secret, in hopes at length by the constancy of her Sufferings, and the sweetness of her Compliance, to have won upon so extravagant a Temper. But when he came to that degree of excess, that took away all her Repose; and to such a rate of Profusion, as must absolutely ruin her Family, She had recourse to those Methods, that might preserve her Estate, and Liberty. The Relations treated, the Directors engaged, the King interposed his Authority, but Monsieur Mazarin persisted inflexible to all. Must a Wife be eternally enslaved to the Caprices, Enthusiasms, and false Revelations of her Husband? This is what Monsieur Herard has maintained with as many Injuries, as Calumnies. These few Passages may serve to show the violent Spirit of the Advocate. Matters are come to that pass in England, that 'tis no longer lawful for a Catholic, a French Man, nor scarce for an honest Man to stay in London. page 20. If She had any Affection for their Persons, any Gratitude for their Bounties, or indeed but a bare Sense of Honour or Religion, She ought to have followed 'em. Could She see, without horror, the Usurper of their Kingdoms, and the Enemy of our Faith, establish his Dominion upon the Wrack of their Legitimate Throne, and the ruin of the true Religion? p. 21. But which way can the Names of the King, and Queen of England, be made use of to excuse the Escape, and Absence of Madam Mazarin, after what I have had the Honour to observe to the Council at the last Hearing? While She lives in the same Tranquillity at London since their departure, that She did in their peaceful Reign; while She pays the same Incense to the Prince of Orange, that She offered to them, with as much baseness and unworthiness, as it was Honour to her, to pay that Respect which She owed to them. p. 42, 43. What Excuse has She now? Is the Prince of Orange her Kinsman? Are all these Gamesters, Libertines, Presbyterians, Episcopians, Quakers; In a word, are all this Rabble of all Religions, except the true one, which resort to her House, her Relations? p. 43. Unless some splendid fit of Zeal makes her covetous of that glorious Palm; and gives her a holy Ambition of being sacrificed by that barbarous Nation. p. 101. To cite all the Injurious things, that he says of Madam Mazarin, and the English Nation, the whole Pleading must be transcribed. Monsieur▪ Mazarin can't deny, but that he has given occasion for a lawful Separation. But he boasts, that he has forgot nothing that might procure a Reunion; and 'tis certain that he sent Articles to that purpose: The first of which, and which is the Hinge upon which all the rest turn, was this; Nothing by Condition, all for Love. In those Difficulties, that will undoubtedly arise, a right Understanding, as soon as may be. To Copy the best Management of the Kingdom, and by that Model to form ours. Never to give the Public any account of our Domestic Affairs; much less to let the Curious into any of our Secrets, but to tell 'em in short, that we are very well reconciled. Monsieur Mazarin is not contented to have laid down Rules for the Conduct of Husband and Wife, but he must needs make Regulations through his whole Estate, without regard to the Authority of the Bishops, or Governors. He begins with Ecclesiastical Affairs, which in Reason ought to go before the Civil. These Articles being Printed, I shall mention 'em in gross only. He enjoins Good Order amongst the Friars; where, as he says, abundance of Abuses are crept in. He prescribes to the Curates▪ their Duty in their Parochial Masses, especially in the Publication of holidays, and the Banns of Matrimony: Vespers are not forgotten: He touches lightly upon the Sermon. Proceeding to some Rules for Laymen, He order an Apothecary, or his Boy, that Administers a Clyster, to be decently habited; and the Patient that receives it, to turn himself to him with all possible Modesty. He forbids Women to milk Cows, or spin with a Wheel, because of a certain exercise of the Fingers, and motion of the Foot, which may give 'em loose Ideas. He requires abundance of Purity of the Women, that keep She●p, and more of the Men, that keep Goats. For the Herdsmen, as well those that keep Bulls, as those that bring their Cows to 'em, must turn their Eyes from the Expedition, and pay according to a rate at which he has taxed it. Having a vast Extent of Land in d●vers Provinces, he takes his Progresses to see his Orders put in Execution; which being universally ill received, he purchases Obedience to 'em at an extravagant rate. His Train of his Fraternities, his Equipage of Zealots errand, half ecclesiastics, half Seculars, would make a very large Caravan in Asia. But this is not the least magnificent way of ruining himself, that he has found out; yet it may suffice to justify the Separation of Madam Mazarin. Let us hear her Advocate. AN ANSWER TO THE PLEADING OF Monsieur Herard Advocate, BEFORE THE Great Council: OR, RATHER, To the Invective, or Libel, Printed by Monsieur the Duke of Mazarin, against Madam the Duchess, his Wife. 'TIS a certain Truth, GENTLEMEN, that Impudence is not acquired in an instant. 'Tis by degrees, that Men arrive at the assurance of telling, and maintaining great Lies. Truth has no occasion for Instructions, or Exercise. It is born with us; and we must do Violence to Nature to shake off our Veracity. Judge then, gentlemans, how much Study, and Practice must have concurred to give Monsieur Herard the Perfection of his Talon. What Perversions of Truth, what Suppositions, what Forgeries of Fact are necessary to form the Capacity of so great a Man! To say, that Monsieur Nevers accompanied his Sister to the end of the first Stage; which is false. That Madam Mazarin carried off rich Movables, and abundance of Plate, who never had abroad, either Goods, Plate, or Jewels, except one Necklace, which She usually wore in France. That She resided in the Territories of the King of Spain, through which She only travelled quietly as her way led her. That She scandalised all the Convents, where She has been; tho' we are Witnesses how much She was made of, and what Honours were paid her by Madam de Chelles, Madam Dulis, and all the Superiors of the Houses in which She lived. That her Pension in England was given her in acknowledgement of a Debt due to the Cardinal; a Debt which the two Kings always laughed at as Chimerical, and Ridiculous. To invent a hundred things of this Nature, to disguise, feign, and suppose, have been, as it were, the steps, by which Monsieur Herard has mounted to the height of his bold Elegy on Monsieur the Duke, and the Impudence of his Invective against Madam the Duchess of Mazarin. If all these Praises, all these Calumnies bened the Creatures of your own Brain, tell us Monsieur Herard, who could inform you of the Virtue of Monsieur Mazarin? Had you these fine Notions from the Court, from the Provinces, or from the Villages? Who has found out these ill Qualities in Madam Mazarin? Did your Information come from Paris, Rome, Venice, or London? I can give you better Lights concerning 'em both; and to hinder you from falling any more into Error, in Charity I will tell you, that Monsieur Mazarin makes himself contemptible every where, as well where he is not, as where he is; and that Madam Mazarin is as generally esteemed, wherever She is, or has been. But in what Country are you? In what obscure Hole do you spend your days, that you are ignorant how this Match with Monsieur Mazarin was brought about? Monsieur the Cardinal, at the beginning of his Illness, was inquisitive into the Merit of our Courtiers, in order to find one worthy of his lovely Niece, and fit to support the Honour of his Name. As he had yet some remains of Vigour, he found no difficulty in resisting Virtue without Wealth; but his Infirmity increasing daily, and his Judgement impairing with his Strength, he could not withstand the false report of the Riches of Monsieur Mazarin. This, Monsieur Herard, this was that Noble and Glorious Choice of Monsieur the Cardinal; a choice, to speak soberly of it, that almost ruin'd his Reputation, notwithstanding all the Merit of his past Life. By it he lost the Respect of the Court; the most cautious could not forbear their Railleries'; and the Foreign Ministers wrote to their Masters, that they ought not any longer to make any account of his Eminency, since the ridiculous Match he had made. What Aversion soever you may have for Truth, for once do yourself the violence to hear, what I have to say of Monsieur Mazarin. You can't have a greater Repugnance to Truth, than I have to Lies. Yet I have been forced to hear all you have said of Madam Mazarin, with as much Villainy, as Impudence. Upon the Death of Monsieur the Cardinal, the Courtiers, who did not yet understand the Niceness of the King's taste, were afraid, that Monsieur Mazarin should inherit as well the Favour, as the Estate, and Name of his Eminence. Monsieur de Turenne was heard to say, that if he should see such an Indignity, he could leave France with the same ease, that he had heretofore done, when he went into the Service of Monsieur the Prince. The Marshal de Villeroy, who, having been his Majesty's Governor, aught to have been better acquainted with his Sagacity, was not without his Apprehensions. The Marshal de Clerambaut, who had signalised himself in ridiculing this Match, was alarmed at it; but Monsieur Mazarin, more in their Interests, than his own, stayed only long enough at Court to decry himself, and to give the King that judicious contempt of his Person, which he has retained for him ever since. Nevertheless, they were not yet absolutely rid of their Fears. They were afraid that the Marshal de Meilleraye, who in his time had always held the first Post in War, should by his Example rouse the Ambition of his Son, to make himself more considerable. Monsieur Mazarin was too honest a Man to suffer the World to continue in an Error. He bid farewell to War, as he had done to the Court; and you will grant me, gentlemans, that 'twas none of the unwisest Actions of his Life. He had yet but too much left to make him considerable. His Places, Governments, and Riches, in which he outdid all the Subjects of Europe, procured him Respect enough; but like a Philosopher, he shook off all these things, as superfluous; or, like a Christian, as dangerous to his Soul. However it were, he left himself nothing of that vast hoard so precious in the Opinion of Men. Of a thousand Rarities which the Wealth, and Curiosity of the Cardinal had brought together, of an infinite number of Pictures, Statues, and Tapestries, all was either Sold, or disfigured; of all his Places he did not keep one; of all his Governments, he kept only that of Alsace, where he knew he should not be suffered to command. In short, gentlemans, I am ashamed to Name the poor Remains of * 1625000 l. Sterling. Twenty Millions, that Madam Mazarin brought him; and the only reason, that he gives, is, that he can't in Conscience keep ill gotten Wealth. It was not ill gotten, GENTLEMEN, it was not; the defence of the Crown against so many Forces within, and so great a Power without, was the Purchase of 'em, which the Bounty, and Justice of the King have confirmed; but these Advantages have been as ill bequeathed as they have been kept. The Memory of the Cardinal is responsible for the foolish choice he made of Monsieur Mazarin; and Monsieur Mazarin for the ill use of that vast Wealth. Let us spare Madam Mazarin the Vexation of hearing a long descant upon the Confusion of her Fortune: Let us spare Monsieur Mazarin the shameful remembrance of the manner of his confounding it. 'Tis a hard case for Madam Mazarin to have her Wealth confounded; a harder to bear continually the sight of the Confounder of it. These were the Entertainments of Madam Mazarin's unhappy Journeys; She expected the succour of the Night, which relieves the most, unhappy from the Sense of their Miseries; but this Comfort was denied her. No sooner were her fair Eyes closed, but Monsieur Mazarin (who had the Devil always present in his black Imagination) this amiable Husband wakes his best Beloved, to make her Partaker— You would never guests of what; gentlemans, to make her Partaker of his Midnight Visions. Flambeau's are lighted, and search is made; but no Spectre does Madam Mazarin find, but that which lay by her in the Bed. His Majesty was more obligingly treated; He was made the Confident of his Revelations, those Divine Lights, which Monsieur Mazarin's usual Commerce with Heaven afforded him. The World has been fully informed of his Revelations; and since Monsieur the Advocate has set such a value upon that Devotion, which has procured him this Grace, I beg your Patience, gentlemans, to hear some of the Effects of it; they are singular, and worth your Attention. During the time that Monsieur Mazarin courted Mademoiselle Hortensia, he gave a Note for 50000 Crowns to Monsieur de Frejus, upon Condition, that he should promote the Match, which with Reason he solicited so hotly. The Match was made, and Monsieur de Frejus had a great hand in it. But it being neither easy, nor honourable for a Bishop to exact the Payment of such a Note, he returned it to Monsieur Mazarin, trusting rather to his Word, than his Note. Some time after this piece of Generosity, the Bishop had occasion for Money to settle his Nephews, and demanded it of Monsieur Mazarin; who, doing violence to his good Nature, refused to pay it; being informed by his Director, that 'twas a more criminal Simony in him to purchase the Sacrament of Marriage, than in a Bishop to purchase his Bishopric. See, GENTLEMEN, the nice tender Conscience of Monsieur Mazarin: Monsieur de Frejus, like a Bishop as he was, would have taken the Money, and never bogled at the Simony; Monsieur Mazarin, a mere Layman, makes a scruple of paying it, and religiously pays it not. This is an Example, that will confirm your Opinion of his Piety. Monsieur Mazarin had a Suit of great Importance, an Agreement very much to his Advantage was offered him; He answered those, that proposed it to him, That our Saviour came not to bring Peace into the World; that Controversies, Disputes, and Processes were of Divine Right, but Accommodations of Humane Invention: That God had appointed Judges, but never thought of Arbitrators; and that therefore he was resolved to be in Law all his Life, and never come to a Reference: A Promise that he has hitherto kept like a Christian, and will ever. Modesty forbids me, gentlemans, to open to you the occasion of his Journey into Dauphiny to consult Monsieur de Grenoble: I will only tell you, that a Case of Conscience so extraordinary, a scruple so nice, so delicate, was never heard before. But the most signal Act of Monsieur Mazarin's Devotion, was this: He caused one of Madam de Richelieu's Children to be brought up, with express Prohibition to the Nurse from suckling it on Fridays and Saturdays; that instead of Milk they might suck in the holy use of Fasting and Mortification. This is the Devotion of Monsieur Mazarin, of which his Advocate has the Confidence to give so great a Character; a Devotion, that serves to confirm our Refugees in their Belief; tho' the Catholics, as well as they, laugh at so ridiculous a Piety; and you, gentlemans, whose Piety is so solid, disapprove no less than the Protestants themselves. The greatest Misfortune, that can befall a Man, is to be deprived of so much Sense, as is necessary to Humane Society. The next, to be obliged to live with those, that are. These two Calamities are to be found in Extremity in the unhappy Marriage of Monsieur and Madam Mazarin. Nature has set Monsieur Mazarin at such a distance from Reason, that 'tis almost impossible they should ever come together: The only excuse that his Friends, if he has any, can make for his Conduct. Madam Mazarin has by her ill Fortune been compelled to live with Monsieur Mazarin. Joining the Living to the Dead was not a greater cruelty, than linking Prudence to its Reverse; yet this Torment was Madam Mazarin for five years forced to endure: Besieg'd all day, alarmed all night, fatigued with Journey upon Journey, to no purpose; subject to extravagant and tyrannical Orders, seeing none but Spies, or Enemies; and which is the worst of all Conditions, unhappy without Consolation. Any other Woman would have defended herself from Oppression, by an open Resistance; Madam Mazarin sought only to escape from her Misfortunes, and to find in the Place of her Birth, among her Relations, that Security, and Repose, which She had lost. While She was at Rome, She was honoured by all that were Illustrious, and Great there. Upon her return to France, She obtained of the King a Pension for her Subsistance, and an Officer and Guards for her Convoy out of the Kingdom, where She neither could, nor would stay. After so long fluctuation, She fixed her retreat at Chambery, where She passed three years undisturbed in Study and Reflection; at the end of which She came by the Permission of his Majesty, into England. All the World knows the regard that King Charles, and King James had for her: All the World knows the Favours that She received from 'em; Favours bestowed only on her Person, without relation to Monsieur the Cardinal's Demand. 'Tis therefore to the mere Bounty of their Majesties, that She owes her Subsistance. For her Husband, as just, and charitable, as he is devout, had procured the Pension to be taken away, which the King of France gave her. This is acting little like a Christian, Monsieur Mazarin, tho' you talk of nothing but the Gospel. True Christians render good for evil; you leave a Wife to starve, that brought you a greater Fortune, than all the Queens of Europe together, brought to the Kings their Husbands. True Christians pardon the Injuries they receive; you can't forgive those, that you do. One Persecution draws on another; your ill Humour grows fierce, and your blood's warm in Mischief; and the more you persecute, the more you inflame the Persecution. Is it not enough to rob Madam Mazarin of all, while you Live? Must you needs take pains to make her miserable after your Death? Must you needs be solicitous to provide, that her Misfortunes may be endless, and continue when you shall no longer be in a Capacity to take Pleasure in 'em? Don't think, that it suffices, that your Advocate's Mouth is perpetually full of The August and Venerable Name of Husband, the Sacred Bands of Marriage, of Civil Society: We have for us Monsieur Mazarin against the Husband: We have his vile Qualities against these fine, magnificent Expressions. Our first Engagements are to Reason, Justice, and Humanity, and the Quality of a Husband can't dispense with so natural an Obligation. When a Husband becomes extravagant, unjust, or inhuman, he turns Tyrant, he breaks the Society, which he contracted for with his Wife. The right of Separation is already made, the Judges make it not, they only publish its validity by a solemn Declaration. Now that Monsieur Mazarin is plentifully provided of all those Qualities, that make such a Divorce, no one can doubt. His Humour, his Proceedings, his Conduct, all his Actions prove it. The difficulty will be to find one that does not, and Monsieur Herard has a fine Task to seek what is not to be found. He'll tell us, that Monsieur Mazarin is devout; I own it, but his Devotion is such as scandalises all good Men. He'll say, that he fasts, and mortifies himself; 'tis true, but the Pain, that he putteth others to, affords him more Pleasure, than his Austerities give him Pain. To refrain from Mischief, to abstain from doing Evil, were an abstinence agreeable to God, and useful to Men. But the Mortification would be too great for Monsieur Mazarin, and without an extraordinary Grace from Heaven, he will never put it in Practice. From his Religion Monsieur Herard will perhaps descend to his Morals, and tell us of his Liberality; to which we shall oppose his Avarice in all honest things, and his Prodigality in things that are not so. To speak properly, he gives nothing, but he throws away all: He takes from his Wife and Children, what he lavishes upon Strangers. Virtues change their Nature in his hands, and become more criminal, than Vices. Would to God, GENTLEMEN, we had occasion for false Vices, as Monsieur Herard has had for shame Virtues: To our Misfortune we have but too many real ill Qualities to allege. Vexatious Suits with his Neighbours, irreconcilable Quarrels with his Friends, tyrannical Treatment of his Children, and perpetual Persecution of his Wife, are the sad and incontestable Proofs of our Allegations. As for Monsieur Herard, after having rejected all Truth, as low, gross, and unbecoming the delicacy of his Wit, after having exhausted his copious Imagination, in inventing, feigning, and giving false Colours of Virtues to Vices, and of Vices to Virtues, balked of the Success of his Artifices, he has recourse to Laws extinct, whose Authority he would revive. He flies to the old, ridiculous Novel of Justinian, a pretty Refuge for so famous an Advocate. Let us see this terrible Law, GENTLEMEN, so redoutable to Humane Society; this Novel, that takes from honest Folks the sweetest Consolation of Life, by punishing a reasonable, and innocent Conversation. If a Woman eats with Men without the Permission of her Husband, She loses her Rights; She can claim no benefit of her Marriage Articles. Happily for us this Novel is not in force at this time. If this good Law had held its Credit, every Wife in the Low Countries, France, and England, had forfeited her Jointure. I wonder that Monsieur Herard, to show his Skill in Antiquity, did not lead you from the time of Justinian, to that of Romulus, when Husbands, and Fathers used always upon their first coming home, to kiss their Wives, and Daughters, to discover whether they had drank Wine, or not; and if they had, they punished 'em for those Faults, which Wine might occasion, altho' the Faults were not really committed. I confess, that the Laws give a very great Power to Husbands, but then there were no Mazarins, when they were made; if there had, the whole Authority had been lodged in the Woman. Reason taught the Ancients to make just Laws, or such at least as were necessary for the Government of their Age: But you, gentlemans, are not to be concluded by 'em against the Rights of your own; you have still the Liberty of judging Sovereignly of your own Interests by your own Lights. Husband's would be too happy, if Monsieur Herard's Enthusiasm might prevail: Wives too unhappy, if it had any Influence over your Judgements. To be a Husband, would be sufficient to excuse all Faults, justify all Crimes, and commend all Defects. To be a Wife, enough to suffer Innocent, to be despised for Merit, and decried for Virtue. Let Monsieur Mazarin spoil, waste, and ruin all, he is Master; He's the Husband: Let Madam Mazarin be left to Necessity, abandoned to Misery, and the Tyranny of her Creditors: What Right has She to complain of Monsieur Mazarin? Says his Advocate, She's his Wife. A Custom of the Greeks, a Law of the Romans, or some Novel of Justinian, are matter sufficient for a Declamation. Madam Mazarin eats with Men without leave from Monsieur Mazarin, She loses her Dower, and Matrimonial Rights. She loses all that She can pretend to. Moderate yourself Monsieur Herard, cool a little. Otherwise I shall bestow that Character upon you, that Sallust does on Catiline, Eloquentiae satis; Sapientiae parum. Eloquence enough, very little Sense. Let us come to the wonderful Revolution, which we can't think on without astonishment. Here it was, says Monsieur Herard, that She ought to have left England, and thereupon ●e aggravates the Shame of her staying behind the Queen, to whom She had the Honour to belong. No doubt but Madam de Bovillon, and Madam Mazarin would have waited on the Queen with Pleasure; but the Secret of leaving her Kingdom was of such Importance, that it was not imparted to any one; so that the Ladies were left of Necessity in a Storm, which nothing but the Presence of the new Prince could allay. Since that time, it has been impossible for Madam Mazarin to leave a Country, where She has been in a manner blocked up by her Creditors; or rather by Monsieur Mazarin, who has forced her to contract inevitable Debts, which he will not pay. He demands with the Authority of a Husband so dear to his Advocate, that She return to Paris, while he necessitates her Absence, and complains of the Separation, which he causes. He pretends to desire her Person, but in Reality he covets only the Estate, that he may complete the Confusion of it. The Parliament of England would have sent away Madam Mazarin, I confess, but She had no occasion to ask the Protection of the present King, his Justice prevented her Request. But tell me, Monsieur Advocate, who set you on to declaim so furiously against the King? You call him the Destroyer of our Faith without Reason. But for his Humanity, Goodness, and Protection, not a Catholic had been left in England. You thought to make your Court by it to the King of France, and are mistaken. A Prince, that has so true a taste of Glory, a Prince so clear-sighted, distinguishes great Merit, wherever he finds it. His Judgement, and his Affections don't act always in concert; His Generosity to his unfortunate Friend does not hinder him from being just to the Virtues of his Enemy. To return to Madam Mazarin, it remains only that I justify her against three Charges, which will give me very little trouble. The first is, That She keeps a Bank▪ the second, That She sees Episcopal Protestants, and Presbyterians; the third, That She converses with Milords. Hear, GENTLEMEN, hear your Orator Thunder. Never did Demosthenes of Greece flash his Wildfire against Philip, at the rate that Herard of France does his against Madam Mazarin. Madam Mazarin keeps a Bank, what a Disorder is this! a Basset Table in her House, what a Shame! She sees Church of England Men, and Presbyterians; O Impiety in a Catholic! the Wife of Monsieur Mazarin devoted absolutely to Congregations, and Fraternities, speaks to Milords; O Depravation of Manners! O Tempora, O Mores! Cool this heat of Eloquence, Monsieur Orator, and bring yourself into Temper. Great Genius's are apt to fly out; Give a little Attention, afford yourself leisure to consider things a little. Do you think, that three Great Queens, Devout and Virtuous, as any ever were; Queen Katherine, Queen Marry now in France, the present Queen of England, and the Princess her Sister, who is so regular; Do you think, they would have had public Basset Tables, if Basset was not an honest Diversion, an innocent Game. The Accusation of seeing Church of England Men, and Presbyterians is ridiculous. To reproach Madam Mazarin for seeing Protestants at London, is altogether as just as to upbraid Protestants with seeing Catholics at Rome. But if it be a Crime to see Protestants in England, sure 'tis much more so to espouse 'em. Yet a Daughter of France, an Infanta of Portugal made no difficulty of it. Their Chamberlains, their Ladies of Honour were Protestants. The Principal Officers to Queen Mary were such; then how could Madam Mazarin go to Court without seeing 'em? The Queen's Eyes could bear the sight; why should it offend Madam Mazarin's? But if ever any Persons signalised their Zeal for the Catholic Religion, 'twas King James, and Queen Mary; yet they made no scruple of being crowned at Westminster; of Praying with the Bishops, and Receiving the Crown from the Hands of the Archbishop of Canterbury. Society has indispensable Laws, Laws equally Enemies to Impiety, and difficult Scruples. We are come now to the Milords, which Monsieur Herard is as great a Stranger to, as the Bassa's, and Mandarins. I'll inform him then, that these Milords are the Peers of the Realm of England, the most considerable Subjects of the Nation. Madam Mazarin will confess, that She knows a great many, whom She esteems as much for their Merit, as She respects 'em for their Rank, and Quality; She will own, that She has received great Services from 'em in difficult Times, that they have given her great Assistance in her Necessities; after this Confession, methinks I hear Monsieur Herard exclaim, O! Depravation of Manners! O Tempora, O Mores! But he must give me leave to answer with more Reason. O Stultitiam inauditam! O unheard of Impertinence! Well! GENTLEMEN, Let Monsieur Mazarin have leave to dishonour the Name he bears through all the Villages; let him settle the great point of keeping Sheep decently; let him tax the leaps of Bulls. He shall give Rules to Apothecary's Boys for the decent Administration of Clysters; and prohibit Women from Milking Cows, and Spinning at the Wheel. And shall not Monsieur Orator suffer Madam Mazarin to support the Dignity of her Name in all Courts and Nations where She comes. You are Eloquent, Monsieur Herard, you talk well: But fine things without Reason, make no Impression upon sound Judgements: Madam Mazarin shall return to her Husband to be admitted into the Society of Shepherds, Herdsmen, Apothecaries Boys, Milk Women, and Spinners at the Wheel. This is what all your fine Words will-never persuade Men of Sense to. If you harangued to ignorant People, you might dazzle, if not move 'em; but to your Misfortune, you have to do with Judges of Sagacity, Wise Men, provided against your false Lights, and all your vain Exaggerations. I wish, GENTLEMEN, that Monsieur, and Madam Mazarin could appear before you together at a Hearing, you would read their Separation in their Faces. Every Line in Monsieur Mazarin's would confirm it. Heaven has already made the Separation by the contrariety of their Humours, the opposition of their Tempers; by their good and bad Inclinations; by the Greatness of one's Soul, and the Meanness of tother's. Nature has separated 'em as well as Heaven, by a Beauty that Charms all Eyes, and an Aspect that Offends all. Some unluckey Star knit this Knot, which Reason has instructed Madam Mazarin to untie. Thus, GENTLEMEN, you have before you, the Cause of Heaven, of Nature, and of Reason: 'Tis hoped your Wisdom will give the finishing stroke to this great Work; that it will confirm this Separation for ever; and, taking out of his Hands the Administration of the Estate, secure to the Children the poor Remainders of that prodigious Wealth, which he has confounded. FINIS.