of Effects Matters standing thus she had recourse to her last Stratagem 'T is with Grief that Monsieur Mazarin is oblig'd 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 publick 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 thro' 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 Domesticks 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 dâ— Chambre and one of Monsieur de Nevers's Gentlemen one nam'd 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 indispos'd and at rest and suffer'd no body to come into her Apartment so that Monsieur de Mazarin was not inform'd of her flight till the Night following Never was Anguish comparable to that of Monsieur Mazarin he procur'd the King's Orders to all the Governors to stop her passing the Frontiers and caus'd her to be pursu'd with all the diligence imaginable But she having the start by four and twenty hours and travelling exceeding swift render'd 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 intreat you GENTLEMEN to take notice what Respect and Honour he shews for Madam Mazarin in not suffering any Information to be brought or any Decree to be given directly against her he desir'd no more in relation to her than liberty to recover her which was granted By these Informations it was fully prov'd 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 forc'd to rake into these matters but they are of too great importance to my Cause to be pass'd over in silence Warrants were issued out against his Domesticks and Personal Process decreed against himself and the other Person of Quality A Contempt was prepar'd and ready to be adjudg'd 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 aim'd 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 indispos'd for a Reconciliation let drop his Suit and left the accus'd in quiet I shall not amuse my self 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 wou'd neither be for her Honour nor his Satisfaction And so far is he from entertaining the Publick 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 re-union of Madam wou'd entirely effect 'T is sufficient to inform you that she went first for Italy from whence she return'd privately to France and lay some time conceal'd 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 retir'd into England where she has made her longest abode For the two first years Monsieur Mazarin who still hop'd for her Conversion return'd considerable Summs to her besides what she carried away with her But at length touch'd to the quick at her obstinate refusal to return but more at the ill Reports which she had occasion'd of her self 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 Summ of 300000 Crowns which he ow'd 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 restor'd 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 Heroick Vertues 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 Catholicks much Reputation of Sanctity that she observ'd but ill the wise Advice the King and Queen honour'd her with and that she consider'd less their Persons than the uncontroul'd Liberty and Pleasure she enjoy'd 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 depriv'd 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 't is no longer lawful for a Catholick 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 't is evident she designs to make there all the rest of her Life if you GENTLEMEN don't compell her to leave it has pluck'd off the Mask and discover'd the real Motives that drew her to and keep her still at London and at the same time shews how little worthy she was of the Protection the King and Queen honour'd 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 follow'd ' em Cou'd she see without horrour the Usurper of their Kingdoms and the Enemy of our Faith establish his Dominion upon the Wrack of their Legitimate Throne and the ruine 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 banish'd all Catholicks ought she not to have prevented it by a voluntary departure Let her not pretend her Debts were any impediment I shall shew in due Place the fallacy of that Excuse as likewise of those pretended Debts themselves Let her tell us nevertheless who hinder'd her from going when so many English-born Catholicks 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 inform'd by the Votes and Gazetts of England of the Efforts of the Convention to drive her thence and their Addresses to the Prince of Orange that he wou'd order her to be gone Did they lay any condition upon her Did they order her to be detain'd till she had paid her Debts No they desir'd of her only the favour to be gone Madam Mazarin was forc'd 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 Heresie before France Peaceable Flourishing and Catholick The Court of an Usurper before that of the greatest and justest Prince in the World and that for this she shou'd implore an Authority which she ought to have in abhorrence that she shou'd 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 Dutchess 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 mov'd at the Peril to which her stay in England exposes both her Person and Religion as she her self says in her defence has at length resolv'd to try by your Authority to effect that which the Instances of the Convention of England cou'd not He has presented his Petition to the Council to declare her depriv'd 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 disavow'd by him That altho' Madam Mazarin has sufficiently incurr'd the Penalty of Privation of her Settlement by her Flight and by her Contempt Monsieur Mazarin wou'd be highly satisfied that she shou'd 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 depriv'd 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 form'd 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 satisfie him and shew you just cause to declare Madam Mazarin depriv'd of Dower and Alimony and that her past Conduct does but too well justifie such Deprivation In order to which I hope to prove that 't is 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 Authoriz'd by the Practice of all the Courts There are two Cases wherein the Roman Law deprives a Wife that divorces her self from her Husband of Dower and Alimony The first is when she withdraws and divorces her self 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 prais'd is none of our case But he immediately subjoyns 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 parentes 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 debauch'd they amount to a violent suspition at least and for the satisfaction of a Husband 't is not enough that his Wife be free from the Guilt unless she behave her self 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
been forc'd to contract and which amount to 100000 Livers that if Monsieur Mazarin wou'd have her he must pay that Summ. She demands likewise that he be condemn'd 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 'T is 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 Summ of ready Money and that 't will not be easie to borrow it for that use In short GENTLEMEN I shall shew you that these Debts are but a sham 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 her self of saying that she is willing to return into France upon condition that Monsieur Mazarin may be oblig'd 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 then she was not aware of the design she had to return into France or of her being detain'd in England for her Debts She liv'd undisturb'd at London not only after the departure of the King and Queen but even after the Petition of Monsieâ—â— 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 'T was necessary that her Councel at Paris who drew her Answer shou'd 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 prest to put in an Answer to the Petition of Monsieur Mazarin which was ready to go by default She had not only not perceiv'd 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 GENTLEMEN but this Remark has already satisfied you that neither the Condition nor the Intentions of Madam Mazarin are such as She wou'd perswade 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 Mâ—â—â—rin whether She wou'd return or not and is still in her choice Upon reading her Defence wou'd 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 wou'd bring back what She carry'd away from Mazarin House They have indeed produc'd an English Certificate sign'd as they say by a Serjeant 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 shou'd 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 observ'd 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 expell her and that She had not been suffer'd to continue there but thro' 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 tax'd with the breach of her word if she shou'd 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 cou'd imagine that Madam Mazarin shou'd make a difficulty of leaving England because She owes a little Money to the English that made none of stealing her Self from her Husband and the Kingdom to which She ow'd all to go into England Does She think these pretended Debts more sacred than the Obligations of Wedlock which She has so highly outrag'd and which incessantly recall her But let us enquire a little into these pretended Debts you shall see GENTLEMEN not only that She cou'd not have any Legal ones but that in reality She has not contracted any 'T were 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 her self without the consent of her Husband Madam Mazarin her self 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 shou'd think necessary for her Defence And the Council has expresly authoriz'd her for that purpose judging that without that She was not in capacity to engage her self 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 tenour of our Laws The English or other Strangers who may have contracted with her ought to have inform'd themselves of her Condition They ought to have known that a Woman Married in France who has a Husband actually living has not by runing away shaken off her dependance or acquir'd any right of disposing of her Effects and therefore they ought to thank themselves for those Loans And I am perswaded that the Judges of England wou'd in this case do her the same Justice that the Council and other Soveraign 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 deriv'd from those of the Normans who have always us'd their Wives to a greater Subjection to their Husbands and laid 'em under a more absolute Prohibition from entring into Obligations than the rest of our Country But this is a superfluous enquiry since 't is 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 shou'd have occasion to borrow She carried off with her above 100000 Crowns in Jewels Plate Silver Stuff and rich Moveables which be sure She wou'd first turn into Money before she came to borrowing Besides this as I have already told you Monsieur Mazarin remitted to her divers Summs in the first Years of her Absence and as soon as She set foot in England the deceas'd King allow'd her a Pension of 58000 Livers a Year in consideration of the Summ of 900000 Livers which he ow'd 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 wou'd imagine Can it be possible that with so considerable an Income She shou'd be reduc'd to a necessity of borrowing Wou'd not this argue her of an inexcusable Profuseness of which we are not willing to suspect her But if it ben't probable that She shou'd have any occasion to borrow it is much less so that She shou'd find any Lenders of so confiderable a Summ unless they were willing to lose it and make her a Present under colour of a Loan Cou'd any one be so imprudent as to trust his Money with a Fugitive Stranger under Covert Baron that cou'd dispose of nothing Which of us wou'd lend his Money to a Stranger in her Circumstances These Debts therefore are a meer Sham. Madam Mazarin has not made it apparent that She is prosecuted by any of her Creditors as I have already observ'd She does not produce Copies of those Obligations which She pretends to have enter'd into nor has She so much as brought in the State of these Debts or given a List of the Names of the Creditors Wou'd 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 shou'd 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 your selves 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 24000 Livers a year I shall not advance any thing that 's new to you GENTLEMEN when I say that 't is a constant Rule in Law that a Wife can't be allow'd 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 Morâ—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 compell'd 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 Pagans themselves who were ignorant of the Sanctity of Matrimony observ'd it by the meer light of natural Reason How much more inviolable then 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 receiv'd from Monsieur Mazarin which may authorize 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 wou'd separate 'em in effect by alloting her a Habitation apart from her Husband My second Observation is that She cou'd 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 her self 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 Wou'd this Lady that try'd all Methods possible or impossible to withdraw her self from the Government and sight of her Husband have fail'd 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 Wou'd She have taken this strange Resolution of running away in a scandalous criminal manner which wou'd not only stick an eternal blemish on her Reputation but had expos'd her to the severest Punishments if She had been overtaken
that the World shou'd hear but one side And the Answer to the Pleadings falling into my Hands I thought my self bound to make the Publick 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 Dutchess 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 ruine her Family She had recourse to those Methods that might preserve her Estate and Liberty The Relations treated the Directors engag'd the King interpos'd his Authority but Monsieur Mazarin persisted inflexible to all Must a Wife be eternally enslav'd to the Caprices Enthusiasms and false Revelations of her Husband This is what Monsieur Herard has maintain'd with as many Injuries as Calumnies These few Passages may serve to shew the violent Spirit of the Advocate Matters are come to that pass in England that 't is no longer lawful for a Catholick 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 follow'd ' em Cou'd She see without horrour the Usurper of their Kingdoms and the Enemy of our Faith establish his Dominion upon the Wrack of their Legitimate Throne and the ruine 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 Tranquility 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 offer'd to them with as much baseness and unworthiness as it was Honour to her to pay that Respect which She ow'd 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 sacrific'd 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 transcrib'd 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 't is certain that he sent Articles to that pâ—rpose 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 Publick any account of our Domestick Affairs much less to let the Curious into any of our Secrets but to tell 'em in short that we are very well reconcil'd Monsieur Mazarin is not contented to have laid down Rules for the Conduct of Husband and Wife but he must needs make Regulations thro' his whole Estate without regard to the Authority of the Bishops or Governours 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 enjoyns Good Order amongst the Fryars 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 Holy-days and the Banns of Matrimony Vespers are not forgotten He touches lightly upon the Sermon Proceeding to some Rules for Lay-men He orders 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 Sheâ—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 tax'd it Having a vast Extent of Land in dâ—vers Provinces he takes his Progresses to see his Orders put in Execution which being universally ill receiv'd he purchases Obedience to 'em at an extravagant rate His Train of his Fraternities his Equipage of Zealots errant half Ecclesiasticks half Seculars wou'd 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 justifie 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 Dutchess his Wife 'T IS a certain Truth GENTLEMEN that Impudence is not acquir'd in an instant 'T is 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 GENTLEMEN how much Study and Practice must have concurr'd to give Monsieur Herard the Perfection of his Talent 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 Moveables 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 thro' which She only travell'd quietly as her way led her That She scandaliz'd 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 Superiours of the Houses in which She liv'd That her Pension in England was given her in acknowledgment of a Debt due to the Cardinal a Debt which the two Kings always laugh'd at as Chimerical and Ridiculous To invent a hundred things of
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 refus'd to pay it being inform'd by his Director that 't was a more criminal Simony in him to purchase the Sacrament of Marriage than in a Bishop to purchase his Bishoprick See GENTLEMEN the nice tender Conscience of Monsieur Mazarin Monsieur de Frejus like a Bishop as he was wou'd have taken the Money and never bogled at the Simony Monsieur Mazarin a meer 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 offer'd him He answer'd those that propos'd 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 resolv'd 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 GENTLEMEN 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 caus'd 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 Catholicks as well as they laugh at so ridiculous a Piety and you GENTLEMEN whose Piety is so solid disapprove no less than the Protestants themselves The greatest Misfortune that can befall a Man is to be depriv'd of so much Sense as is necessary to Humane Society The next to be oblig'd 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 't is almost impossible they shou'd 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 compell'd to live with Monsieur Mazarin Joyning 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 forc'd to endure Befieg'd all day alarm'd all night fatigu'd 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 wou'd have defended her self 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 honour'd by all that were Illustrious and Great there Upon her return to France She obtain'd of the King a Pension for her Subsistance and an Officer and Guards for her Convoy out of the Kingdom where She neither cou'd nor wou'd stay After so long fluctuation She fix'd her retreat at Chambery where She pass'd three years undisturb'd 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 receiv'd from 'em Favours bestow'd only on her Person without relation to Monsieur the Cardinal's Demand 'T is therefore to the meer Bounty of their Majesties that She owes her Subsistance For her Husband as just and charitable as he is devout had procur'd 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 inhumane 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 scandalizes all good Men. He 'll say that he fasts and mortifies himself 't is true but the Pain that he puts 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 wou'd 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 Wou'd to God GENTLEMEN we had occasion for false Vices as Monsieur Herard has had for sham Virtues To our Misfortune we have but too many real ill Qualities to alledge 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 baulk'd of the Success of his Artifices he has recourse to Laws extinct whose Authority he wou'd 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 shew his Skill in Antiquity did not lead you from the time of Justinian to that of Romulus when Husbands and Fathers us'd 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 punish'd '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 lodg'd in the Woman Reason taught the Antients to make just Laws or such at least as were necessary for the Government of their Age But you GENTLEMEN are not to be concluded by 'em against the Rights of your own you have still the Liberty of judging Soveraignly of your own Interests by your own Lights Husbands wou'd be too happy if Monsieur Herard's Enthusiasm might prevail Wives too unhappy if it had any Influence over your Judgments To be a Husband wou'd be sufficient to excuse all Faults justifie all Crimes and commend all Defects To be a Wife enough to suffer Innocent to be despis'd for Merit and decry'd for Virtue Let Monsieur Mazarin spoil waste and ruine all he is Master He 's the Husband Let Madam Mazarin be left to Necessity abandon'd 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 your self Monsieur Herard cool a little Otherwise I shall bestow that Character upon you that Salust does on Cataline 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 â—e aggravates the Shame of her staying behind the Queen to whom She had the Honour to belong No doubt but Madam de Bouillon and Madam Mazarin wou'd 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 cou'd allay Since that time it has been impossible for Madam Mazarin to leave a Country where She has been in a manner block'd up by her Creditors or rather by Monsieur Mazarin who has forc'd 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 compleat the Confusion of it The Parliament of England wou'd 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 Catholick 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 Judgment 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 justifie 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 Wild-fire 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 Catholick 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 your self into Temper Great Genius's are apt to fly out Give a little Attention afford your self leisure to consider things a little Do you think that three Great Queens Devout and Virtuous as any ever were Queen Katherine Queen Mary now in France the present Queen of England and the Princess her Sister who is so regular Do you think they wou'd have had publick 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 Catholicks at Rome But if it be a Crime to see Protestants in England sure 't is much more so to espouse ' em Yet a Daughter of France an Infanta of Portugal made no difficulty of it Their Chamberlains
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 Dutchess OF Mazarin's CASE The ARGUMENT For MONSIEVR the Duke of Mazarin Plaintiff Against MADAM the Dutchess of Mazarin his Spouse Defendant THE CASE MAdam the Dutchess 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 setled at London under the Pretence of the Honour which she had to be related to the Queen of England But their Britannick 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 past She obstinately refus'd Whereupon he presented a Petition and caused it to be Argued before the Great Council till an Order was obtain'd That during the unjust Elopement of the Dutchess and her obstinacy in absenting her Self from her House and from the Kingdom she shou'd be depriv'd and divested of her Dower and Right of Alimony To these Conclusions at the beginning of the Cause it was added That it shou'd 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 shou'd incur the Penalty of this Sentence without further delay or Judgment to be given He demanded further That it might be lawful for him to seize her wherever he cou'd find her and to cause her to be conducted to his own House THE ARGUMENT OF Monsieur HERARD GENTLEMEN AFTER the Information you have receiv'd from the Mouth of the Publick 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 amaz'd 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 offer'd by her Husband and makes more difficulty of forgetting the Injuries she has done him then he of forgiving ' em How many Husbands wou'd have had so much Tenderness for a Wife that had so far provok'd ' em How many wou'd have shut their Gates against her and being in the Flower of their Years depriv'd of the Sweets of Conjugal Society by her Caprice wou'd 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 receiv'd nothing but Honourable Treatment wou'd earnestly wish 'em so well dispos'd to accord 'em a Title they so little deserv'd and allow 'em the benefit of a Sacrament the Conditions of which they had so ill observ'd How happy wou'd 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 GENTLEMEN but this wou'd be the very Sense of Madam Mazarin her self nor but that she cou'd easily resume that Esteem and Affection which she formerly had for Monsieur Mazarin if she listen'd to her own Reason and Interest rather than the malicious Advice of one of her Family whose hatred Monsieur Mazarin has the misfortune to lye under without having drawn it upon himself These are not the first Tracks of this Enemy of his Repose which he has discover'd You see GENTLEMEN by the Pieces which I have communicated to you that by this dangerous Relation Madam Mazarin was instigated to revolt and favour'd in her Escape and 't is but too apparent that 't is 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 infus'd this Humour into her And this consideration alone has induc'd him so easily to pardon her without requiring any other Satisfaction than that she wou'd return home and mend her Conduct He avows likewise that while she offer'd him the most cruel Outrages he always took pains to justifie her to himself and that he has ever preserv'd 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 wou'd 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 thro' ill Advice she is obstinate in her denyal of what is due to him and to her self he is oblig'd to have recourse to you GENTLEMEN who know her true Interest better than her self that your Prudence may supply the deficience of hers that thro' the fear of those Pains which she has made her self obnoxious to she may be compell'd to accept those Advantages which are offer'd her and that you may by a Law oblige her to that which wou'd 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 wou'd knit again those Sacred Knots that you wou'd reunite two parts of the same Body which have been long since disjoyn'd 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 Publick 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 Publick to make any Reflections to the Prejudice of her Vertue Monsieur the Cardinal of Mazarin that Minister so enlighten'd 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 pleas'd there not being one who wou'd not have been extreamly proud to have been his Choice After having well consider'd 'em all he pitch'd upon Monsieur de
and Monsieur Mazarin wou'd have left her to the rigour of the Law 'T is 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 GENTLEMEN 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 provok'd all the occasions of complaint that Madam Mazarin gave him during the two last years that they liv'd together Nay I may say that he has given us an assurance that he never will be provok'd against her let her do what She lists for 't is impossible She shou'd give him greater reason to be so then 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 reproach'd him with at which all their Complaints or rather their Railleries were level'd 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 Heretick his Wife might separate her self 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 't is 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 furnish'd her with all that 's necessary not only for the convenience of Life but for her Pleasure and the support of her Quality with Splendor She can't deny that he has all those Qualities which make a Man of Honor 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 wou'd not suffer were he present Madam Mazarin acknowledg'd 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 'T is his Fault I confess to be religious and solicitous for the Health of his Soul a Fault which wou'd not appear such to any Wife that were not her self 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 justifie the slighting and leaving such a Husband as he A Wife that meets with no ill usage from her Husband shou'd not believe that there is in the World a genteeler more agreeable better humour'd Man than he And tho' She cou'd not perswade her self of that yet She ought to consider that Providence having join'd 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 requir'd betwixt 'em which enjoyns '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 her self 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 t'other into the Ballance do you think GENTLEMEN that Madam Mazarin wou'd have so much the advantage and that hers wou'd 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 GENTLEMEN is confirm'd by Experiments divers times repeated Madam Mazarin had already before She left the Kingdom honour'd several Convents with her Presence The Abbies of Lys Chelles and of the Nuns of St. Mary and some others will never forget the honour of those Frollicks Madam Mazarin has had there the Memory of which will be kept up by Tradition in those Houses for many Ages The Question then 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 determin'd in the choice of these two Expedients I am fully perswaded 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 inform'd of the State of the Contest they wou'd 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 aspers'd her Conduct But being inform'd by the Pleadings which they have honour'd with their Presence that the sole aim of Monsieur Mazarin is to reunite his Wife to him We are assur'd 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
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 Lodg'd 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 desir'd 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 cover'd from Scandal but She had been here but 15 days when She escap'd by a Stratagem under colour of reconducting Madam her Sister She tells this Story her self 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 receiv'd and lodg'd her in his House This too is true but they don't tell you how well She observ'd 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 perswaded her to go to France in the same manner that She had done to Italy And as Madam Mazarin was by Experience vers'd in all the Stratagems that are requisite to such Enterprizes Madam the Constable set sail under her Conduct and arriv'd safe at Marseilles in spight of all the diligence of Monsieur the Constable to pursue and take ' em At last you are told GENTLEMEN that in England She was lodg'd 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 't is not true that She did ever lodge in the Palace of the Queen while She was Dutchess of York or in the King's Palace after that Princess came to the Throne She always lodg'd in an Apartment belonging indeed to the Palace of St. James but St. James's Palace is not the Place of the King's Residence which is call'd White-hall not Louvre for the Name of Louvre is taken from the place where the Palace of our Kings is built It is in respect of White-hall what the Castle of the Tuillerie is respect of the antient Louvre 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 GENTLEMEN 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 wou'd upon this bottom warrant all that pass'd 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 your selves the trouble of a too difficult Justification which Monsieur Mazarin does not exact from you He will believe her Innocent content your selves with that and take care that your Over-Officiousness to justifie 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 her self to be carried away at first had any thing criminal in it 't is cover'd 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 foon 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 allow'd 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 joyning Monsieur Mazarin this is rather a continuation of the Affront than a Reparation As for the second retreat I have already acquainted you GENTLEMEN that they have not truly represented the matter of Fact and that if the King did reconduct Madam Mazarin out of the Kingdom 't was in conformity to his Word and the desire of Madam Mazarin that this did no way wipe off the Wife's Guilt 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 esteem'd not a whit the less culpable Madam Mazarin her self was so little perswaded 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 return'd with Madam the Constable her Sister into France She durst not appear but in disguise and being inform'd that the Duke who had some notice of her arrival was in quest of her She made all the speed She cou'd into Savoy and thence She went into England All these false Defences therefore must be retrench'd 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 cover'd or rather that it were Innocent But can her refusing to return to France and Monsieur Mazarin be excus'd Can her obstinacy be look'd upon otherwise than as a fresh Injury a new Crime Is She a Widdow has She transfer'd her self 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 dispens'd with her Tho' it were true that the King had given her leave or even order'd 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