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A43360 The arguments of Monsieur Herard for Monsieur the Duke of Mazarin against Madam the Dutchess of Mazarin, his spouse and the factum for Madam the Dutchess of Mazarin against Monsieur the Duke of Mazarin, her husband / by Monsieur de St. Evremont.; Plaidoyez de Mr. Herard pour Monsieur le duc de Mazarin contre Madame la duchesse de Mazarin. English Erard, Claude, 1646-1700.; Saint-Evremond, 1613-1703. Factum pour Madame la duchesse de Mazarin contre Monsieur le duc Mazarin, son mari. English. 1699 (1699) Wing H1490; Wing S302_CANCELLED; ESTC R236541 59,638 177

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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 d● 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
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 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 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
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 liv'd 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 cou'd be more opposite The Queen devoted her self wholly to the care of Salvation and Eternity and the Exercise of our Religion Madam Mazarin gave her self up to the Follies of the Age and seem'd to have no aim but to ruine her self 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 publick Rendezvous for Gaming Pleasure and Galiantry a new Babylon where People of all Nations Sects and Tongues march'd confusedly together under the Standard of Luxury and Fortune The Queen labour'd 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 her self at the Feet of God's Altars and to pay him that Worship and Adoration which are his due Madam Mazarin idoliz'd her self sought Adorers and exacted a prophane 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 Guilt 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 liv'd in her capital City only to raise an Altar to Belial on the very spot where that Princess rais'd one to the true God the having plac'd the Idol of Dagon so near the Ark the having applyed your self as much as in you lay to combat by your Life those Holy Maxims which she establish'd by hers Had you liv'd with that Sage Queen as you ought to have done you wou'd 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 wou'd at least have learn'd not to make a Monster of the Piety of your Husband you wou'd have learnt to come over to his Opinions and besides the Authority of a Husband to have rever'd 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 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 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 shew these unknown Alliances But there are none 't is only to have her Swinge uncontroul'd that she stays there GENTLEMEN by this time I presume you are convinc'd that there never was any case that with more reason requir'd the rigour of the Law Never any Woman that more amply deserv'd to be declar'd 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 incurrs in case of Disobedience and pronounce her ipso facto depriv'd of Dower and Settlement by virtue of this Judgment 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 compell her to regard your Sentences This course was taken by the Parliament upon an occasion wherein 't was much less necessary and against a Woman that less deserv'd it than Madam Mazarin 'T was 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 appear'd to protract the Suit the Count of Clermont demanded that She shou'd be oblig'd to return to his House during the Process or otherwise remain depriv'd of her Settlement which was accordingly order'd The like Judgment was also obtain'd by Torinon the Notary against his Wife altho' there was an actual Separation of Effects and the Separation adjudg'd and executed You see therefore that Judgment against Madam Mazarin can by no means be dispenc'd 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 alledges first that She is detain'd in England by her Debts which She has
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 'T is therefore probable that She finds her self now better dispos'd 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 wou'd be out of the Rank wherein Providence has plac'd her whereas with her Husband She wou'd be in her proper Station And tho' She shou'd at first feel a little Reluctance a short time wou'd reconcile her to a Yoak that is all Sweetness to those that have once submitted to it and it wou'd happen to her as the Apostle says in the same Place that the believing Husband shall sanctifie 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 cou'd not subsist singly and without Equipage upon a Pension of 20000 Crowns a year which She constantly receiv'd from the King of England She that has carried away and squander'd 100000 Crowns worth of Jewels and rich Moveables and still pretends her self to be in Debt She in short that made it one of the ordinary Diversions of her Youth to throw Baggs 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 her self entirely abandon'd 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 'T is 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 improv'd 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 requir'd a little of what you call Prodigality These overgrown Estates are like Bodies too full of Blood that wou'd be suffocated with Health if they were not reliev'd by seasonable Bleedings They are like Rivers whose Waters will not be damm'd up but purge by flowing and diffusing themselves they wou'd become corrupt or break their Banks and be entirely lost if they were too straitly penn'd up Those that have the Management of such great Fortunes ought 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 wou'd be to the purpose in a Tryal 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 shou'd be dispens'd 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 clear'd 'em and added to 'em at the expence of his own Patrimony Tho' these Matters be altogether Forreign 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 't is his Interest to justifie himself to You. First Has Monsieur Mazarin alienated any one of the Cardinal's Effects I challenge you to declare and defie 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 Children'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 your self 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 oblig'd himself to lay out in the Purchase of an Estate with a Title annext 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 Dutchy of Rethel not for 1200000 Livers but 2200000 Livers 'T is true that to make up this Summ he borrow'd 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 Moveables 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 'T is 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 Dutchy 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 shou'd take the Liberty to publish to the World and to say before you GENTLEMEN that Monsieur Mazarin ruines his Wife and Children and that he has squander'd 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 receiv'd 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 produc'd to support the Demands of Madam
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 p●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 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 tax'd 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 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
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 ●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