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 [Page 2] 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.

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 [Page 4] 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 [Page 5] 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 'tis but too apparent, that 'tis he that still keeps up in her this humour of Sepa­ration, and hinders her from taking the Advantage of the good Disposition of my Client, to a Reconciliation.

Monsieur Mazarin therefore does not impute so much to Madam his Wife the Injuries she has done him, her Coldness, and her apparent Slights, as to those, that have 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 [Page 6] 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.

[Page 7] 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 [Page 8] 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 la Meilleraye, and offer'd him Mademoiselle Hortensia de Mancini his Niece in Marriage, with a great part of his Wealth, and the hopes of succeed­ing him.

This Minister, who wanted no Pene­tration, must needs have beheld him with other Eyes, than those which Madam Mazarin (or rather those that possess her) wou'd have us look upon him with. The Judgment of so great a Man is a suffici­ent Apology for my Client, a Testimo­ny of Proof against all the Calumnies that this Cabal have spread in the World upon him, and which have been receiv'd in it, only through a malicious Pleasure, that the common People take in hearing Scandal, and Raillery, especially when it falls upon People that have the Repu­tation of Piety, and a more regular Life than other Men.

Monsieur the Cardinal inserted one Article extraordinary into the Marriage Settlement; he does not give immedi­ately to his Niece alone the Estate, which [Page 9] he settles upon the future Couple, but he gives 'em jointly to Monsieur, and Ma­dam Mazarin; and to strengthen his Gift, he in that very Clause of Gift ex­presses two Motives, one relating to Monsieur the Duke of Mazarin, the other to his Niece. And in Consideration, says that Clause, of the choice he has made of the aforesaid Lord, her Husband, that is to be, to bear his Name, and Arms, and to testifie his Affection to the said Lady his Niece, and in favour of the present Marri­age, he gives to the said Lord and Lady, future Spouses, &c. These are the express terms of the Clause.

This, GENTLEMEN, ought not to be look'd upon as a mark only of the parti­cular Esteem, that the Cardinal had for Monsieur Mazarin, but as a means also to bind Madam his Niece more firmly to the Husband, which he had chosen for her, and to oblige her to a greater de­pendance upon him, as well knowing the inconstant humour of the Lady.

In one point he has given Monsieur Mazarin an advantage above her. For having setled the Reversion of his Estate by a perpetual Entail, which equally took away from either of 'em, the Pow­er of alienating i [...]; He orders that in [Page 10] case Monsieur de Mazarin shou'd survive her, he shou'd enjoy the whole, altho' he shou'd Marry a­gain; § 50000l, Sterling. but on the con­trary, if she surviv'd him, she was to enjoy but to the value of § 600000 Livres.

Monsieur the Cardinal was so satisfied with his Choice; and the Conduct of Monsieur the Duke after Marriage, so strongly confirmed him in the great Esteem he had for him, that he gave him fresh Marks of it in his Will. He made him joint Executor with his Dutchess of his whole Will, and therein repeated again the former Condition: That in case Madam Mazarin died before her Husband, he shou'd remain in Possession of the whole Estate; but she being the Survi­vor, shou'd enjoy the Interest only of six hundred thousand Livres, to which she had by the Marriage Settlement been reduc'd, without being capable of receiving any man­ner of addition, or augmentation to this allowance by the general Legacies.

Monsieur and Madam Mazarin liv'd to­gether in perfect good understanding, and tasted all the Felicity of a happy Match for near seven years. They had several Children, the birth of which ought to [Page 11] have united 'em more strictly, especially since the extraordinary Gifts, and Gra­ces of these Children were manifest Ar­guments of the peculiar Blessing of Hea­ven upon their Match.

But after seven happy years of Peace, the Poyson of Discord crept in betwixt 'em upon this occasion.

Monsieur Mazarin had the misfortune to fall under the displeasure of Monsieur the Duke of Nevers, without having ever offended him. Whether this Aver­sion were the effect of any natural Anti­pathy, or whether it arose from the de­spight conceiv'd by Monsieur de Nevers, at seeing a Stranger share with him the Spoils of his Uncle, and to see him even preferr'd to himself in his last Will, and chosen by Monsieur the Cardinal for the chief support of his Name and Family.

Monsieur Mazarin has always look'd upon Monsieur the Duke of Nevers, as the main Instrument of the Separation of Madam Mazarin from him; he is per­swaded, that 'twas he, who urg'd by his hatred, and perhaps by some motive of Interest, and the hopes of being their Heir, which he was appointed to be, in case Monsieur and Madam Mazarin had died without Issue, had chang'd the [Page 12] Affections of his Wife, and infus'd that Contempt into her, which has since been so notoriously apparent. And Monsieur Mazarin has been farther confirm'd in this Opinion by the hand which Mon­sieur de Nevers had in the carrying off Madam Mazarin, by all the Measures he has taken since, and by his present Con­duct.

The first and main aim of Madam Mazarin since she gave her self up to be seduc'd, has been always to withdraw from the Presence, and dependance of her Husband. She cou'd have wish'd, that either by some Violence, or Mena­ces, he wou'd have given her a Pretext to sue for a Divorce. But the mildness of Monsieur Mazarin, and the respect he always paid her, not only out of Affecti­on to her Person, but also out of a regard which he will ever have to the Memo­ry of his Benefactor, having taken away all colour for such an Action, she con­tented her self to form in the Year 1666, a demand for a Division of Effects.

Not that she had any hopes of succeed­ing in her Suit: The regular Oeconomy of Monsieur de Mazarin, the Moderation he always observ'd in his Expences, and the vast Estate he was then possess'd of, [Page 13] cover'd him sufficiently against such At­tempts. The sole design of Madam Ma­zarin was to furnish her self with a Pre­tence to abandon her Husband's House, while the Suit was depending.

This succeeding for a while, she re­tir'd to the Nunnery of St. Mary; but the Religious being soon weary of her Conduct, in a few Months she took a progress thro' three Convents more, which edified as little by her, as the former.

In short, GENTLEMEN, her Relati­ons being at a loss where to lodge her any longer, propos'd an Accommodation; and caus'd both Parties to sign a mutual Obli­gation, wherein 'twas agreed, that Madam Mazarin shou'd return to the Palace of Mazarin; but that during the Process, she shou'd be lodg'd in a separate Apart­ment.

The first Exploit she did, was to open a Passage thro' the Wall, between Ne­vers House, and her Apartment, thro' which she went and came at all hours of the Day, or Night, without passing thro' the Palace of Mazarin.

But this was not all; for thro' this Breach she convey'd away all the Plate, and richest Furniture of her Apartment, [Page 14] which amounted to an immense Va­lue.

At the Expiration of the Term of the mutual Obligation, when the Cause of Separation was ready to be heard, she truly foresaw that 'twas impossible it shou'd go for her. Monsieur Mazarin was too far off (what is call'd) Vergere ad inopiam, falling into want, which is the Case, in which the Law allows a Parti­tion of Effects. Matters standing thus, she had recourse to her last Stratagem.

'Tis with Grief that Monsieur Mazarin is 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 [Page 15] 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, [Page 16] 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, [Page 17] 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.

'Tis sufficient to inform you, that she went first for Italy, from whence she re­turn'd [Page 18] 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.

[Page 19] 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 [Page 20] 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 'tis 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 'tis 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.

[Page 21] 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 [Page 22] 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?

[Page 23] 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 [Page 24] 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 Second Hearing OF Monsieur HERARD.

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 'tis the usual Correction given to Wives, that abandon their Husbands without lawful Cause, and break that [Page 26] 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, [Page 27] 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, 'tis 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, & lucrari qui­dem dotem, antenuptialem vero habere do­nationem.

Cujacius upon one of these Novels uses these Expressions: Paenae dissidii sunt; mu­lier, quae absque probabili causa discedit a marito, vel quae discedendi causam marito praebet, dotem amittit, & lucra nuptialia.

I suppose, GENTLEMEN, That't will not be alledg'd, that our Wives are not oblig'd to have the same respect for and dependance upon their Husbands, or so [Page 28] much regularity in their Conduct as the Roman Ladies. They have, I confess, in France, somewhat more of that honest Liberty, which offends not against Mo­desty; we are not so severe as that Peo­ple, in matters simply Innocent. But we dispense no more than they with the essential Obligations of Marriage, nor connive at what may give just ground to suspect 'em of a Crime, which is so sollicitously conceal'd, and of which we can judge only by appearances. To grant that, were to wrong the purity of the Age we live in.

It was objected to me at Parquet, that these Penalties were establish'd by the Roman Law, only in case of a legal Di­vorce, which the Law of those times allow'd, which imply'd a total Dissoluti­on of the Marriage; and that such Di­vorces being no longer allow'd, the Pe­nalties inflicted on the Woman that gave occasion for, or practis'd it, cou'd no longer be retain'd in use.

But on the contrary, I maintain, That if they punish'd Violations of the Rights of Matrimony in such a manner, at a time when they were not sufficiently ac­quainted with the dignity of it, when they scarce look'd upon it as more than a [Page 29] civil Contract; they ought to be more severely chastised now, when the digni­ty of the Sacrament is better known, and its Rights are become more sacred. I maintain, that if a Wife shall abandon her Husband, or fall into those disorders mention'd in these Laws, since she can no longer be punish'd by Repudiation, which was but one of the Penalties which by those Laws she incurr'd, she ought at least to suffer all the other which they annext to it.

Otherwise we must avow that the Roman Laws have too severely provided to vindicate the Honour of Husbands, and Matrimony, or ours not enough. The former gave the injur'd Husband double Vengeance, and double Consola­tion, the one in ridding him of a disor­derly Wife, the other in giving him her Portion; so that at the very same time she injur'd him by a causeless desertion, she repair'd it by leaving him his Liberty, and her own Fortune.

Will they pretend, that we by rai­sing the Value, have impair'd the Ob­ligation of Matrimony, and the right of Husbands? Will they say, that because a Wife is more straitly, and inseparably bound to her Husband, that therefore she [Page 30] may with impunity abuse him, fail of her Duty, and commit without fear all those Enormities which these Laws pu­nish'd with Repudiation, and loss of Dower? Were not this to judge very hardly of our Policy, and cou'd there be any thing more dangerous than such an Impunity?

GENTLEMEN, Let us apply these Maxims to the case before us; Madam Mazarin is a delinquent both those ways; which demand a Privation of Dower.

First, She has given, and still conti­nues to give Monsieur Mazarin such cause of Complaint, as wou'd heretofore have empower'd a Husband to turn off the Wife; and keep the Portion. Mulierem, viro prohibente, gaudentem conviviis alio­rum virorum nihil sibi competentium, Is not this Madam Mazarin? Virorum ni­hil sibi competentium, Those Gamesters by Profession, those Milords who eat constantly, and pass whole days, and part of their Nights with her. Is this fit Company for her? Is there any sort of Men, with whom she ought to hold less Correspondence?

Vel etiam invito viro foris pernoct an­tem. Madam Mazarin has not only spent Days and Nights so, but Weeks▪ [Page 31] Months, and Years. Monsieur Mazarin therefore, according to these antient Laws, has a right to put away his Wife, and detain her Fortune. But since our Religion permits not the former, the Law is for that reason the more necessa­rily bound to relieve him otherwise, and to preserve to him the other mean to compell his Wife to return to her Duty, or to punish her Disobedience.

Secondly, Madam Mazarin is guilty of the other Fault, which these Laws punish likewise with loss of Dower; she has, as far as in her lay, causelesly divorc'd her self from the Duke. She has not, I must confess, made a true divorce, ta­king the word in its strictest Significati­on, for a nullity of Marriage, because the Law has put that out of her Power; but she has made a divorce in Fact, much worse than the other; because being his Wife, she lives as if she were not so; and robs him of the Pleasure of Conju­gal Society, without easing him of the Bondage of Matrimony.

But if you please, GENTLEMEN, to reflect upon the Circumstances of this Absence, this Divorce, you will find that all Circumstances concur to aggra­vate [Page 32] it extreamly, and call for the ut­most severity of the Laws.

First, How did Madam Mazarin make her Elopement from her Husbands House? In the Night, disguis'd in the Habit of a Man, thro' a Passage which she had caus'd to be open'd into the adjoyning House; after she had convey'd away all her Plate, all her silver Stuffs, and the rich Furniture of her Apartment, she at length causes her self to be con­vey'd away. But by whom? 'Tis true, the Duke of Nevers her Brother, just lent her his hand, and parted from her; but he left her in the hands of one of the most gallant, handsomest young Lords in all the Court, who was no Relation, who furnish'd her with Equipage, laid Horses necessary for her Escape; and ha­ving born her company some days, left one of his Gentlemen, and part of his Retinue to convoy her out of the Kingdom.

Can it be deny'd, that all these Cir­cumitances of her Escape are extreamly Criminal in themselves? May we not suspect some greater Crime, and believe that she has but ill preserv'd that Trea­sure, which by the danger she wilfully threw it into, she appears to value so little.

[Page 33] Wou'd not a Husband, that had the least spark of Jealousie, look upon such an Elopement as demonstrative proof? Wou'd not the Judges themselves have been amaz'd, had this Suit been prose­cuted? And ought not Madam Mazarin to be extreamly oblig'd to Monsieur Ma­zarin for the Justice which he does her, and the favourable Thoughts he has all along entertain'd of her Virtue, in spight of the imprudence of her Conduct.

Second Circumstance; When Madam Mazarin left her House, did she retire to any Monastery, or any honourable House in the Kingdom? No! She left France to ramble over the World, and carry her Shame and her Husband's all over Europe.

Third Circumstance; How long has Madam Mazariu absented her self from her Husband's House, and from the Kingdom? Is it one of those short Se­parations, which the Lawyers call Fri­gusculum, which ceases as soon as the first Emotions are appeas'd. 'Tis now full Two and Twenty Years, that she has persisted in her revolt from the Authority of her Husband, in her alie­nation from her Duty, and in her in­difference to her Country, and Chil­dren. [Page 34] Is it not time that the Magistrates shou'd interpose their Authority to ob­lige her to that, which the Sense of Na­ture, the love of her Country, and the consideration of her Duty and Honour ought to have exacted from her long ago?

There is yet one Circumstance more; Has Madam Mazarin since her Elope­ment, liv'd with that Modesty, and Retirement, that Decency requires of a Woman that is forc'd to quit her House, her Family, and Country, by domestick Discontents; which they wou'd make us believe to be her Case? I shall upon this occasion take notice of nothing, but what is publick, and which I shou'd la­bour in vain to conceal. Madam Maza­rin left France to set up a Basset Table in London, to make her House a publick Ordinary for Gaming, and all the loose Practices which Gaming draws after it, or rather serves as a colour for.

And shall the Magistrates behold this Scandal and Disorder, without applying any Remedy? Shall not the Law be able to punish, and vindicate a Husband af­fronted to that degree? Nothing can be more injurious to the Honour of the Publick, than such a Supposition: No­thing [Page 35] more repugnant to the Nature of the Laws of France.

Divers of our Customs, as that of Normandy, Article 376, and that of Brittany, Article 430, declare expresly, That if a Husband dies during the Elope­ment of his Wife, without Reconciliation, she shall lose her Jointure, and other Settlements, upon the bare complaint of her Husband's Heir, altho' no suit were commenc'd in his Life-time.

Judge then, GENTLEMEN, What in proportion the Woman ought to suf­fer, that runs away, as Madam Mazarin did; and absents her self from the King­dom two and twenty years, and still con­tinues deaf to the Complaints of her Husband.

In the Canon Law, the Authority of which amongst us in Matrimonial Cases is well known, We have a positive De­termination in this Case: 'Tis in the Chap. Plerumque decretal. de donation. int. Vir. & Vxor. Si Mulier ob causam Forni­cationis judicio Ecclesiae. This is the first case; Aut propria voluntate a viro recesse­rit. See the second, Nec reconciliata postea sit eidem, dotem, vel dotalitium re­petere non valebit. This Chapter ranks her that causelesly deserts her Husband, [Page 36] with her that is convict of Adultery; it looks upon both these Injuries as equal, and punishes both alike with loss of Dower, and Settlement.

In short, 'tis plain, consider it how we will, that such a Desertion ought to be punish'd in a Wife with such a Depri­vation.

For first 'tis not to be deny'd, that 'tis a manifest Opposition to the En­gagements, which by her Marriage Con­tract she enter'd into; and an absolute Infraction of the Conditions of that Con­tract. Now 'tis a certain Maxim, that he that runs counter to the Conditions of a Contract, and fails to perform his part of the Obligation, loses the Benefit of it, and can claim no right under it: By consequence, the Restitution of Por­tion, the Right of Jointure, and Parti­cipation of Effects appertaining to a Wife only by vertue of her Marriage Contract, the C [...]onditions of which she has broken, sh [...] ought without dispute to lose all title to 'em.

If the Law be so severe upon Wid­dows, that marry before their year of Mourning be expir'd, only because so precipitate a second Match looks like a disrespect to the Memory of the dead [Page 37] Husband; if they punish this Fault not only with loss of Estate, but with Infa­my likewise; What Correction can be too severe for a Wife, who shews so much contempt of her Husband while alive, and persists in it so many years?

If the Son, who is wanting in his Respects to his Parents, or who aban­dons them, and refuses to return at their desire, renders himself unworthy to In­herit: If a freed Man, by the least affront to his Patron, lost his Liberty, and Estate: If a Vassal amongst us, by in­juring, or not acknowledging his Lord, forfeits his Fee: When a Wife, who is undoubtedly oblig'd by stricter Bonds to her Husband, than to her Father, or Mo­ther; to pay more Respect than a freed Man to his Patron; and more Honour, and deference, than a Vassal to his Lord: When this Wife, I say, violates all her Obligations, when she disowns him, when she shews an open Contempt of him, can a less Punishment than depri­vation of Dower, and of all those Rights that depend on Matrimony, suffice?

You see therefore, GENTLEMEN, by all these Reasons, there is but too much cause to pronounce Sentence a­gainst Madam Mazarin.

[Page 38] All that was alledg'd at Parquet, in defence of her Desertion, and long Ab­sence, was, that the Novelle, which de­prives Women of their Dower for ab­senting themselves from the Houses of their Husbands, has this Exceptian, Nisi forsan apud proprios Parentes; Madam Mazarin, say they, is hereby manifestly excepted, for she retir'd to London near the Queen of England, to whom she has the honour to be related: They pretend, that so August a Name, not only excuses her Absence, but justifies her Conduct, and protects her from all manner of suspicion.

I shall not throw away my time, GENTLEMEN, in canvasing the Sig­nification of Words, proprios Parentes; tho' they have always been understood of Relations in the Ascendant Line, and not the Collateral. I shall readily agree, that a Relation clad in the Regal Purple, how far soever remov'd in Blood, may well supply the place of a Father, and with preference be allow'd the same Priviledge: I shall grant likewise, that if it be in some sense true, that Sove­raigns have no Kindred, that the Glo­ry which surrounds 'em, divides 'em from those to whom Nature had joyn'd 'em, [Page 39] and cancels the Obligations of Blood; that 'tis no less true, that they become to their whole People in general, what they cease to be to particulars; their whole State becomes their Family, and they are the common Fathers, not only of their own People, but of all that they please to adopt; that is to say, to take into their Protection.

Nor shall I here insist, that this Ex­ception in the Novelle, is to be under­stood of a short absence only, of a Wife that spends a few days with her Relati­ons, and that the Law did not extend this Favour to those that remain'd from their Husbands ten, fifteen, or twenty years, tho' with a Father or Mother.

But my main answer is drawn from the manner of Madam Mazarin's living with the Queen of England.

First, did the Queen invite her to London? Did she desire her Company? Did she detain her with her? On the contrary, had Madam Mazarin follow'd her Advice, she had never left her Hus­band; or at least, she had made a quick return.

Chance brought her to London, after having visited an infinite number of other States; or rather she was led thither [Page 40] 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.

[Page 41] 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 [Page 42] 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 [Page 43] 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; 'tis 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. [Page 44] 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 'twas much less necessary, and against a Wo­man that less deserv'd it than Madam Mazarin. 'Twas in the case of the Count [Page 45] 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 [Page 46] 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 been forc'd to contract, and which amount to 8333l.—6s.—8d. Sterling. 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: 'Tis plain, that her In­tention [Page 47] 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 'twill 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 Monsie [...] Mazarin, which bears date the 13th of April last. Seven Months were requisite after this Petition, to make her feel her own Wants, and the Impati­ence She lay under to quit▪ a Country, [Page 48] where (according to her own words) her Salvation and Life were in such Danger. 'Twas 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 M [...]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 [Page 49] 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, [Page 50] 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?

[Page 51] 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.

'Twere no hard matter to prove, that supposing Madam Mazarin had contract­ed Debts, that they are Null, and can neither oblige her, nor Monsieur Maza­rin. In the proof of this it may be sufficient to observe, that She is a Wo­man under Covert Baron, and by conse­quence incapable of obliging 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.

[Page 52] 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 [Page 53] 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 'tis indu­bitable that Madam Mazarin is subject to the Laws of France, and that her Subjection and Incapacity of contract­ing is inseparable from her wherever She is.

It is not enough, GENTLEMEN, to prove to you the Nullity of these pretend­ed Debts, I shall farther prove to you, that they are supposititious.

[Page 54] 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, [Page 55] 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 [Page 56] 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 2000 l. Sterling. 24000 Livers a year.

I shall not advance any thing that's new to you, GENTLEMEN, when I say that 'tis 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 [Page 57] 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 [Page 58] 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 [Page 59] Punishments, if She had been overtaken, and Monsieur Mazarin wou'd have left her to the rigour of the Law.

'Tis therefore certain, nor can a more convincing proof be given, that Madam Mazarin at the time of her flight had met with no ill Treatment from Mon­sieur Mazarin. And this, 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 'tis 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.

[Page 60] 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 'tis all that Madam Mazarin has to object against her Husband, She can't deny, but that he has always carried himself with all possible respect towards her; that he has always 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 [Page 61] 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.

'Tis 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 [Page 62] 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 [Page 63] 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?

[Page 64] 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 [Page 65] 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 to encou­rage this Vagabond Life in a Person, that has the honour to be their Relation? Or what motive of Justice can induce 'em to rob Monsieur Mazarin of a Wife, which themselves, and all their Family, have solemnly given to him at the Altar?

What probability is there, that they shou'd consent to have their Great Names, and Authority made use of to divide those whom the Church has joyn'd, and to destroy the handy work of God? We will not fear any such thing from the Blood of Charlemain, and Lewis the Great; from the Blood which has always defend­ed the right of Altars, and the Discipline of the Church.

Thus, GENTLEMEN, all things in­vite you to restore Madam Mazarin to her Husband; the Law enjoyns it, the Honour of the Publick requires it▪ Mon­sieur [Page 66] Mazarin earnestly desires it. Ma­dam Mazarin alone opposes it, but She opposes it not only without reason, or lawful Occasion, as I have already shewn, but even against her own proper In­terest.

Does She think it nothing by this re­union to put a stop to all those foul Re­ports, which since her Elopement, Ma­lice has assum'd a sort of right to spread concerning her Conduct? Is not She a­fraid of confirming 'em by her obstinate refusal to return to her Husband, from whom She has never met with any ill Usage? Is not She apprehensive, that the care She takes to fly from him, and hide her self from his Sight, shou'd be imputed to the Reproaches of her own Conscience, and the Shame of her Mis­demeanour towards him, rather than the Imperfection of her Husband?

But let us leave this Worldly Glory, which Madam Mazarin perhaps despises: She testifies at least some serious concern for her Soul in her Answer, since to a­void the danger that in England 'tis in, She demands 100000 Livers to enable her to come away. This is a laudable Disposition, but we must not leave this great Work imperfect; which it wou'd [Page 67] be, if returning into France, Madam Mazarin lives separate from her Hus­band, contrary to the Law of God.

Madam Mazarin her self will not be long e're She acknowledges the Grace, that you will do her. When She feels that happy Calm, which is not to be found out of that State, wherein Provi­dence has been pleas'd to place us, She will bless the Storm that drove her into the Harbour; She will thank you for the obliging violence you do her, to draw her out of her Labyrinths.

I despair not but in time She will re­recover that Esteem, and Tenderness for Monsieur Mazarin, which She had in the first years of their Marriage: They were too vigorous to be quite ex­tinguish'd; and the reflection She will make on his Goodness in making the first Advances towards their Re-union, in ge­nerously tendring her his hand, and for­getting all past occasions of Complaint and Resentment, which She has given him, will redouble her Respect, and Af­fection for him.

They will find in themselves more Sympathy, than even in their first years: If the Zeal of the Duke in the fervour of its first Sallies had something too [Page 68] rough, and austere, as it usually hap­pens; The Dutchess will find it mellow'd by time and habitude. And I doubt not, but that on her part, Maturity of years, the Fatigues She has undergone, and the Reflections She has made, have qualified the immoderate Passion for Pleasure, which She then had.

But tho' Time shou'd have made no alteration in her Humour, yet I am per­swaded, that Monsieur Mazarin, having been so severely punish'd by a Separati­on of twenty years, for offering to take the Liberty to correct her, will not at­tempt it any more, without the nicest Precaution; and that he will pay such an extraordinary Complaisance, as will gain extreamly upon the Heart of Ma­dam Mazarin, when She considers how little She has done to merit it.

A REPLY TO THE PLEADING OE Monsieur Sachot, In the same CAUSE.

IF Marriage were such a Society, as either Party might dissolve, by a simple Renunciation: If a Husband held his Title only by Commission, which might be taken away at his Wife's Plea­sure: Or, if we liv'd in those happy times, which have been with such pleasure di­lated [Page 71] on, and seem to be so much regret­ted, when Women counted their years by the number of their Husbands; and when a simple change of Mind was a sufficient reason for a Divorce; there might be something in what has been urg'd to you, whereon to ground this Separation, which Madam Mazarin wou'd indirectly obtain.

More Zeal cou'd not have been shewn, than her Council have made appear in their Plea for a Separation; but the means whereon to ground it according to our Customs, amongst Christians that look upon the Rights of Marriage as Sacred, and this Society as indisso­luble; that ill usage which a Husband must shew to his Wife, to lay a Foun­dation for a Separation, is what I have not heard the least offer to prove, thro' the whole Plea of the adverse Party.

I shall venture to say farther, that their way of expressing themselves, con­firms what I have had the honour of telling you in the first Audience; that this desire of being remov'd from Mon­sieur Mazarin, did not flow from the proper Motions of Madam Mazarin's own Heart, but that She was acted by the Spirit of another in all this matter.

[Page 72] This, GENTLEMEN, appears suffi­ciently in the hard opprobrious terms that have been cast upon Monsieur Ma­zarin, which cou'd never proceed from the Mouth of a reasonable Woman a­gainst her Husband; She ought to com­plain without insulting, to endeavour to raise the Compassion of her Judges, and not the laughter of the Audience: She ought to lay open the Injuries he does her, and not affect to do him any: She ought in short to acknowledge, and respect in him always the hand of God, which has given him to her for a Ma­ster.

This Character a Woman of Sense wou'd always maintain in these sort of Actions; and tho' She thought other­wise in her Heart, yet Prudence wou'd forbid her to let it appear.

Madam Mazarin wou'd without que­stion have kept up that Character of Mo­deration, and Sweetness, that is so very natural to her, and that She has for all the rest of the World; and She wou'd have inspir'd it into those, that She had charg'd with her Defence, if that had been any part of her Care. She wou'd have avoided dishonouring, without ne­cessity, a Name which She bears; and [Page 73] making that Man ridiculous, whose Ho­nour or Infamy She is by her Conditi­on oblig'd to share.

But what still better proves how lit­tle Madam Mazarin is concern'd in what has been pleaded to you, is the contra­diction between the principal Facts, which they have advanc'd, and those which She her self has publish'd in her Apology, under the Title of her Me­moirs; to excuse that Conduct, which She judged rightly, that all the World wou'd blame. It is not likely, that Ma­dam Mazarin wou'd give Instructions for a Defence to be made before you, so different from that which She has of­fer'd to all Nations of the Earth in that History, which is translated into so ma­ny different Languages.

This, GENTLEMEN, Master Sachot honestly avows, that he has receiv'd nei­ther Memoirs, nor Instructions, from Madam Mazarin: And I am very glad, for the Interest of his Client, as well as mine, that he has made this Confession, which justifies 'em both; by informing us that these biting Railleries, these scan­dalous Charges, the Accusations of Per­fidy, Hypocrisie, and Folly, do not [Page 74] come from Madam Mazarin, but are suggested by some Foreign Malice.

But Master Sachot must excuse me, if in praising at once his Zeal, and Since­rity, I make bold to complain of his ea­siness in pleading in the Name of a Wife, so many injurious things against her Husband; not only without the least proof, but even without the least In­structions, or Warrant for it. Methinks a Man so exact as he, that expects that I shou'd produce Monsieur Mazarin's Hand to warrant my saying, that he will suffer his Wife to go to a Play, shou'd be much more oblig'd to have Madam Mazarin's, to give the Publick this Farce at her Husband's Expence; and to make such a Satyr upon him, as reflects upon her self.

But from what hand soever these shafts come, which are let flye at us, 'tis no difficult matter to ensure Monsieur Ma­zarin against 'em; and to shew, that no­thing that has been urg'd against him, in all these Pleadings, ought to do him the least damage, either in his Cause, or in the Opinion of the World.

I might, GENTLEMEN, neglect the Story, as foreign to our Cause as it is false, of 50000 Crowns promis'd by [Page 75] Monsieur Mazarin, to Monsieur the Bi­shop of Frejus, to promote this Match; of which, as they say, he has since de­nied the Payment. But since they have taken occasion from it, to harangue, not only against Monsieur Mazarin, but in some measure against Devotion it self; I think it convenient to acquaint the Publick, that this Story is a meer Fi­ction.

As there is no proof offer'd, a bare denyal may suffice; but to give it the more weight, I desire your leave to read what Monsieur Mazarin writes to me hereupon, in a Letter which I receiv'd yesterday from him; 'tis well known how incapable he is to assert a Lie, or deny a Truth; and how tender consci­enc'd he is in that point; so that I doubt not but the Council will do him the honour to believe him, before Madam Mazarin.

Nothing can be more false, than the Agreement for 50000 Crowns, with Mon­sieur, the Bishop of Frejus; he never said, or stipulated a Word; the late Cardinal Mazarin projected our Marriage, with Monsieur Tellier the Chancellor: 'Tis true, that Monsieur the Bishop of Freius was af­ter [Page 76] made a Confident. Where's the Sense of drolling upon a falshood, an imaginary breach of Word?

Having read this, I shall make but one Remark, which is, that to me it seems very difficult to reconcile the Fact of this Perjury (for so they call it, and such it were, if true) with the Character which they have given Monsieur Mazarin, thro' all the rest of their Pleadings. Wou'd a Man, that gives all his substance to the Poor, that sacrifices Millions to purchase Heaven, be guilty of Perfidy, to save 50000 Crowns?

You make his Devotion prodigal, and covetous at the same time; charitable, and perfidious, giving profusely where 'tis not due, and refusing basely where 'tis. You ought at least to give him a more equal Character, and to sort your Fictions better, if you wou'd have 'em believ'd.

Let us now return to those Facts, which have Relation to our Case.

They have pass'd very slightly over the manner of Monsieur and Madam Mazarin's living together in the first years of their Marriage; because indeed they dare not deny, that they liv'd in [Page 77] great Concord. Now this is a matter of extream Importance: For they have told you, and it is true, GENTLEMEN, that Monsieur Mazarin was devout at the time of his Marriage, as he still is. How then comes this Devotion to be so odious to her, after She had born with it for six years together, without the least diminution of her Affection for Monsieur Mazarin? What reasonable ex­cuse can She make for her Elopement, or for the Demand that She makes to be authoriz'd to live apart from her Hus­band?

Monsieur Mazarin's Temper is no way alter'd, his Sentiments are the same that they were at the time of their Marriage; that golden Age, when they liv'd in perfect Union. 'Tis therefore Madam Mazarin that is chang'd; which can be nothing, but the effect of her Inconstan­cy; had She continued in those good Inclinations, She had with my Client enjoy'd the same Happiness and Tran­quility to this day.

They pass thence to the time of her Flight; they thought themselves oblig'd for her honour, to say, that She had suf­fer'd abundance before She took up that Resolution: But since these Grievances [Page 78] never appear'd, since She never com­plain'd of 'em, since She contented her self with a simple Action for a Separa­ration of Effects; they are forc'd to pre­tend, that her silence was the result of her Discretion; that She thought her self oblig'd as a Mother, to demand a Sepa­ration of Effects, to hinder the ruine of her Children; but that She neglected what related to her own proper Ease and Interest only.

Here's a very laudable Discretion, that will not suffer Madam Mazarin to tell her Case, and seek Remedy from Justice; yet does not hinder her from running away in the Habit of a Man, with one of the most agreeable, but least discreet Lords of the Court.

But the point of Discretion is no longer to be disputed; the Mask is off; therefore you must immediately lay open, that ill Usage, those intolerable Hardships, which have forc'd her upon the cruel necessity of throwing her self into the Arms of the Chevalier de Rohan; For 'tis to no purpose to suppress his Name, since you have nam'd him. Or if Mon­sieur Mazarin has not proceeded so far as ill Usage, tell us at least what Menaces, what disobliging Discourses She has had [Page 79] from him? You owe an account of 'em to the Council, to the Publick, to the Justification of Madam Mazarin, and to the Defence of her Cause.

Wou'd you perswade the Council, that 'tis out of Modesty, that you conceal these things? Do you think it sufficient to affect a mysterious Air, and to say, that you are unwilling to affront Mon­sieur Mazarin so far, as to tell necessary Truths, when you offer him so many, and so gross Injuries; and lay, without any occasion, so many false Crimes to his Charge?

You see therefore evidently, GEN­TLEMEN, that the Silence of Madam Mazarin before her Flight, and of her Advocate at present concerning those hardships, which they in general Terms say She has suffer'd, are in a manner so many formal Acknowledgments, that She has not met with any.

You have been told, that what ob­lig'd Madam Mazarin to flie, was, that Monsieur Mazarin foreseeing that he shou'd be cast in the case of Separation, frighted Madam Mazarin away design­edly, by false Intelligence; that he sub­orn'd Persons to tell her, that She wou'd be overthrown, and that then he wou'd [Page 80] shut her up between four Walls; but what confirm'd this Resolution, was, that Monsieur Mazarin obtain'd a Decree to take her into his Custody, and that She fear'd that he wou'd seize her by Virtue of it.

Madam Mazarin, in her Memoirs, which are in every Bodies hands, says, that what made her take up a Resoluti­on of leaving the Kingdom, was, that She knew that the GENTLEMEN of the great Chamber wou'd reject her Pe­tition for Separation of Effects, and ob­lige her to return to her Husband: That this Advice came from so good hands, and he that gave it her made so ticklish a step in it, that She wou'd never dis­cover his Name. Give me leave, GEN­TLEMEN, to read this Passage to you, which is conceiv'd in Terms more strong than I have reported.

You see, GENTLEMEN, what Ma­dam Mazarin her self says; it is not therefore true, that Monsieur Mazarin was like to lose his Cause; nor that he caus'd false Intelligence to be given to Madam Mazarin.

[Page 82] As for the Warrant to take Madam Mazarin, How can that be pretended to have been the occasion of her Flight, which was not obtain'd till two days after She was gone; and which was pro­cur'd only on that occasion? And 'twas this very Warrant, which gives him Li­berty to make pursuit after her. She made her escape in the Night, on the 13th or 14th of June, and the Warrant was issued on the 15th. How cou'd Mon­sieur Mazarin petition for leave to re­cover Madam Mazarin, when She was actually lodg'd in his House.

All these Excuses therefore are stark naught, and we may take it for grant­ed, that Madam Mazarin had no other reason for her Flight, than her own Le­vity, and Passion.

But, say they, Madam Mazarin saw strange Waste, the rich Furniture dis­appear'd day by day▪ She saw her self upon the brink of Ruine, and her Chil­dren like to be the poorest Gentlemen in the Kingdom.

Who wou'd have believ'd, GENTLE­MEN, that Cardinal Mazarin's Heiress shou'd have run away, and left the King­dom for fear of Poverty, and Starving [Page 83] in France? So that this Pretence is as frivolous as the rest.

But the rich Moveables disappear'd, you say; If you mean those of your own Apartment, you are in the right; for you carried 'em away your selves; and they disappear'd in a very ill man­ner, for they have serv'd to facilitate Madam Mazarin's Flight, and to sup­port her foolish Extravagancies.

But all the other Moveables remain'd, and do so still; those only excepted, which Monsieur Mazarin gave to my Ladies, his Daughters, upon their Mar­riage; and there is yet in the Palace of Mazarin, to above the value of a Mil­lion. In the same case are all the Effects of the Cardinal; my Client has not sold one Farthings Worth, as I shall shew by and by, in the proper Place.

But suppose there had been squander­ing, will that excuse the Flight of Ma­dam Mazarin? Will that justifie her abandoning her Husband, and his House? On the contrary, is not a Woman the more oblig'd to stay at home, to recti­fie, or hinder by her Advice, the Pro­fuseness of her Husband; or, by her Oeconomy, to repair it?

[Page 84] You have been told, GENTLEMEN, that Monsieur Mazarin rejoyc'd at the Flight of his Wife, tho' he feign'd an Affliction; that his Friends came to wish him Joy of it, and that he wou'd not lay hold on those occasions of Recon­ciliation that were offer'd him.

Don't insult the Sorrow, that this scan­dalous Flight has given Monsieur Mazarin for himself, and her Interest; It has been but too piercing, too publick, and of too long continuance; Madam Maza­rin her self says so of it in her Memoirs; She raises a Trophy upon it, and undoubt­edly will take it ill, that you pluck it down, and rob her of the Honour.

My Client's Friends might perhaps be glad of it, because being unprejudic'd, they judg'd more truly of the matter; but as for him, he is not asham'd to con­fess his weakness, and avow, that no­thing ever wounded him so deep; and that he did his utmost to prevent her going out of the Kingdom.

This it was, that drew that Answer so full of Spirit, and Wisdom, from a Mouth accustom'd to deliver nothing but Oracles. (You ought rather to desire my Orders to the Governours to keep her out of France, than to keep her in.) But [Page 85] how cou'd Monsieur Mazarin advantage himself by that Advice, which, as you see, he is not yet in a Capacity to make use of?

They have trump'd up again the men­tion of what past, when Madam Mazarin return'd into France with Monsieur, the Duke of Nevers, that She was brought to Court by order of the King, and had the honour to talk with him. They give an account of this matter directly repug­nant to the Truth, and to that which Madam Mazarin her self has given of it in her Memoirs.

'Tis true, that the King understanding that Madam Mazarin was at Nevers, and being griev'd to see the Misfortunes into which She plung'd her self, and reduc'd her Husband, had the Goodness to inter­pose, in order to reconcile 'em.

He Commanded Madam Mazarin to come to Court, and gave her his Word (which is the best Safeguard that even his Enemies can have) that She shou'd have no violence offer'd her; and that if She did not come to an Accommodation with Monsieur Mazarin, She shou'd be reconducted out of the Kingdom in safety. The Lady Belizany went for her by his [Page 86] Order, and brought her to Madam Col­bert's House.

She had the honour to talk with the King, who did not propose to her, what they have pleaded, to stay at Paris, and prosecute her Suit of Separation. Had not that been a pretty Accommodation, and worthy the Care of so great a Mo­narch? Such a hand as his ought perfect­ly to heal all that it touches; and She had another sort of Process to look after, than that of Separation of Effects; and She wou'd have been very happy, if one might have compensated for t'other.

The King propos'd (as She her self owns in her Memoirs) to her, to be perfectly reconcil'd to her Husband, and to return to her House▪ And he not on­ly propos'd it, as She confesses, but he advis'd it likewise.

His Majesty had the Goodness to add such Conditions, as ought to have stifled all her Caprices, and with which any other Woman wou'd have been highly satisfied; (That Monsieur Mazarin shou'd have no Inspection of her Servants, and that She sh [...]'d not accompany him in his Journies;) and some other such like, in which he was willing to indulge the ill humour of Madam Mazarin.

[Page 87] Yet all this wou'd not content her, She prefer'd her own Whimsies before the obliging Counsel of the wisest Prince on Earth; She declar'd positively, that She wou'd not return to Monsieur Mazarin, and desir'd him to reconduct her into Italy, with the Pension of 24000 Livers which he had given her hopes of. It is not true, that She chose to stay in France, and that the King oblig'd her to leave it; and the Placet, or Letter which they have read in this Audience is a spurious Piece, and her own Me­moirs give the lye to it; I desire the leave of the Council to read her Account of this matter.

You see, GENTLEMEN, what Opi­nion they had of this good Manager, that accuses her Husband of Profusion.

The King not being able to perswade Madam Mazarin, was oblig'd to make good his Word, and to cause her to be convey'd in safety out of the Kingdom. After this manner things went: we shall in the sequel examine those Advan­tages Madam Mazarin pretends to draw from hence.

We shall now proceed to an Examina­tion of the means, which have been of­fer'd you. I shall not reply to the Hi­storical Curiosities, which they have brought, the use of the Divorce in Old [Page 90] Rome, nor the Inclination the Roman Ladies had to put it in Practice; 'tis nothing to our Cause, unless they mean 'em as Precedents, to shew that Madam Mazarin is not the first, whose Inclinati­ons have stood that way; that She does not degenerate from those Ladies from whom perhaps She is descended; and that She has in this a Soul truly Roman; but all this does not exempt her from the Penalties enacted against those La­dies in the Novells, which I have cited.

They have endeavour'd to avoid the force of those Laws by a twofold An­swer.

First, they pretend 'em to be no lon­ger in Force, since the abolition of the Divorce; after which only the Privati­on of Dower took place, of which it was a consequence, and without it never ob­tain'd.

I have already in my Plea, provided against this Objection, and shewn you, GENTLEMEN, that the Abolition of the Divorce, which was one of the Pu­nishments of the ill Conduct of Wives, ought to be so far from exempting 'em from t'other, which was the Privation [Page 91] of Dower, that this latter becomes there­by the more necessary.

You have seen likewise, that 'tis the Intent of our Customs, divers of which conclude expresly for it; that 'tis the Practice of the Soveraign Courts, that 'tis an adjudg'd Case, to all which I have not heard any Answer.

We must therefore allow, that our Law in this agrees exactly with the Ro­man Laws; and that the abolishing the use of Divorces, has not abrogated this Penalty.

The second Objection which they make, is that there is in the Novells, a Clause of Exception for those Women, that retire to their Fathers, or Mothers. This they say extends to Madam Ma­zarin; because in case of a want of Fa­ther, and Mother, the other near Rela­tions fill their Room; and especially when they are cloth'd with eminent Dig­nity, which challenges for them the same respect that is due to Parents; and to this Position I agree.

Now say they, when Madam with­drew first into Italy, She Lodg'd with Monsieur the Cardinal Mancini, a Man of great Virtue: This likewise is true; but they ought to add that Cardinal [Page 92] 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 [Page 93] 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 'tis 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 [Page 94] 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, 'tis 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 [Page 95] 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, 'twas in conformity to his Word, and the desire of Madam Mazarin; [Page 96] 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 [Page 97] 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 it still for the continuance of it? Can She pretend, that 'twas the Design of a Prince so Re­ligious, and so zealous for Discipline, to separate her from her Husband for ever? Has he not plainly enough signified the contrary, when offended at her obstina­cy, [Page 98] he has taken away the Pension of 24000 Livers, which he allow'd her for the two first years of her Ab­sence?

Dare any one maintain, that in per­mitting her to go into Italy, he gave her leave to harbour among his Enemies, in the Court of an Usurper, in a Heretick Country, the Object of Heaven's Wrath, and Man's Aversion?

'Tis therefore certain, that Madam Mazarin is without Excuse; that her Flight, her two and twenty years stay in a strange Country, and her refusal yet to return, are so many breaches of her Duty, and of her Matrimonial Obligati­ons, the natural, and legal Punishment of which is deprivation of Dower, and Settlement. If you do her the Favour to allow her time to avoid this Penalty, in case She does not within that time yield Obedience to your Orders, you can't too severely punish her past Faults, and her present Contempt.

Let us now proceed to consider what has been said to support her incident De­mands, and begin with the 100000 Li­vers for the payment of her pretended Debts.

[Page 99] I shall not, GENTLEMEN, repeat any thing that I have already had the honour to say to you on this Head.

I shall only cite you one Decree of Parliament of the 23d of March, 1672, as 'tis reported in the second part of the Journal of the Palace, which rejects the like Demand of a Woman in a Case much more reasonable on her side, than 'tis in this.

Frances Frottier having quitted her Husband during the Prosecution of an Appeal which She had brought concern­ing an Abuse in the Celebration of her Marriage, which was not ill grounded, She having been Married under the Age of twelve Years: She contracted during this Absence, some Debts to 5000 Li­vers, for things necessary for her Subsist­ance only. After She had been cast upon the Appeal of Abuse, She demanded, that her Husband shou'd be oblig'd to pay these petty Debts: She grounded it upon the Obligation he was under to give her Maintenance, upon the cause, and the smallness of these Debts contracted for her Subsistance; upon the necessity She lay under of quitting his House, because in continuing with him, She had ratified the Marriage.

[Page 100] Monsieur Maupeou, since Advocate General, was Council for the Husband, and shew'd, that he ow'd no Alimony to her, but while She liv'd with him; and that the Obligation to maintain her was inseparably bound to an actual Co­habitation; his Argument is reported in the Journal; upon this a Decree was obtain'd, avoiding the Demands of the Wife, and her Creditors.

How much more strongly will it take place against a Woman, that has absent­ed her self not only from her House, but from the Kingdom, without any necessity, out of meer Caprice; and against Debts contracted by Expences absolutely super­fluous?

It has been objected, GENTLEMEN, that all this wou'd be good, if the Credi­tors were subject to our Laws; but We have to do with English Men, whose Laws differ from ours; who will by vio­lence extort, what they can't by Justice. They have in a very pathetical manner, aggravated the Peril She is in of her Life; as if they put in Execution in England, that old Law, which allow'd the Credi­tors of an Insolvent to tear him to pie­ces; and they have represented Madam [Page 101] Mazarin to you, as one that every Mo­ment expected Martyrdom.

But how shall we reconcile this Tra­gical Representation to what we see clear­ly, that it has been Madam Mazarin's Fault alone, that She did not come to France, when so many natural born En­glish Men, the greatest part of which left Debts undoubtedly more effective, than hers, came without impediment? How does this accord with what I have already observ'd, that there has yet been no Suit commenc'd against her, no obstacle rais'd by her Creditors to hinder her coming?

Does not all the World know, that instead of being arrested at London, She was forc'd to have recourse to the Supe­riour Authority for leave to stay? If her Life was in danger, as She says; if She was expos'd to Martyrdom, wou [...]d She make Application to continue there? Wou'd She prefer such an Abode to her Husband's House? Unless some splendid sit of Zeal makes her covetous of that glorious Palm, and gives her a holy Am­bition of being sacrific'd by that barba­rous Nation; and ha­ving that at least in common with that Joan of Orleans. Illustrious Maid, whom our Nation [Page 102] acknowledges to have been her Deli­verer.

But we need not fear any such thing from Madam Mazarin; a Woman that takes it ill, that her Husband employs any part of his Wealth in Works of Pie­ty, will never be prodigal of her Blood for Religion. Undoubtedly She must be in great Security in England, since She can't resolve to leave it, till She has articled for her Habitation, and Pension in France.

Thus, GENTLEMEN, I have shewn you, that her Debts are a meer Sham, a Pretence devis'd by her Counsel at Pa­ris, to excuse her Obstinacy: I shall not repeat all the Particulars; but I shall an­swer only to some Letters, which were read to you last Hearing, to prove the reality of these Debts.

These Letters, they tell us, are writ­ten naturally, and without Study, they come from the heart, and by consequence we are not to doubt the truth of what Madam Mazrrin says in 'em; that her Cre­ditors are importunate, and that She is afraid of being sued.

First, these Letters are not acknow­ledg'd.

[Page 103] But, if they were, are we oblig'd to believe Madam Mazarin? Shall we give her a 100000 Franks, because She writes word, that She ows so much, and has oc­casion for it?

But I desire the Council to observe, that these Letters don't mention the Summ of her Debts: Now if the Dutch­ess of Nevers had any Letter, that was more particular in the Summ, She wou'd undoubtedly have produc'd if; It must therefore be Monsieur or Madam Ne­vers, or he that drew up this Defence, that has officiously tax'd Monsieur Ma­zarin at a 100000 Livres.

But pray let me ask you, who inform'd you that these amounted to 100000 Livres, since as you confess, you have receiv'd no Memoirs nor Instructions from Madam Mazarin, but these Letters, which are not particular? 'Tis then by guess, that you make this Demand; and do you think the Judges will fine Mon­sieur Mazarin 100000 Livres upon this, and give a Judgment at random, as you have made your Demand?

'Tis further evident, that these Debts were invented at Paris, and that Madam Mazarin writes nothing in these Letters but by Instruction from hence, which I [Page 104] shall make clearer, than the light, by two or three Circumstances.

The first is, that in the Letter of the eldest date of the three, which is of the 15 of October last, Madam Mazarin writes to Madam Nevers in these Terms; I send you the Certificate you desir'd; this Letter is not preceeded by any other, by which it appears, that Madam Ne­vers requir'd a Certificate of Madam Ma­zarin, and that She requir'd it before Madam Mazarin had said any thing to her of her Debts, or the difficulty of leaving London without paying 'em; and by consequence 'tis plain, that these pretended Debts, and the Detention of Madam Mazarin, are of the growth of Paris, in which Madam Mazarin is not concern'd.

The stile it self of these Letters, which you say is so natural, is far from it; and may serve as a farther proof, that they were written by Direction. When Ma­dam Mazarin writes naturally, and from her Heart, She writes incomparably bet­ter; but especially, if She were in the condition there pretended; her Danger, and her Wants joyn'd to her natural Eloquence, wou'd have made her write [Page 105] in a Stile much more lively, and moving, than that of those Letters.

What probability is there, that She who writes from a Country, where She had been an Eye Witness of such great Revolutions, and where She must needs have had a particular Share in many singular Events; of which She might believe Madam Nevers, who had so much kindness for her, wou'd be glad to be inform'd; what probability, I say, is there that She shou'd take no notice at all of 'em, not so much as a single word concerning Monsieur Mazarin, or her Sentiments of him? She speaks of no­thing, but her Creditors, because She was order'd to speak of nothing else in these Letters devis'd on purpose, which were undoubtedly accompanied by others more Instructive; but in these She talks so slightly, that the Man must be blind, that can't see that She is not in earnest.

You see therefore, GENTLEMEN, that there never was any Demand more rashly made, nor with less Foundation, than this of 100000 Livers.

Let us proceed to their other Demand, which requires Permission to live in a Convent.

[Page 106] You know, GENTLEMEN, that this is not to be granted, but upon very weighty Considerations; the Caprice of a Woman, or a disgust taken to her Hus­band, are not sufficient Reasons for break­ing that Society, to which they are mu­tually oblig'd; there ought to be such hard Usage, as may merit the Name of Cruelty, with which they are usually qua­lified. Do they offer Proof of any such thing? No, they don't so much as al­ledge it.

All the reason they give, why Madam Mazarin can't return to her Husband's House, is, that things are not at that pass. What Language is this? What do you mean by it? What is there re­quisite to bring things to such a pass, that a Wife may, and ought to return to her Husband, more than a valid Mar­riage, that the Husband be willing to re­ceive her, and that has never treated her amiss? All this is to be found here.

Madam Mazarin, they say, is averse to it; this is all, that they have to op­pose to it.

But first, who told you, that She was averse to it? Have you a Deputation from her to say it? No! You have not so much as Memoirs from her; the Let­ters [Page 107] themselves say nothing of it. 'Tis Monsieur, and Madam Nevers, who, not loving Monsieur Mazarin themselves, think that She ought not to be willing to live with him, and demand for her a Separation from her Husband of their own Heads.

On the contrary I maintain against you, that no Warrant or Memoirs from her appearing to support your Authori­ty, which is all that we have for this Aversion, We ought to presume She has none, because we ought to believe, that every Person wishes, and acts ac­cording to his Duty, till the contrary be made to appear.

But tho' it were true, that Madam Mazarin had some reluctance to return to the Duke, is that a good reason why She shou'd be dispens'd with, and sepa­rated from him? If all the Married Cou­ples, either of which had conceiv'd any disgust for the other, were to be parted, how many Divorces shou'd we see? Are there any Persons so exactly form'd for one another, so perfect, or so happy, as not to give one another reciprocal oc­casions of dissatisfaction in so strict a So­ciety? Insensibility is none of the Con­ditions of this Life, and I question whe­ther [Page 108] it be lawful to desire it. We are not therefore to regard these Niceties, when there are no essential Reasons for Separation, especially from the Mouth of a Woman that has liv'd with her Husband six years in perfect Unity; that has had in that time four Children by him, the Pledges of their mutual Af­fection, and the living Proofs of her In­constancy.

They object to Monsieur Mazarin, that he has three great Faults, (they don't indeed say it just in this Place, but it has been scatter'd all thro' the Pleading of the opposite Party,) He is Jealous; He is Devout, and scrupulous to Excess; He is Profuse, and squanders more in Alms, than others in their Debaucheries.

Let us see if any of these be foundation sufficient to ground Madam Mazarin's Demand upon.

First for his Jealousie, if it were real, it is obliging; and even when it becomes troublesom, it is excusable upon the score of the Principle from whence it springs; at least, while it proceeds not to Rage, and Violence.

But what signs of Jealousie do you discover in Monsieur Mazarin? You can't instance in any. How can you accuse [Page 109] him of that Weakness, who does not yet call your Virtue in question after so much matter of Suspicion as your imprudent Conduct has afforded him? Can you believe, that he was ever Jea­lous, whose good Opinion cou'd abide the severe Trials you have put it to, with­out Diminution?

As for his Devotion, 'tis a Fault too lovely to stand in need of our Defence; is that a ground for her Demand? If the Apostle does not allow a Wife, that is a Believer, to leave a Husband, that is not; How can we suffer Madam Ma­zarin to desert her Husband, because he is faithful and exact in the Duties of his Religion? Especially, GENTLEMEN, since, as Master Sachot has told you, he was so at the time of his Marriage. She Married him Devout, and I shall add, that She lov'd him such, why wou'd She not have him continue such? If we may apply to this Quality, which is the Per­fection of a Christian, what has been said of the real Faults of Matters of Com­merce, might we not with Justice op­pose to Madam Mazarin, the common saying, Prudens emisti vitiosum, dicta ti­bi est Lex?

[Page 110] But perhaps Madam Mazarin will not find it so difficult to reconcile her self to Monsieur Mazarin's way of Living. The Seeds of Devotion are stronger in her, than She her self suspects. It wou'd be strange, that a Lady, that springs from the same Blood, that has given to Eng­land that Mighty Queen, and to France that Virtuous The late Prin­cess of Conty. Prin­cess, whose Piety will be rever'd in all Ages, shou'd have no Spark in her of that holy Fire, with which they were so inflam'd; not one Ray of those lively Beams of Faith, which shin'd so bright in them.

But you see, GENTLEMEN, by her Defence, that She is in fear for her Sal­vation; this Fear is the beginning of Wisdom. She desires to retire into any Nunnery, that you please to assign: 'Tis therefore probable, that She finds 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 [Page 111] 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 [Page 112] 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? 'Tis ridiculous to bring in Madam Mazarin like the Master of the Family in the Gospel, requiring of his Servants upon his return from his Journey, an Account of the Talents he left with 'em to be 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: [Page 113] 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 [Page 114] 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, 'tis 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 [Page 115] to his Obligation? To this end he bought the Dutchy of Rethel, not for 1200000 Livers, but 2200000 Livers. 'Tis 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. ^*

'Tis true, he has not been so good a Husband of his own Patrimony; he has sold his Place of Great Master of the Ar­tillery, and the Governments, which he had from Monsieur the Marshal de Meil­leray, his Father. But, besides, that this concerns not Madam Mazarin, why has he sold 'em? To pay part of the Price of the Dutchy of Rethel, and to [Page 116] 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 Mazarin, that not one has the least Foundation.

[Page 117] Let 'em not pretend, that they have been too long asunder to be brought to­gether of a sudden. For on the contra­ry, because they have been too long dis­joyn'd, we can't reunite 'em too soon; that their Coalition may put an end to all ill Reports, and silence Slander, whose Mouth their Divorce has open'd. We ought to efface even the minutest track of this unhappy Division. Madam Ma­zarin's Retirement to a Convent, wou'd be but covering the Ashes, whence the Flame might break out afresh. They wou'd not fail, as you see, GENTLE­MEN, they already threaten us, to ad­vise her to renew her old Suit for a Se­paration of Effects, as unjust, and des­perate as it is, in hopes to make it a means to hinder their Reunion; whereas by ob­liging her to return immediately to her Husband, you will raze the Memory of all past Differences, and prevent any that may hereafter arise.

Their last recourse is to the Number, Quality, and Worth of the Persons, that solicite for Madam Mazarin. I grant, that you have on your side the advanta­ges of Nature, Fortune, Greatness, Cre­dit, Favour, Graces, and even Eloquence it self; every thing is for you, except [Page 118] the Law. Monsieur Mazarin has nothing for him but his just Right supported by my weak Voice, and the obliging Care of a Friend, that acts for him in his ab­sence; not from any prospect of Inte­rest, as you upon false Memoirs have suggested; but frankly upon a Princi­ple of Friendship founded upon the Ho­nour he has to be related to Monsieur Mazarin, and upon a grateful acknow­ledgment of those Favours, and Marks of Esteem, which he has for many years receiv'd from him.

But you are not therefore to insult over our Weakness, and Solitude; We are no way apprehensive of those Foreign Advantages before Judges of such ap­prov'd Integrity, that they will undoubt­edly weigh your Reasons only, without counting the Suffrages, and Solicitations of your Friends.

I dare likewise boldly maintain, that, tho' all these illustrious Persons out of their great Generosity thought themselves oblig'd to favour the absent, and weakest Party; they can't possibly approve the Conduct of Madam Mazarin, nor wou'd in earnest obstruct her Reunion to Mon­sieur Mazarin.

[Page 119] In short, GENTLEMEN, 'tis noto­rious that all Madam Mazarin's Relations turn'd against her after her Escape, and joyn'd with Monsieur Mazarin in the Prosecution of the Indictment; and that they all sign'd an Instrument, in which they desir'd Monsieur the Constable not to receive her, that She might be oblig'd to return to her Husband; This Madam Mazarin confesses likewise in her Memoirs; What has happen'd since, that shou'd turn the Minds of those very Relations, or their Children, so very contrary at this time?

'Tis true, that Madam the Dutchess of Nevers was not then of the Family; but the prudent Conduct of that Lady leaves us no room to doubt of the Judg­ment, that in her Heart she makes of Madam Mazarin, tho' Family Reasons oblige her to appear here to support her Interests. Wou'd to Heaven, that Ma­dam Mazarin, instead of begging her Assistance, wou'd improve by her Ex­ample; and imitate, I will not say all her Vertues, but some part only of her Regularity, Sweetness, and Complai­sance to the Will of Monsieur her Husband; it wou'd be more than [Page 120] enough to restore Peace betwixt 'em, and to make Monsieur Mazarin compleat­ly happy.

I don't see, GENTLEMEN, that, in all that has been objected, there is any thing, that may start to you the least difficulty in doing Monsieur Mazarin the Justice he desires. He expects it from you, as compleat, as he was about to have had it, as you have seen, from the Great Chamber, when they were ob­structed by the Flight of Madam Ma­zarin; and he has great Reason to ex­pect as much from you, since the Con­duct of the adverse Party from that time has neither better'd her Cause, nor mend­ed her Condition.

He does not fear, that in a Cause of such importance, You shou'd, in the Judg­ment You give; take any Measures from the unjust Reluctance, which they, per­haps falsly, ascribe to Madam Mazarin; We are not now to consult, what the Inclinations of the Adverse Party are, but to examine, and determine what is her Duty.

You have before You, GENTLE­MEN, a Publick Concern, wherein you ought more to consider the Interest of [Page 121] Discipline, than that of either Party, You are now to decide not between the private Interests of Monsieur and Madam Mazarin only; but between the Morals of the Publick on one side, and the In­clinations of Madam Mazarin, on the other. 'Tis in your Breasts whether you will sacrifice the former to the vain Niceties of the latter, or rather to her Errors, and Caprices.

Your Sentence is expected by the Publick, as an Example, that shall be remembred to the Maintenance of Dis­cipline, and the Rights of Marriage, or that shall slacken 'em, and Authorize Licentiousness; that shall break down the Barriers, and open a wide Field for Worldly, and Rash Women, or that shall keep 'em in their Duty.

Without doubt, GENTLEMEN, you will not suffer it to be said hereafter, that in the Reign under which we live, You introduc'd this pernicious Maxim, that the Devotion of a Hus­band, his Regularity, and Charity to the Poor, without Prodigality, were Reasons sufficient for a Wife to aban­don him. 'Tis not possible, that while [Page 122] we behold Piety upon the Throne of our Kings, that it shou'd be so far affronted in one of the most Sacred, and most August of their Courts of Justice, where it has always hitherto found most assur'd Protection.

AN EXTRACT OF THE DECREE.

BETWEEN the Lord ARMAND CHARLES Duke of MAZARIN, MEILLERAYE, and MAYENNE, Peer of FRANCE, Plaintiff, &c. and Defen­dant on the one Part; And the Lady HORTENSIA MANCINY Dutchess of MAZARIN His Spouse, Defendant, and incidently Plaintiff, &c. on the other Part. After that HERARD for the Duke of MAZARIN, SACHOT for the Dutchess, aud BENNET for the King's Proctor General have had six Hearings. THE COUNCIL, before they Determine upon the Request of the Duke of MAZARIN, Orders that the Dutchess of MAZARIN [Page 124] shall within Three Months retire into the Convent of the Nuns of St. MARY DE CHAILLOT, thence within Six Month to return to the House of the Duke of MAZARIN: And before they Determine upon the Remainder of the Dutchess of MAZARIN'S Demand, It is Order'd, that within one Month, She lay before 'em an Account of her Debts, that, whether the said Account be accorded, or contested by the Duke of MAZARIN, what is there­upon due, may be order'd by the COUN­CIL.