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

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and which 't is evident she designs to make there all the rest of her Life if you GENTLEMEN don't compell her to leave it has pluck'd off the Mask and discover'd the real Motives that drew her to and keep her still at London and at the same time shews how little worthy she was of the Protection the King and Queen honour'd her with If she had any Affection for their Persons any Gratitude for their Bounties or indeed but a bare Sense of Honour or Religion she ought to have follow'd ' em Cou'd she see without horrour the Usurper of their Kingdoms and the Enemy of our Faith establish his Dominion upon the Wrack of their Legitimate Throne and the ruine of the true Religion And so far from seeking as she did Grace in his Eyes to obtain his leave to stay in a Place which she ought to fly or from labouring to be excepted from that general Law which banish'd all Catholicks ought she not to have prevented it by a voluntary departure Let her not pretend her Debts were any impediment I shall shew in due Place the fallacy of that Excuse as likewise of those pretended Debts themselves Let her tell us nevertheless who hinder'd her from going when so many English-born Catholicks left their Country and sought Refuge in France the greatest part of whom must needs have Debts more considerable than hers With what Face can we be told that she had not Liberty to go when she scarce had leave to stay Have not we here and all the World heard of it And was she not inform'd by the Votes and Gazetts of England of the Efforts of the Convention to drive her thence and their Addresses to the Prince of Orange that he wou'd order her to be gone Did they lay any condition upon her Did they order her to be detain'd till she had paid her Debts No they desir'd of her only the favour to be gone Madam Mazarin was forc'd to call to her Assistance the Power of the Prince of Orange and procure Licence from Authority to stay What an Indignity is it for Madam Mazarin to prefer a Country that labours to be rid of her before the House of a Husband that longs for her England in Flames the Theatre of Rebellion and Heresie before France Peaceable Flourishing and Catholick The Court of an Usurper before that of the greatest and justest Prince in the World and that for this she shou'd implore an Authority which she ought to have in abhorrence that she shou'd seek support from him that came unjustly to dethrone her Benefactors With a becoming assurance we must needs be told after this of the unseparableness of Madam Mazarin from the Queen her Relation and Protectress and that made the reason of her almost twenty years residence in England Monsieur Mazarin after having given Madam his Dutchess time sufficient since the revolt of that People to return into France seeing her resolute to continue in London against all those reasons that require her return and being mov'd at the Peril to which her stay in England exposes both her Person and Religion as she her self says in her defence has at length resolv'd to try by your Authority to effect that which the Instances of the Convention of England cou'd not He has presented his Petition to the Council to declare her depriv'd of her Settlement during her unjust Retreat and her obstinate Absence from him and from the Kingdom But that you may see his design is not to gain her Estate but her Person he at the same time presents another Petition for leave to seize her wherever he can find her and to convey her to his own House And I know his Mind so well that I venture to add without fear of having it disavow'd by him That altho' Madam Mazarin has sufficiently incurr'd the Penalty of Privation of her Settlement by her Flight and by her Contempt Monsieur Mazarin wou'd be highly satisfied that she shou'd avoid it by an immediate return to him or within such limited time as you shall prescribe But on this express condition That on her default of returning within the time by you appointed she shall by Virtue of your Sentence without occasion for any other remain divested and depriv'd of her Dower and Settlements This GENTLEMEN is our demand of which I shall lay you down the means after which it will not be difficult to overthrow those incidentally form'd by Madam Mazarin The End of the First Hearing THE Second Hearing OF Monsieur HERARD GENTLEMEN HAving laid the whole matter of Fact before you at the last Hearing it remains that I now settle the means of my demand and since Master Sachot urges me to insist upon the rigour of my Petition and will allow no Moderation I shall endeavour to satisfie him and shew you just cause to declare Madam Mazarin depriv'd of Dower and Alimony and that her past Conduct does but too well justifie such Deprivation In order to which I hope to prove that 't is the usual Correction given to Wives that abandon their Husbands without lawful Cause and break that indissoluble Society out of Levity That this Punishment is adjudged by the Roman Law which is conformable to the Intentions of the Laws of France and Authoriz'd by the Practice of all the Courts There are two Cases wherein the Roman Law deprives a Wife that divorces her self from her Husband of Dower and Alimony The first is when she withdraws and divorces her self from her Husband without just cause The other is when a Wife by her ill Conduct gives her Husband just cause to divorce himself from her The Emperor in the 22d and the 117th Novels explains what those just causes are Si Mulierem adulteram inveniat this Heaven be prais'd is none of our case But he immediately subjoyns aut Viro nesciente vel etiam prohibente gaudentem conviviis aliorum virorum nihil sibi competentium vel etiam invito viro citra rationabilem causam foris pernoctantem nisi forsan apud proprios parentes I am very well aware that this does not extend to Wives who may accidentally eat with other Men or lie a few Nights out of their own Houses but to those only that make a common Practice of it In either of these cases the Law determines That the Restitution of her Portion and all Advantages that she may claim by virtue of her Marriage shall be denied to her The reason why the Law in this case submits her to the same Penalty with an Adultress is because if these disorders be not a demonstrative proof of her being debauch'd they amount to a violent suspition at least and for the satisfaction of a Husband 't is not enough that his Wife be free from the Guilt unless she behave her self so as to keep clear of the Scandal Tali aliquo facto dat lex haec licentiam viro abjicere mulierem si vel harum unam vel solam probaverit causam
for them the same respect that is due to Parents and to this Position I agree Now say they when Madam withdrew first into Italy She Lodg'd with Monsieur the Cardinal Mancini a Man of great Virtue This likewise is true but they ought to add that Cardinal Mancini soon finding his Authority too weak to keep her within those Bounds that he desir'd put her into a Convent of which Madam Mazarin the Cardinal's Sister was Abbess Here likewese I allow that her honour was safe She was cover'd from Scandal but She had been here but 15 days when She escap'd by a Stratagem under colour of reconducting Madam her Sister She tells this Story her self in her Memoirs and closes it pleasantly in these words The Poor Old woman says She speaking of her Aunt took this adventure so much to heart that She died of Grief a few days after This is an Illustrious Testimony of the Respect that Madam Mazarin has for her Relations and their Dignities and of her own Good Nature They add that in her second Journey to Italy Monsieur the Constable Colonna receiv'd and lodg'd her in his House This too is true but they don't tell you how well She observ'd the Laws of Hospitality Her first care was to inspire in to Madam the Constable her Sister the same Sentiments for Monsieur the Constable that She had for Monsieur Mazarin and She wrought so effectually that She soon perswaded her to go to France in the same manner that She had done to Italy And as Madam Mazarin was by Experience vers'd in all the Stratagems that are requisite to such Enterprizes Madam the Constable set sail under her Conduct and arriv'd safe at Marseilles in spight of all the diligence of Monsieur the Constable to pursue and take ' em At last you are told GENTLEMEN that in England She was lodg'd in the Palace and near the Person of the Queen I shall not add any thing on this occasion to what I have already said in the first Pleading except that 't is not true that She did ever lodge in the Palace of the Queen while She was Dutchess of York or in the King's Palace after that Princess came to the Throne She always lodg'd in an Apartment belonging indeed to the Palace of St. James but St. James's Palace is not the Place of the King's Residence which is call'd White-hall not Louvre for the Name of Louvre is taken from the place where the Palace of our Kings is built It is in respect of White-hall what the Castle of the Tuillerie is respect of the antient Louvre and Madam Mazarin's Lodgings are to the Castle of St. James what the Sieur Renard's House formerly was to the Tuilleries Judge then GENTLEMEN if this be near enough the Palace to say that the Queen's Presence and the Respect that Madam Mazarin had for her Person are sufficient to banish all Suspicion and if any one wou'd upon this bottom warrant all that pass'd in her Lodgings But this is an un-necessary Enquiry since Monsieur Mazarin is willing to pardon what 's past provided that Madam Mazarin will without delay return to her Duty Don't therefore give your selves the trouble of a too difficult Justification which Monsieur Mazarin does not exact from you He will believe her Innocent content your selves with that and take care that your Over-Officiousness to justifie her does not by opening too much produce a quite contrary effect The same reason shall make me pass lightly over their distinction between the two retreats of Madam Mazarin They say that if her causing her self to be carried away at first had any thing criminal in it 't is cover'd and Reparation made by her voluntary return into France That the second is wholly innocent as being involuntary and done by the King's Permission and in Obedience to his Order But first how can they pretend that Madam Mazarin's coming back into France without returning to her Husband is a Reparation of her Fault in running away from him Does a Woman that has made an Elopement out of the Kingdom recover her Innocence as foon as She sets foot upon French Ground I agree that if a Woman returns to her Husband and he receives and lives with her without Prosecuting his Revenge for the Injury he shall not afterwards be allow'd to revive his Complaint because such a Cohabitation shall be construed a Remission But here 's nothing like it Monsieur the Duke of Nevers carried away Madam Mazarin into Italy and he has brought her back again into France without joyning Monsieur Mazarin this is rather a continuation of the Affront than a Reparation As for the second retreat I have already acquainted you GENTLEMEN that they have not truly represented the matter of Fact and that if the King did reconduct Madam Mazarin out of the Kingdom 't was in conformity to his Word and the desire of Madam Mazarin that this did no way wipe off the Wife's Guilt nor impair the Rights of the Husband Don't we see Fugitives and Criminals appear every day upon the credit of Protections which are granted either by their Creditors or by order of Council When the time of their Protections are expired and they withdrawn are not the Processes against 'em continued and they esteem'd not a whit the less culpable Madam Mazarin her self was so little perswaded of her own Innocence or that the King's Permission to retire into Italy was a Protection against the Pursuits of her Husband or the right he had to recover her that when She return'd with Madam the Constable her Sister into France She durst not appear but in disguise and being inform'd that the Duke who had some notice of her arrival was in quest of her She made all the speed She cou'd into Savoy and thence She went into England All these false Defences therefore must be retrench'd but once more I repeat it what signifies it to enter into a Discussion which can be of no service to Madam Mazarin since my Client is willing to pardon her all that is past upon condition that She returns immediately to him What reason can She have to refuse him I wish her going away her travels her long abode in Foreign Countries and her Conduct there I wish I say that all this were cover'd or rather that it were Innocent But can her refusing to return to France and Monsieur Mazarin be excus'd Can her obstinacy be look'd upon otherwise than as a fresh Injury a new Crime Is She a Widdow has She transfer'd her self to any other Man's Authority The Church and the Laws of the Land have given him to her for a Husband and commanded her to obey him has any other Power dispens'd with her Tho' it were true that the King had given her leave or even order'd her to retire for some time to her Relations in Italy is it not a manifest abuse of his Permission to extend it to so long a stay in Foreign Parts and to plead
been forc'd to contract and which amount to 100000 Livers that if Monsieur Mazarin wou'd have her he must pay that Summ. She demands likewise that he be condemn'd to it that She may quit a Country where as She says for these are her Words She can't stay without endangering both Life and Salvation She says nothing of her Honour or Reputation those She thinks safe in all Countries You see GENTLEMEN that She sets Monsieur Mazarin a price upon the honour of seeing her and that She rates it pretty high 'T is plain that her Intention is only to baffle his design well knowing that in the present posture of his Affairs he can't raise so great a Summ of ready Money and that 't will not be easie to borrow it for that use In short GENTLEMEN I shall shew you that these Debts are but a sham Pretence and that She has nothing to detain her in England but her own perverse Will To do this I desire you to make some Reflection thereon The first respects the time when Madam Mazarin bethinks her self of saying that she is willing to return into France upon condition that Monsieur Mazarin may be oblig'd to discharge and pay her Debts This She did not think on till the Tenth of the last Month in her Answer to Monsieur Mazarin's Petition Till then she was not aware of the design she had to return into France or of her being detain'd in England for her Debts She liv'd undisturb'd at London not only after the departure of the King and Queen but even after the Petition of Monsie●● Mazarin which bears date the 13th of April last Seven Months were requisite after this Petition to make her feel her own Wants and the Impatience She lay under to quit a Country where according to her own words her Salvation and Life were in such Danger 'T was necessary that her Councel at Paris who drew her Answer shou'd inform her how things went at London before her Eyes in her own Concerns and even in her own Breast Had not this been and had She not been prest to put in an Answer to the Petition of Monsieur Mazarin which was ready to go by default She had not only not perceiv'd that She was in Debt and that her Life was in danger but She had continued agreeably and commodiously there and France had been forgotten for ever I doubt not GENTLEMEN but this Remark has already satisfied you that neither the Condition nor the Intentions of Madam Mazarin are such as She wou'd perswade us they are The second Reflection which is yet more convincing than the former is That ever since the departure of the King and Queen it has lain wholly in the Breast of Madam 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 in London or that she had a Guard upon her House at least Yet there is nothing like it We don't hear that they have made so much as a seizure of her Goods which if they had She might by letting them go purchase her own Liberty and Monsieur Mazarin never expected that She wou'd bring back what She carry'd away from Mazarin House They have indeed produc'd an English Certificate sign'd as they say by a Serjeant at Law and a Barrister of the City of London But it certifies only That by the Law of that Country the Creditors of any Stranger might stop his Effects and Body and proceed so against him that he shou'd not have the liberty of stirring out of the Kingdom till he had paid his Debts or given Security These are the Terms of the Certificate What may we infer from hence Why that the Creditors of Madam Mazarin have perhaps a power to stop her if they please but so long as they don't exert it as assuredly they have not yet done nothing hinders her leaving England I have already GENTLEMEN observ'd to you in the former Audience that they were so far from stopping her that the Convention or Assembly of Estates did their utmost to expell her and that She had not been suffer'd to continue there but thro' the Interposition of the Prince of Orange What is it then that detains her Is it a tenderness of Conscience that will not suffer her to leave her Creditors in danger of losing their Debts or the fear of being tax'd with the breach of her word if she shou'd go without paying But were it not a just excuse to plead that She went away to put an end at once to the Complaints of the Convention and Monsieur Mazarin Had not this Niceness and these Scruples been much more seasonable when She took up her Resolution of running away from the Palace of Mazarin Who cou'd imagine that Madam Mazarin shou'd make a difficulty of leaving England because She owes a little Money to the English that made none of stealing her Self from her Husband and the Kingdom to which She ow'd all to go into England Does She think these pretended Debts more sacred than the Obligations of Wedlock which She has so highly outrag'd and which incessantly recall her But let us enquire a little into these pretended Debts you shall see GENTLEMEN not only that She cou'd not have any Legal ones but that in reality She has not contracted any 'T were no hard matter to prove that supposing Madam Mazarin had contracted Debts that they are Null and can neither oblige her nor Monsieur Mazarin In the proof of this it may be sufficient to observe that She is a Woman under Covert Baron and by consequence incapable of obliging her self without the consent of her Husband Madam Mazarin her self has so far acknowledged her own Incapacity not only of contracting but even of sueing without the Authority of her Husband or a Court of Justice that as you know GENTLEMEN She has formerly presented her Petition to the Council for leave in this very case to draw up against him such incident Demands as She shou'd think necessary for her Defence And the Council has expresly authoriz'd her for that purpose judging that without that She was not in capacity to engage her self in these pretended Debts It is not enough to say that this were a good Argument against Debts contracted in France but that our Laws which disable a Wife for entering into Obligations are of no force in the Kingdom of England For first the Council knows that to judge of any Person 's Capacity of contracting the Laws of the Place of his Habitation only are consulted and by those Laws the State of his Person is regulated and wheresoever he goes he carries along with him those Personal Qualities that Character of Capacity or Incapacity which they impress upon him By consequence Madam Mazarin being Married under the Laws of this Kingdom and having her Mansion always here notwithstanding her Ramble She bears her Subjection to the Authority of her
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 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 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 Memoir Page 119. To know the Trutb the King sent to me at three Months end by Madam Be●izany with an Exempt and Guards in Madam Colbert's Coach with whom my Brother had desir'd the King to lodge me as a place where no body cou'd oblige me to disguise my Sentiments Two or three days after he made me come to Madam Montespan's to talk with him I shall never forget the goodness with which he receiv'd me even to pray me to consider that if he had not made better Terms for me in what had pass'd my Conduct had depriv'd him of the means that he wou'd have me speak my Mind freely that if I was absolutely determin'd to return to Italy he wou'd give me a Pension of 24000 Franks but that he wou'd advice me to stay that he wou'd make my Accommodation as advantagious as I pleas'd that I shou'd not follow Monsieur Mazarin in any of his Journeys and that he shou'd have nothing to do with my Domesticks and that if his Caresses were ungrateful to me I shou'd not be oblig'd to suffer 'em and that he wou'd give me till to morrow to consider of it I cou'd easily have answer'd him upon the spot as I did the next day That after having endeavour'd to take away my Honour as Monsieur Mazarin has done after refusing to receive me again when I offer'd to return without any Condition and he knew the extream neeessity I was in I cou'd not prevail upon my self to return to him that whatsoever Precautions might be taken he was of such a Humor that I must necessarily suffer twenty hardships from him daily which it wou'd not be proper to trouble his Majesty withal and that I accepted with abundance of thanks the Pension which he was pleas'd to bestow upon me After so substantial Reasons you will be surpriz'd to hear that all the World blam'd my Resolution but the Judgments of Courtiers differ very much from those of other Men. Madam de Montespan and Madam Colbert did all that lay in their Power to oblige me to stay and Monsieur Lauzun ask'd me what I intended to do with my 24000 Franks That I shou'd eat 'em out at the first Inn and be forc'd to return shamefully for more which wou'd not be given me You see GENTLEMEN what Opinion they had of this good Manager that accuses her Husband of Profusion The King not being able to 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 Rome nor the Inclination the Roman Ladies had to put it in Practice 't is 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 of Dower that this latter becomes thereby the more necessary You have seen likewise that 't is the Intent of our Customs divers of which conclude expresly for it that 't is the Practice of the Soveraign Courts that 't is 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
time after this piece of Generosity the Bishop had occasion for Money to settle his Nephews and demanded it of Monsieur Mazarin who doing violence to his good Nature refus'd to pay it being inform'd by his Director that 't was a more criminal Simony in him to purchase the Sacrament of Marriage than in a Bishop to purchase his Bishoprick See GENTLEMEN the nice tender Conscience of Monsieur Mazarin Monsieur de Frejus like a Bishop as he was wou'd have taken the Money and never bogled at the Simony Monsieur Mazarin a meer Layman makes a scruple of paying it and religiously pays it not This is an Example that will confirm your Opinion of his Piety Monsieur Mazarin had a Suit of great Importance an Agreement very much to his Advantage was offer'd him He answer'd those that propos'd it to him That our Saviour came not to bring Peace into the World that Controversies Disputes and Processes were of Divine Right but Accommodations of Humane Invention That God had appointed Judges but never thought of Arbitrators and that therefore he was resolv'd to be in Law all his Life and never come to a Reference A Promise that he has hitherto kept like a Christian and will ever Modesty forbids me GENTLEMEN to open to you the occasion of his Journey into Dauphiny to consult Monsieur de Grenoble I will only tell you that a Case of Conscience so extraordinary a scruple so nice so delicate was never heard before But the most signal Act of Monsieur Mazarin's Devotion was this He caus'd one of Madam de Richelieu's Children to be brought up with express Prohibition to the Nurse from suckling it on Fridays and Saturdays that instead of Milk they might suck in the holy use of Fasting and Mortification This is the Devotion of Monsieur Mazarin of which his Advocate has the Confidence to give so great a Character a Devotion that serves to confirm our Refugees in their Belief tho' the Catholicks as well as they laugh at so ridiculous a Piety and you GENTLEMEN whose Piety is so solid disapprove no less than the Protestants themselves The greatest Misfortune that can befall a Man is to be depriv'd of so much Sense as is necessary to Humane Society The next to be oblig'd to live with those that are These two Calamities are to be found in Extremity in the unhappy Marriage of Monsieur and Madam Mazarin Nature has set Monsieur Mazarin at such a distance from Reason that 't is almost impossible they shou'd ever come together The only excuse that his Friends if he has any can make for his Conduct Madam Mazarin has by her ill Fortune been compell'd to live with Monsieur Mazarin Joyning the Living to the Dead was not a greater cruelty than linking Prudence to its Reverse yet this Torment was Madam Mazarin for five years forc'd to endure Befieg'd all day alarm'd all night fatigu'd with Journey upon Journey to no purpose subject to extravagant and tyrannical Orders seeing none but Spies or Enemies and which is the worst of all Conditions unhappy without Consolation Any other Woman wou'd have defended her self from Oppression by an open Resistance Madam Mazarin sought only to escape from her Misfortunes and to find in the Place of her Birth among her Relations that Security and Repose which She had lost While She was at Rome She was honour'd by all that were Illustrious and Great there Upon her return to France She obtain'd of the King a Pension for her Subsistance and an Officer and Guards for her Convoy out of the Kingdom where She neither cou'd nor wou'd stay After so long fluctuation She fix'd her retreat at Chambery where She pass'd three years undisturb'd in Study and Reflection at the end of which She came by the Permission of his Majesty into England All the World knows the regard that King Charles and King James had for her All the World knows the Favours that She receiv'd from 'em Favours bestow'd only on her Person without relation to Monsieur the Cardinal's Demand 'T is therefore to the meer Bounty of their Majesties that She owes her Subsistance For her Husband as just and charitable as he is devout had procur'd the Pension to be taken away which the King of France gave her This is acting little like a Christian Monsieur Mazarin tho' you talk of nothing but the Gospel True Christians render good for evil you leave a Wife to starve that brought you a greater Fortune than all the Queens of Europe together brought to the Kings their Husbands True Christians pardon the Injuries they receive you can't forgive those that you do One Persecution draws on another your ill Humour grows fierce and your blood 's warm in Mischief and the more you persecute the more you inflame the Persecution Is it not enough to rob Madam Mazarin of all while you Live Must you needs take pains to make her miserable after your Death Must you needs be solicitous to provide that her Misfortunes may be endless and continue when you shall no longer be in a Capacity to take Pleasure in ' em Don't think that it suffices that your Advocate 's Mouth is perpetually full of The August and Venerable Name of Husband the Sacred Bands of Marriage of Civil Society We have for us Monsieur Mazarin against the Husband We have his vile Qualities against these fine magnificent Expressions Our first Engagements are to Reason Justice and Humanity and the Quality of a Husband can't dispense with so natural an Obligation When a Husband becomes extravagant unjust or inhumane he turns Tyrant he breaks the Society which he contracted for with his Wife The right of Separation is already made the Judges make it not they only publish its validity by a solemn Declaration Now that Monsieur Mazarin is plentifully provided of all those Qualities that make such a Divorce no one can doubt His Humour his Proceedings his Conduct all his Actions prove it The difficulty will be to find one that does not and Monsieur Herard has a fine Task to seek what is not to be found He 'll tell us that Monsieur Mazarin is devout I own it but his Devotion is such as scandalizes all good Men. He 'll say that he fasts and mortifies himself 't is true but the Pain that he puts others to affords him more Pleasure than his Austerities give him Pain To refrain from Mischief to abstain from doing Evil were an abstinence agreeable to God and useful to Men. But the Mortification wou'd be too great for Monsieur Mazarin and without an extraordinary Grace from Heaven he will never put it in Practice From his Religion Monsieur Herard will perhaps descend to his Morals and tell us of his Liberality to which we shall oppose his Avarice in all honest things and his Prodigality in things that are not so To speak properly he gives nothing but he throws away all He takes from his Wife and Children what he lavishes upon