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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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that the World shou'd hear but one side And the Answer to the Pleadings falling into my Hands I thought my self bound to make the Publick Judge betwixt 'em And I hope that after a thorough Examination of the matter Madam Mazarin will by common consent be found worthy of a better Fate and another sort of Husband If the Duke had proceeded no farther than Coldness Reservedness or Rigour the Dutchess had quietly lamented her Misfortune in secret in hopes at length by the constancy of her Sufferings and the sweetness of her Compliance to have won upon so extravagant a Temper But when he came to that degree of excess that took away all her Repose and to such a rate of Profusion as must absolutely ruine her Family She had recourse to those Methods that might preserve her Estate and Liberty The Relations treated the Directors engag'd the King interpos'd his Authority but Monsieur Mazarin persisted inflexible to all Must a Wife be eternally enslav'd to the Caprices Enthusiasms and false Revelations of her Husband This is what Monsieur Herard has maintain'd with as many Injuries as Calumnies These few Passages may serve to shew the violent Spirit of the Advocate Matters are come to that pass in England that 't is no longer lawful for a Catholick a French Man nor scarce for an honest Man to stay in London page 20. If She had any Affection for their Persons any Gratitude for their Bounties or indeed but a bare Sense of Honour or Religion She ought to have follow'd ' em Cou'd She see without horrour the Usurper of their Kingdoms and the Enemy of our Faith establish his Dominion upon the Wrack of their Legitimate Throne and the ruine of the true Religion p. 21. But which way can the Names of the King and Queen of England be made use of to excuse the Escape and Absence of Madam Mazarin after what I have had the Honour to observe to the Council at the last Hearing While She lives in the same Tranquility at London since their departure that She did in their peaceful Reign while She pays the same Incense to the Prince of Orange that She offer'd to them with as much baseness and unworthiness as it was Honour to her to pay that Respect which She ow'd to them p. 42 43. What Excuse has She now Is the Prince of Orange her Kinsman Are all these Gamesters Libertines Presbyterians Episcopians Quakers In a word are all this Rabble of all Religions except the true one which resort to her House her Relations p. 43. Unless some splendid fit of Zeal makes her covetous of that glorious Palm and gives her a holy Ambition of being sacrific'd by that barbarous Nation p. 101. To cite all the Injurious things that he says of Madam Mazarin and the English Nation the whole Pleading must be transcrib'd Monsieur Mazarin can't deny but that he has given occasion for a lawful Separation But he boasts that he has forgot nothing that might procure a Reunion and 't is certain that he sent Articles to that p●rpose The first of which and which is the Hinge upon which all the rest turn was this Nothing by Condition all for Love In those Difficulties that will undoubtedly arise a right Understanding as soon as may be To Copy the best Management of the Kingdom and by that Model to form ours Never to give the Publick any account of our Domestick Affairs much less to let the Curious into any of our Secrets but to tell 'em in short that we are very well reconcil'd Monsieur Mazarin is not contented to have laid down Rules for the Conduct of Husband and Wife but he must needs make Regulations thro' his whole Estate without regard to the Authority of the Bishops or Governours He begins with Ecclesiastical Affairs which in Reason ought to go before the Civil These Articles being Printed I shall mention 'em in gross only He enjoyns Good Order amongst the Fryars where as he says abundance of Abuses are crept in He prescribes to the Curates their Duty in their Parochial Masses especially in the Publication of Holy-days and the Banns of Matrimony Vespers are not forgotten He touches lightly upon the Sermon Proceeding to some Rules for Lay-men He orders an Apothecary or his Boy that Administers a Clyster to be decently habited and the Patient that receives it to turn himself to him with all possible Modesty He forbids Women to milk Cows or spin with a Wheel because of a certain exercise of the Fingers and motion of the Foot which may give 'em loose Ideas He requires abundance of Purity of the Women that keep She●p and more of the Men that keep Goats For the Herdsmen as well those that keep Bulls as those that bring their Cows to 'em must turn their Eyes from the Expedition and pay according to a rate at which he has tax'd it Having a vast Extent of Land in d●vers Provinces he takes his Progresses to see his Orders put in Execution which being universally ill receiv'd he purchases Obedience to 'em at an extravagant rate His Train of his Fraternities his Equipage of Zealots errant half Ecclesiasticks half Seculars wou'd make a very large Caravan in Asia But this is not the least magnificent way of ruining himself that he has found out yet it may suffice to justifie the Separation of Madam Mazarin Let us hear her Advocate AN ANSWER TO THE PLEADING OF Monsieur Herard Advocate BEFORE THE Great Council OR RATHER To the Invective or Libel Printed by Monsieur the Duke of Mazarin against Madam the Dutchess his Wife 'T IS a certain Truth GENTLEMEN that Impudence is not acquir'd in an instant 'T is by degrees that Men arrive at the assurance of telling and maintaining great Lies Truth has no occasion for Instructions or Exercise It is born with us and we must do Violence to Nature to shake off our Veracity Judge then GENTLEMEN how much Study and Practice must have concurr'd to give Monsieur Herard the Perfection of his Talent What Perversions of Truth what Suppositions what Forgeries of Fact are necessary to form the Capacity of so great a Man To say that Monsieur Nevers accompanied his Sister to the end of the first Stage which is false That Madam Mazarin carried off rich Moveables and abundance of Plate who never had abroad either Goods Plate or Jewels except one Necklace which She usually wore in France That She resided in the Territories of the King of Spain thro' which She only travell'd quietly as her way led her That She scandaliz'd all the Convents where She has been tho' we are Witnesses how much She was made of and what Honours were paid her by Madam de Chelles Madam Dulis and all the Superiours of the Houses in which She liv'd That her Pension in England was given her in acknowledgment of a Debt due to the Cardinal a Debt which the two Kings always laugh'd at as Chimerical and Ridiculous To invent a hundred things of
of Effects Matters standing thus she had recourse to her last Stratagem 'T is with Grief that Monsieur Mazarin is oblig'd to revive this unhappy Story but since the absence of Madam Mazarin which is the Subject of our Complaint is the consequence of her being carried away it makes a necessary part of the matter before you and may be of great weight in the Decision of it Besides this Story is already so publick that the recital which I shall make will contain nothing new to the greatest part of the Audience here present Madam de Mazarin in the Habit of a Man attended by one only of her Women in the same Dress came thro' the Communication aforesaid into Nevers House where Monsieur the Duke of Nevers her Brother who waited her coming took her into his Coach and conducted her to a Stage before appointed by him where he left her under the Guard and Conduct of some of his Domesticks and those of another Person of the first Quality who died some years since of the most Tragical Death in the World whose Name the Council will I hope give me leave to pass over in silence The Captains of her Convoy and Principal Conductors were a Valet d● Chambre and one of Monsieur de Nevers's Gentlemen one nam'd Narcissus and t'other Parmillac The Duke of Nevers had taken care to have fresh Horses laid all along the Road that she might leave the Kingdom with more Expedition This Escape was made on the 13th or 14th of June in the Night in the Year 1667. All the next day her Women pretended that she was indispos'd and at rest and suffer'd no body to come into her Apartment so that Monsieur de Mazarin was not inform'd of her flight till the Night following Never was Anguish comparable to that of Monsieur Mazarin he procur'd the King's Orders to all the Governors to stop her passing the Frontiers and caus'd her to be pursu'd with all the diligence imaginable But she having the start by four and twenty hours and travelling exceeding swift render'd all the Care and Diligence of Monsieur her Husband ineffectual Monsieur de Mazarin brought an Information for a Rape against all the Accomplices And here I must intreat you GENTLEMEN to take notice what Respect and Honour he shews for Madam Mazarin in not suffering any Information to be brought or any Decree to be given directly against her he desir'd no more in relation to her than liberty to recover her which was granted By these Informations it was fully prov'd that Monsieur the Duke of Nevers was assistant in this Rape I am sorry upon the account of the Respect I have not only for his great Quality but for his Personal Worth that I am forc'd to rake into these matters but they are of too great importance to my Cause to be pass'd over in silence Warrants were issued out against his Domesticks and Personal Process decreed against himself and the other Person of Quality A Contempt was prepar'd and ready to be adjudg'd when Monsieur de Nevers presented himself to Examination All these Proceedings are yet in the hands of the King's Council Monsieur de Mazarin perceiving that these Processes were not likely to regain Madam de Mazarin which was all that he aim'd at and upon which account only he began 'em but that on the contrary the continuance of 'em did but exasperate the adverse Party and render 'em more indispos'd for a Reconciliation let drop his Suit and left the accus'd in quiet I shall not amuse my self about a Relation of the several Voyages that Madam Mazarin has made the different Climates she has visited nor the Adventures she has met with such a recital wou'd neither be for her Honour nor his Satisfaction And so far is he from entertaining the Publick with any such things that he uses his utmost Endeavour to conceal 'em from himself and to raze 'em from his Memory which the Presence and sincere re-union of Madam wou'd entirely effect 'T is sufficient to inform you that she went first for Italy from whence she return'd privately to France and lay some time conceal'd that her next remove was into Savoy and thence after some Months into the Dominions of the King of Spain and that at last she retir'd into England where she has made her longest abode For the two first years Monsieur Mazarin who still hop'd for her Conversion return'd considerable Summs to her besides what she carried away with her But at length touch'd to the quick at her obstinate refusal to return but more at the ill Reports which she had occasion'd of her self which yet he was so wise and so happy as not to believe and knowing the King of England gave her a yearly Pension of 58000 Livers in Consideration of the Summ of 300000 Crowns which he ow'd to Monsieur Mazarin he put a stop to his returns The King of England dying and his Brother the Duke of York ascending the Throne he had the Bounty to continue her Pension to Madam Mazarin upon the account of the honour she had to be related to the Queen his Consort While the King and Queen of England remained in peaceable Possession of their Realms and had their Court at London and by their Presence their Zeal for the true Religion and their Pious Declaration restor'd the free Exercise of that Religion Monsieur the Duke of Mazarin contented himself in secret to bewail the scorn and hardness of his Wife's Heart He suspended his Right and moderated his Resentments out of Respect to the Protection which their Majesties afforded Madam Mazarin and out of that Veneration which he testified for their Sacred Persons to be near which even Strangers born in the remotest Climates might be drawn and retained by a pure Admiration of their Heroick Vertues And tho' he knew that her Presence was in no wise necessarily conducing to the re-establishment of Religion at London that her way of living there was not likely to give the Catholicks much Reputation of Sanctity that she observ'd but ill the wise Advice the King and Queen honour'd her with and that she consider'd less their Persons than the uncontroul'd Liberty and Pleasure she enjoy'd in their Country Yet he was willing to be cheated by a Pretence so specious and that bore so honourable an Appearance But the Revolution which fell out in England a year ago has taken away that false pretence and not only depriv'd her of all excuse for any longer stay in London but it has laid fresh Obligations upon her to return into France besides those of her particular Circumstances Matters are come to that pass in England that 't is no longer lawful for a Catholick a French Man nor scarce for an honest Man to stay in London much less for a Person loaded with the Favours of the King and Queen and one that has the honour to be allied to ' em The stay which she has made there since that time
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