Thursday, December 11, 1664.
M. d’Ormesson has not yet finished. When he came to the article of the
gold mark, Puissort said, “This speaks strongly against the accused.”
“It may be so,” said M. d’Ormesson, “but there are no proofs.” “What!”
said Puissort, “have not the two officers been examined?” “No,” replied
M. d’Ormesson. “It can not be,” said Puissort. “I can find no such
thing in the proceedings,” said M. d’Ormesson. Upon this, Puissort
rose in a fury, and said, “Sir, you ought rather to say, I find here
a very gross omission.” M. d’Ormesson made no answer, but if Puissort
had addressed another word to him, he would have replied, “I am here,
sir, as a judge, and not as an informer.” You may remember what I
once said to you at Fresne, that M. d’Ormesson would not discover the
omission till there was no remedy. The chancellor also interrupted M.
d’Ormesson several times; he told him it was not necessary to speak
of the project. This must be from malice; for many will suppose it a
great crime, and the chancellor would be glad that the proofs, which
are truly ridiculous, should be withheld, that the idea which prevails
might not be weakened. As, however, it is one of the articles of the
indictment, M. d’Ormesson will not omit it. He will finish to-morrow.
Sainte-Hélène will speak on Saturday. On Monday the two reporters will
give their opinion, and on Tuesday, the whole committee will assemble
early in the morning, and not separate till judgment be passed. I
tremble when I think of this day. The hopes of the family are very
sanguine. Foucault goes about every where, and shows a writing of
the king’s, in which he is made to say that he should think it very
improper if any of the judges leaned toward the prisoner, from the
circumstance of his papers being taken away; that it was he who ordered
it to be done; that there is not one that can be of use to the prisoner
in his defense; that they are papers that relate merely to his office;
and that he makes this known that the judges may not draw improper
inferences. What say you to this magnanimous proceeding? Are you not
grieved that a prince, who would love justice and truth if he were left
to himself, should be prevailed upon to act thus? He said the other
day at his levee, that Fouquet was a dangerous man; this has been put
into his head by some one. In short, our enemies no longer keep within
bounds; they run at full speed; threats, promises, every thing is
resorted to; but if God be on our side, we shall be stronger than they.
You will perhaps have another letter from me; if we have good news, I
shall dispatch an express to you, with all possible expedition; but how
I shall act, or what will become of me, in any other case, I am at a
loss to conjecture. A thousand compliments to our recluse, and to your
better half. Pray earnestly to God for our friend.
Saturday, December, 13.
After having fixed and changed, and fixed and changed again, it was at
length resolved that M. d’Ormesson should give his opinion to-day; that
Sunday might pass over, and Sainte-Hélène begin anew on Monday, which
would make a stronger impression. M. d’Ormesson’s opinion was, that the
accused should be sentenced to perpetual banishment, and his property
confiscated to the king. M. d’Ormesson has by this means established
his reputation as a judge. The sentence is a little severe,[280] but
let us pray that no worse counsel may be given; it is always glorious
to be the first in an assault.
[280] Severe as it was, the king aggravated the punishment still
more. Fouquet’s dilapidations were certainly criminal, but
Cardinal Mazarin gave less and took much more. The licentiousness
of the times, and the force of example, were an excuse, if any
excuse could be made.