De Fleury’s indictment acquitted the Cardinal of fraud, but found him guilty on the higher charge that he had insulted the Queen’s honour by the assumptions he had made. Considered objectively, this was entirely justified, and the punishment proposed not especially severe.
But those who were determined both to humiliate the Queen in every possible way and to undermine the King, did not think so. When Joly de Fleury had finished reading out his statement, M Séguier, the Avocat Général, who stood above Fleury in rank, rose to speak. He protested vehemently, demanding that the Cardinal be acquitted on all counts. His raised tones were hardly in keeping with the dignity of the occasion; it was like a foretaste of the embittered rantings soon to be heard in the courts of the Revolution.
“You, who already have one foot in the grave,” he roared, “want to heap the ashes of shame upon this man, and to bring that shame upon the Parlement itself.”
“Your anger, sir, is not surprising,” replied Fleury. “People like you, who are so deeply sunk in debauchery, have no choice but to take the Cardinal’s side.”
“It’s is true that I know a few ‘girls’,” retorted Séguier, “and in fact my coach does sometimes wait at their door. But that’s entirely my business. No one could say of me that I basely sold my opinions to those in power.”
His meaning was that Fleury was in the pay of the Court. The accusation shocked him so much that he couldn’t speak.
Such were the circumstances in which the hearing began. Réteaux did not deny that he had written the letters in question, but, he pleaded, he had done so with good intentions, since he and everyone knew that the Queen would never have signed herself ‘Marie-Antoinette de France’.
Jeanne responded to the judges’ questions with indomitable courage. Rohan and the Queen had certainly corresponded: she had personally seen some two hundred letters written between them. In hers, the Queen used the intimate ‘tu’ form with him, and most of them involved arranging rendez-vous. And they really had met.
This assertion deeply offended the judges, even those who were passionately against the Queen. They were aristocrats, and they felt that enough was enough. Jeanne curtseyed with a saucy, mocking smile, and left the room.
The Cardinal was next. He was very pale, utterly exhausted: a broken man. Observing that he could barely stand, the court gave him permission to sit, not on the bench for the accused but on a seat reserved for their own use. When his submission was over and he was about to leave, they gave him a standing ovation.
Next should have been the turn of Nicole d’Oliva, but she had asked to be excused for a short while as she was suckling her child. The judges were men of sensibility, and readily gave her permission. Finally she did appear, and won everyone’s hearts. Her winsome innocence and charming disarray put them in mind of a popular painting by Greuze, The Broken Jug. Some had tears in their eyes. They did not trouble her for very long; everyone took her innocence for granted. Decidedly she was their favourite.
Then Cagliostro stepped up. He too was an instant success. Even the way he wore his hair, with locks dangling in little plaits down to his shoulders, gave them something to smile at. To the standard opening question about who he was and where he was from, he replied in his most metallic tones:
“I am a noble traveller.”
That put an end to any solemnity in the proceedings. There were no further questions, as he held forth about himself, happy in the knowledge that at last he had an audience. The sophisticated, acerbic judges found him a breath of fresh air, a kind of southern bumpkin, an especially amusing market-hall barker, or an organ-grinder with his monkey. At the end they even congratulated him, which Cagliostro naturally took as his due.
When the prisoners left the Palais that evening to return to the Bastille by coach, a huge crowd was waiting to cheer Rohan and Cagliostro. The Cardinal was less than comfortable with this reception, but Cagliostro was in his element, gesticulating, shouting and throwing his hat into the throng, where (he claimed) people fought for it in their thousands.
On 31st May, at six in the morning, the Parlement sat in judgment. Despite the early hour, there for all to behold stood those late sleepers and late risers, the assembled aristocracy of France. Since five am nineteen members of the Rohan family and the related house of Lotharingia (Lorraine), including Mme de Marsan, Mme de Brionne, the Duc Ferdinand de Rohan (the Archbishop of Cambrai), the Duc de Montbazon and others, had been standing at the gate of the Grand’chambre in full mourning garb. It was like that scene in the Spanish Romanzero when the sons of Count Lara process before the King after their father’s honour has been impugned. Everything about the scene was charged with a sense of ancient aristocratic feudal — and Spanish — grandeur. Mme de Brionne, the most formidable of the fairy godmothers, had already called on the leader of the Parlement at dawn and upbraided him furiously, as only these formidable old ladies can, hurling it in his face that he had sold himself to the Court. (“How proud people are of their own independence when they betray that of others for money!”) When the judges filed past, the nineteen Rohans and Lorraines met them with a profound and sombre silence. The judges, even those who were of noble birth, were all from families far younger than the two Illustrious Houses, and were deeply moved.
Jeanne de la Motte’s fate was the first to be decided. In flat, unvarying tones her crimes were read out. When the time came to determine the sentence, two Councillors, one of them Robert de St Vincent, a passionate opponent of the monarchy, called for execution. This was just a manoeuvre. Had the discussion really got on to the death penalty, the clerical members of the Parlement would have been obliged to withdraw. It was a way of ensuring that thirteen of them would stay out of the debate, since, with two exceptions, they would have taken a stand against Rohan as a disgrace to his religious order. And so the two Councillors now demanded the ultimate penalty for Jeanne: “to be taken from this place and put to death”. The actual form her punishment would take, we shall see.
The Comte de la Motte was sentenced to the galleys for life. Réteaux got off extremely lightly, with lifelong banishment from the kingdom. D’Oliva and Cagliostro were acquitted, but on differing terms. D’Oliva was deemed hors de cour—dismissed from the court — while Cagliostro was acquitted on all counts. The first of these acquittals was less absolute than the second, having a certain implication of disgrace attached to it.
All these decisions had been handed down in a relatively routine manner. Now the real business began — deciding what to do about Rohan.
The discussion lasted seventeen hours, and the result was announced only at ten pm. Those who were sworn enemies of the Court, Fréteau de St Just and Robert de St Vincent, had made powerful speeches in Rohan’s defence. The outcome was that everyone voted for his acquittal, but they could not agree on the precise manner of it. Twenty-six speakers voted for outright acquittal, while twenty-two wanted simply to discharge him hors de cour. In the end there was a majority decision — Cardinal Rohan was completely cleared on all charges, with no shadow of infamy attaching to his name.
Paris received the verdict with widespread rejoicing. The Parlement’s popularity had increased yet again, and everywhere people drank to its health and the Cardinal’s. The fishwives, those proud representatives and symbols of the people, stood waiting for him in the courtyard with bunches of roses and jasmine, and clasped him to their bosoms with joy.