grand Equerry, when de Thou asked the latter the following question: “Do you not remember, Sir, that there never passed a day, in which I did not endeavour to dissuade you from the attempt?” St. Mars acknowledged it to be true. So that de Thou deserved a recompence, rather than death, from a tribunal of Equity. He certainly deserved to have been saved by Cardinal Richelieu; but humanity was not his virtue. There is in this case something more than summum jus summa injuria. In the sentence of this worthy man we read, “for having had knowledge and participation of the said conspiracy.” It does not say for not having revealed. So that his crime was, his having been informed of a crime; and he was punished for having had ears and eyes.
All that we can say in extenuation of the severity is, that it was not the act of Justice herself, but of a delegated power. The letter of the law was positive; but I appeal not only to the lawyers, but to all mankind, whether the spirit of the law
