Extremely remarkable are the grounds for this proceeding as put forward by Oliver St. John, on April 29, in a great conference with the Upper House, at which the King [A.D. 1641] was present. He urged especially the absolute legislative power of Parliament, in virtue of which it was not bound, like inferior tribunals, by existing laws, but was justified in making new ones to suit circumstances: its only guide should be care for the public weal: it was the political body, embracing all, from the king to the beggar, and could deal with individuals for the good of the whole, could open a vein to let out the corrupted blood. It had been said that the law must precede the offence; that where no law was there could be no transgression: but that plea could not avail for the man who had desired to overthrow all laws: there might be rules for the hunting of hares, wolves were slain wherever they were found. Strafford had well known that the Lower House had the power of life and death[233]. Strafford had thought to be judged by the existing laws, and had always taken the most careful precautions to avoid acting towards them in such a manner that a capital charge could be brought against him. But now there was a power set in motion against him which did not consider itself bound by the letter of the statutes, and held itself fully justified in punishing not only his acts but his intentions. When he heard St. John’s speech he saw that he was lost: he raised his hands above his head, as if to implore the mercy of heaven. His case was not yet finally decided, but in order that he might be rescued events must have happened, and courses have been tried, which lay outside all regular government. In the violent agitation produced by the great questions involved, there was actually once a moment in which such a turn of events might possibly have been expected: this arose from the inner complications of the state and court. FOOTNOTES: [223] ‘Many ministers used greater freedom than ever here was heard of.’ Baillie’s Letters i. 213. [224] Baillie i. 275. ‘These [the separatists] and the rest, who are for the Scots’ discipline, do amicablie conspire in one, to overthrow bishops and ceremonies, hoping when these rudera are put away, that they shall well agree to build a new house.’ (Dec. 2, 1640.) [225] Baillie i. 287. ‘There was some fear for those of the new way, who are for the independent congregations; but after much conference we hope they will joyne to overthrow episcopacie, erect presbyterian government and assemblies, and in any difference they have to be silent upon hope either of satisfaction, when we gett more leasure, or of toleration on their good and peaceable behaviour.’ (Dec. 28.) [226] In Verney’s Notes of Proceeding in the Long Parliament. [227] Rushworth iii. 1. 206.