A DECLARATION OF THE House of Commons in Parliament Assembled. DECLARING 1 That the people are under God the original of all just power. 2 That the Commons of England in Parliament assembled being chosen by, and representing the people, have the supreme power in this Nation. 3 That whatsoever is Enacted or Declared for Law by the house of Commons assembled in Parliament, hath the force of Law. And all the people of this Nation are concluded thereby: Although the consent and concurrence of the King or House of Peers, bee not had thereunto. And a Copy of The Covenant between the Kings of England and the people, at their Coronation. LONDON Printed by Robert Ibbitson, in Smithfield, near the Queenes-head Tavern, 1648. A DECLARATION OF THE House of Commons in Parliament Assembled, Declaring, That the people are under God the original of all Just POWER. BY an Ordinance of both Houses of Parliament Novemb. 2. 1642. It was declared thus. There must be a Judge of that Question wherein the safety of the kingdom depends( for it must not lie undetermined) if then there be not an agreement between His Majesty and His Parliament, either His Majesty must be the Judge against his Parliament, or the Parliament without his Majesty; If his Majesty against his Parliament, why not as well of the necessity in the Question of making a Law without and against their consent, as of denying a Law against their desire and advice? The Judge of the necessity in either case by like reason is 〈◇〉 both▪ Besides, if his Majesty in this differenc● o● 〈…〉 be Judge, he should be Judge in his own c●se but the Parliament should be Judges between his 〈◇〉 & the kingdom, as they are in many, if not in all cases. And if his Majesty should bee Judge, he should bee Judge out of his Courts and against his highest Court which he never is, but the Parliament should onely judge without his Majesties personal consent, which is a Court of Judicature, it always doth, and all other Courts as well as it, if the King be for the kingdom, and not the kingdom for the King. And if the kingdom best knows what is for its own good and preservation; and the Parliament be the Representative Body of the kingdom, It is easy to judge who in this case should be the Judge. Die Jovis 4 January 1648. The Commons of England in Parliament assembled, do Declare, 1 That the people are under God the original of all just power. 2 That the Commons of England in Parliament assembled, being chosen by, and representing the people, have the supreme power in this Nation. 3 That Whatsoever is enacted; or Declared for Law, by the House of Commons assembled in Parliament, hath the force of Law. And all the people of this Nation are concluded thereby, although the consent and concurrence of the King or House of peers, be not had thereunto. H. elsing clear. Par. Dom. come. The Covenant between the Kings of England and the people, at their Coronation. Sire voulez vous grants & guarder & par vostre serment confirmer au people d' Engleterre less Leys & less Custumes a cux grants par less anciens Roys d' Engleterre vos Predecessuers droitus & devotez a dieu & noment. au clergy & au people par le glorieux Roy saint Edward vostre predecesseur. Respond. ye less grant & promitte: Sire garderez vouz a dieu & a s●●●t Eglise & 〈◇〉 clergy & au people pais & accord en Dieu entirement selon v● vostre poasre. Respons ye le feray. Sire grants vous a tenir & guarder less leys & less Custumes dr●●iture less less quiels la communante de vostre royalme aur eflu. & less defenderer & affer●erer al honneur de dieu a vostre poaire. Respons ye le grant & promitte. This we find upon Record to have been taken by E. the 2. and E. the 3. Sir, Will you grant and keep, and by your oath confirm to the people of England, the Laws and customs granted to them by ancient Kings of England, rightful men, and devout to God; and namely, the laws and customs, and Franchises d to the Clergy, and to the people by the glorious King Edward, to your power? Sir, ye keep to God and to holy Church, to the Clergy, and to the people, peace, and accord, wholly after your power. Sir, ye do to be kept in all your dooms and judgments true and even righteousness with mercy▪ and truth. The King shall answer, I shall do it. Sir, Will you grant, fulfil, and defend all rightful laws and customs, the which the Commons of your realm shall choose, and shall strengthen and maintain them to the worship of God after your power. The King shall answer, I grant and behete. Out of an old book in the Hearaulds Office Sequitur forma juramenti soliti & consueti praestan. per Reges Angliae in eorundem Coronatione quod Archiepiscopus Cantuar. ab iisdem 〈…〉 recipere consuevit prout in libris Pontificalium Archiepisc. & Epist. plenius continetur. Quod quidem juramentum Richardus Rex Angliae post Conquestum secundus in Coronatione sua praestitit & ab Archiepisc. Cantuar. erat receptum & illud idem juramentum dictus Rex post mundum iteravit ●rout in Rot. Cancellarii plenius reperiri pot●rit de record. Servabis Ecclesiae Dei, Cleroque & populo pacem ex integro & concordiam in Deo secundum vires tuas. Respondebit, servabo. Facies fieri in omnibus judiciis tuis acu & rectam justitiam & dis●retionem in misericordia & v●ritat● sec●nd●m vires tuas. Respondebit, servabo. Concedis justas leges & consuetudines esse tenendas & promittis pro te eas esse protegendas, & ab honorem Dei corroborand: quas vulgus elegerit secundum vires tuas. Respondebit concedo & promitto. Adj 〈…〉 predict●● interrogationib●s qua just●● fu pronunciatisque 〈◇〉 confirmet Rex se omnia servaturum Sacramento supper altar prestito coram cunctis. Ex. Rot. Parliament. 1. H. 4. n. 17. Afterwards the foresaid Arch-bishop of Canterbury having taken the corporal Oath of our Lord the King to grant and keep, and with his Oath to confirm the laws and customs granted to the people of the kingdom of England, by ancient, just and devout Kings of England, the progenitors of the said King, and especially the Laws, customs and freedoms granted to the Clergy and people of the said kingdom by the most glorious and most holy King Edward, to keep to God, and the holy Church of God, and to the Clergy and people peace and concord in God entirely according to his power, & to cause equal and right iustice to be done, and discretion in mercy and truth, and also to hold and keep the just laws and customs of the Church, and to cause that by our said Lord the King they should be protected, and to the honour of God strengthened, which the people should justly and reasonably choose to the power of the said Lord the King: the foresaid Arch-bishop going to the four sides of the said Scaffold declared and related to all the people how that our Lord the King had taken the said Oath, inquiring of the same people if they would consent to have him their King and leig Lord, to obey him as their King and Leig-Lord, who, with one accord consented thereunto. Out of the Claus. Rot. 1. R. 2. M. 44. Subsequenterquè capto per praefatum Archiepiscopum Cantuar sacramento Domi. Regis corporali de concedendo & servando cum sacra confirmationo leges & consuetudines ab antiquis justis & Deo devotis Regibus Angliae, progenitoribus ipsius Regis Plebi Regni Angliae concessis & presertim leges, consuetudines & libertates à gloriosissimo & sanctissimo Regi Edro clero populoque Regni pr●dicti concessis & de servando Deo & Ecclesiae Sanct. D●●●ni Cleroque & populi pacem & concordiam integre i● Deo juxta vires tuas & de faciendo fieri in omnib●● judiciis f●●is aequam & rectam Justiciam & descretionem in misericordia & veritate & etiam de tenendo & custodiendo justas leges & consuetudines Ecclesiae, ac de faciendo per ipsum Dominum Regem eas esse protegenda● & ad ho●●rem Dei corroborand. quas vulgus just & rationabiliter elegerit juxta vires, ejusdem Domini Regis praefatus Archiepiscopus ad quatuor partes p●l●iti praedicti accidents exposuit & enarravit Vniverso populo, qualiter dictus Dominus Rex hujusmodi praestitit Sacr●●●●tum inquirens ad eodem populo si ipsi consentire vellent 〈◇〉 habend. ipsum regem & Dom. suum ligeum & ad obedien. & ei tanquam Regi & Dom. lige● qui utique unanimiter consenserunt. Ex Rot Clausar. de An. 1. Ric. 2. M. 44. FINIS.