those of Widdrington and Whitelock, Scot and Marten. But the first two
declined to attend; and, when the clerk brought them a summons, retired
into the country.[1]

[a]At the recommendation of this committee, the house passed a vote
declaratory of the law, that it was high treason in the king of England,
for the time being, to levy war against the parliament and kingdom of
England; and this was followed up with an ordinance erecting a high court
of justice to try the question of fact, whether Charles Stuart, king
of England, had or had not been guilty of the treason described in the
preceding vote. But the subserviency of the Commons was not imitated by the
Lords. They saw the approaching ruin of their own order in the fall of the
sovereign; and when the vote and ordinance were transmitted to their house,
they rejected both without a dissentient voice, and then adjourned for a
week.[b] This unexpected effort surprised, but did not disconcert, the
Independents.[c] They prevailed on the Commons to vote that the people are
the origin of all just power, and from this theoretical truth proceeded to
deduce two practical falsehoods. As if no portion of that power had been
delegated to the king and the lords, they determined that "the Commons
of England assembled in parliament, being chosen by and representing the
people, have the supreme authority:" and thence inferred

[Footnote 1: Journals, Dec. 23. Whitelock, 363.]

[Sidenote a: A.D. 1649. Jan. 1.]
[Sidenote b: A.D. 1649. Jan. 2.]
[Sidenote c: A.D. 1649. Jan. 4.]

that "whatsoever is enacted and declared for law by the Commons in
parliament hath force of law, and concludes all the people of the nation,