CH. III.]
NATURE OF THE CONSTITUTION.
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both houses, in which the most animated debates took place between some of the most distinguished men in the kingdom. But the commons adhering to their vote, the lords finally acceded to it. The whole debate is preserved; and the reasoning on each side is given at large.[1] In the course of the debate notice was frequently taken of the expression of breaking the original contract between king and people. The Bishop of Ely said, "I may say, that this breaking the original contract is a language, that hath not been long used in this place, nor known in any of our law books or public records. It is sprung up, but as taken from some late authors, and those none of the best received; and the very phrase might bear a great debate, if that were now to be spoken to."—"The making of new laws being as much a part of the original compact, as the observing old ones, or any thing else, we are obliged to pursue those laws, till altered by the legislative power, which, singly or jointly, without the royal assent, I suppose we do not pretend to."—"We must think sure that meant of the compact, that was made at first time, when the government was first instituted, and the conditions, that each part of the government should observe on their part; of which this was most fundamental, that king, lords, and commons in parliament assembled shall have the power of making new laws and altering of old ones."[2] Sir George Treby said, "We are gone too far, when we offer to inquire into the original contract, whether any such thing is known, or understood in our law or constitution, and whether it be new language among us." First, it is a phrase used by the learned
