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CONSTITUTION OF THE U. STATES.
[BOOK III.
Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/352
Mr. Hooker in his book of Ecclesiastical Polity, whom I mention as a valuable authority, &c. "But I have yet a greater authority than this to influence this matter, and that is your lordship's own, who have agreed to all the vote, but this word, abdicated, and the vacancy of the throne." He then supposes the king to say, "The title of kingship I hold by original contract, and the fundamental constitutions of the government, and my succession to, and possession of the crown on these terms is a part of that contract. This part of the contract I am weary of," &c.[1] The Earl of Nottingham said, "I know no laws, as laws, but what are fundamental constitutions, as the laws are necessary so far to support the foundation."[2] Sir Thomas Lee said, "The contract was to settle the constitution, as to the legislature; and it is true, that it is a part of the contract, the making of laws, and that those laws should oblige all sides when made. But yet not so as to exclude this original constitution in all governments, that commence by compact, that there should be a power in the states to make provision in all times, and upon all occasions for extraordinary cases of necessity, such as ours now is."[3] Sir George Treby again said, "The laws made are certainly part of the original contract, and by the laws made, &c. we are tied up to keep in the hereditary line," &c.[4] Mr. Sergeant Holt (afterwards Lord Chief Justice) said, "The government and magistracy are all under a trust, and any acting contrary to that trust is a renouncing of the trust, though it be not a renouncing by formal deed. For it is a plain declaration by act and deed, though not in writing,
