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contract. Yet members of the convention appear to have been quite capable of employing both an historical and an abstract notion of contract, and a great many of them probably viewed the historical contract as the English exemplar of the theoretical one. The danger of overemphasizing the incompatibility of the historical and the abstract arguments about contract can be illustrated by Sir Robert Howard. He was the author of an historical tract against arbitrary government, The History of the Reigns of Edward and Richard II (London 1690) (circulated earlier in Ms.), to which he added a preface that included a discussion of contract theory. See id. at xxiii-xxiv. Similarly, in the Convention he argued from the example of Edward and Richard yet also cited Grotius to the effect that "Compact is the origin of power." 2 Misc. State Papers from 1501 to 1726, supra note 53, at

Revolution and Judicial Review: Chief Justice Holt's Opinion in City of London v. Wood