ed only_ by his peers, was in force, and acted upon as law, in
England, so lately as 1725, (five hundred years after Magna Carta,) so
far as it applied to a _peer of the realm_.

But the same principle, on this point, that applies to a peer of the
realm, applies to every freeman. The only difference between the two is,
that the peers of the realm have had influence enough to preserve their
constitutional rights; while the constitutional rights of the people
have been trampled upon and rendered obsolete by the usurpation and
corruption of the government and the courts.

SECTION V.

_The Oaths of Judges._

As further proof that the legislation of the king, whether enacted with
or without the assent and advice of his parliaments, was of no authority
unless it were consistent with the _common law_, and unless juries and
judges saw fit to enforce it, it may be mentioned that it is probable
that no judge in England was ever sworn to observe the laws enacted
either by the king alone, or by the king with the advice and assent of
parliament.

The judges were sworn to "_do equal law, and execution of right, to all
the king's subjects, rich and poor, without having regard to any
person_;" and that they will "_deny no man common right_;"[59] but they
were _not_ sworn to obey or execute any statutes of the king, or of the
king and parliament. Indeed, they are virtually sworn _not_ to obey any
statutes that are against "_common right_," or contrary to "_the common
law_," or "_law of the land_;" but to "certify the king thereof"--that
is, notify him that his statutes are against the common law;--and then
proceed to execute the _common law_, notwithstanding such legislation to
the contrary. The words of the oath on this point are these:

"_That ye deny no man common right by (virtue of) the king's letters,
nor none other man's, nor for none other cause; and in case any
letters come to you contrary to the law_, (that is, the common law,
as will be seen on reference to the entire oath given in the note,)
_that ye do nothing by such letters, but certify the king thereof
and proceed to execute the law_, (that is, the common law,)
_notwithstanding the same letters_."

When it is considered that the king was the sole legislative power, and
that he exercised this power, to a great extent, by orders in council,
and by writs and "letters" addressed often-times to some sheriff, or
other person, and that his command