Constitution than to weaken it, surely they are means infinitely to be preferred to penalties, incapacities, and proscriptions, continued from generation to generation.  They are perfectly consistent with the other parts of the coronation oath, in which the king swears to maintain “the laws of God and the true profession of the Gospel, and to govern the people according to the statutes in Parliament agreed upon, and the laws and customs of the realm.”  In consenting to such a statute, the crown would act at least as agreeable to the laws of God, and to the true profession of the Gospel, and to the laws and customs of the kingdom, as George the First did, when he passed the statute which took from the body of the people everything which to that hour, and even after the monstrous acts of the 2nd and 8th of Anne, (the objects of our common hatred,) they still enjoyed inviolate.

It is hard to distinguish with the last degree of accuracy what laws are fundamental, and what not.  However, there is a distinction between them, authorized by the writers on jurisprudence, and recognized in some of our statutes.  I admit the acts of King William and Queen Anne to be fundamental, but they are not the only fundamental laws.  The law called Magna Charta, by which it is provided that “no man shall be disseised of his liberties and free customs but by the judgment of his peers or the laws of the land,” (meaning clearly, for some proved crime tried and adjudged,) I take to be a fundamental law. Now, although this Magna Charta, or some of the statutes establishing it, provide that that law shall be perpetual, and all statutes contrary to it shall be void, yet I cannot go so far as to deny the authority of statutes made in defiance of Magna Charta and all its principles.  This, however, I will say,—­that it is a very venerable law, made by very wise and learned men, and that the legislature, in their attempt to perpetuate it, even against the authority of future Parliaments, have shown their judgment that it is fundamental, on the same grounds and in the same manner that the act of the fifth of Anne has considered and declared the establishment of the Church of England to be fundamental.  Magna Charta, which secured these franchises to the subjects, regarded the rights of freeholders in counties to be as much a fundamental part of the Constitution as the establishment of the Church of England was thought either at that time, or in the act of King William, or in the act of Queen Anne.

The churchmen who led in that transaction certainly took care of the material interest of which they were the natural guardians.  It is the first article of Magna Charta, “that the Church of England shall be free,” &c, &c.  But at that period, churchmen and barons and knights took care of the franchises and free customs of the people, too.  Those franchises are part of the Constitution itself, and inseparable from it.  It would be a very strange