Notes on Parliamentary Precedents
AD: American Philosophical Society
[1765-1775]

[27 Hen. VIII, cap. 26. Preamble. Albeit the Dominion and Principality of Wales is and ever hath been united to and under the Imperial Crown of this Realm, whereof his Majesty is very Head, nevertheless because in the Principality divers rights, usages and laws are far discrepant from the Laws and Customs of this Realm, and also because the] People of that Dominion [have a speech not consonant to the natural Mother Tongue] used in this Realm.

[And] some ignorant People made a Dis[tinction between the King’s] Subjects of the Realm and his Subjects of [Wales]

[His] Highness therefore

[Of his] Love to his Subjects of the Principality,

[And to] bring the Subjects of his Realm and those of his [Dominion] to Concord and Unity.

[By the] Advice of Lords and Commons, and Authority of the same hath enacted, that henceforth

[The] said Country or Dominion of Wales shall be incorporated with his Realm of England.

[It] seems clear, that before this Act, Wales was not under[stood as] within the Realm, tho’ subject to the same Prince. [And was] Subject to the Crown, tho’ not to the Parliament.

[To sub]ject it to Laws made by the Latter it was thought [right?] to give it all the “Freedoms, Liberties, RIGHTS [and Laws], that the King’s Subjects naturally born within this [Realm had] and enjoy’d.”

[And] among the rest §29 the Right of sending Knights [and Burg]esses to Parliament.

[The Sta]tute of the 34th and 35th. Hen. 8. cap. 13. Preamble sets forth, [that the] County Palatine of Chester had hitherto been excluded [from the] high Court of Parliament, to have any Knights and Burgesses [in the] said Court

[It] had sustained manifold Disherisons, Losses and Damages as well in [their Lands, Goods, and Bodies as in the good government of the Commonwealth of the country, and have been bound by the Statutes and yet had no Knights] or Burges[ses in the Court of Parliament for the said County Palatine, the inhabitants for] lack thereof have [often been touched and grieved with Acts and] Statutes made within the s[aid Court, as well derogatory unto the most] ancient Privileges and Liberties, and p[rejudicial to the common We]alth, quietness, rest, and Peace of the King’[s Subjects inha]biting within the same.

For Remedy whereof

It is enacted that the County of Chester [shall have] two Knights, and the City two Burgesses, &c.

Which Knights and Burgessess were to [have like Author]ity, to all Intents and Purposes, like Lib[erties, Dig]nities, Privileges, &c. &c. with other Knig[hts and Burgesses.]

Notes,

The Preamble is part of the Chester [Petition.]

It charges preceding Parliaments w[ith doing the] County great Injustice, with wronging the [people by] depriving them of their Liberties, destroying [their Peace.]

These Charges are repeated or twice m[entioned?]

The Parliament does not deny or exten[uate them.]

But allows their Truth, and adopts the[m in the] Preamble of the Act.

If the County Palatine of Chester, belong[ing to the King, and] near him, under his Eye and immediate Protect[ion]

Might be and was oppress’d by Parlia[ment]

As they had no Representative there

How much more liable to such Oppr[ession may the] King’s Colonies in America suppose them[selves to be]

Without Representatives in Par[liament.]

It is probable the Parliamentary Authority [they ac]knowledge they had been bound by, was introduc’d by the King’s Governing them by Ordinances, first without mentioning Parliament, perhaps before Parliament existed; and afterwards to give greater Appearance of Authority, mentioning Parliament.

Statute 25. Car. II. c. 9. Preamble sets forth

That the Inhabitants of the County Palatine of Durham have not hitherto had the Liberty and Privilege of sending Knights and Burgesses to Parliament.

“Altho’ liable to all Payments, Rates and Subsidies granted by Parliament equally with the Inhabitants of other Counties who have Knights in Parliament.

"[And] are therefore concerned equally with others the Inhabitants of this Kingdom to have Knights and Burgesses in Parliament of their own Election to represent the condition of their Country, as the Inhabitants of other Counties have,” &c.

This contains the strongest Parliamentary Acknowledgments and Authority of this Truth.

That a People liable to Rates and Subsidies granted by Parliament, are therefore intitled to have Representatives in Parliament “Of their own Election.”

“To represent the Condition of their Country.” Which could not otherwise be so well understood or taken care of.

624426 = 012-032a.html