Also--

"All the members of both Houses of Convocation have the same

privileges for themselves and their servants as _the members of

parliament_ have, and that by statute."--Chamberlayn's _Mag. Brit.

Notitia_, p. 94.

It may be reasonably doubted, whether a little research would not afford

further reasons for thinking that there was some ground for applying the

phrase "assembled in Parliament" to Convocation.

With respect to the Convocations sitting at Westminster. The first

Convocation of 1283 sat "at the New Temple;" the next was summoned on

St. Matthew's day, 1294, to meet _at Westminster_. On April 22, 1523, a

National Synod of both Convocations was held _at Westminster_ by

Cardinal Wolsey, the Papal Legate. The Convocation sat _at Lambeth_ in

1555 and 1558. In 1586 and 1588, we find Convocation often sitting _at

Westminster_. In 1624 the Upper House sat _at Christ Church_, Oxford,

and the Lower _at Merton College_. On May 16, 1661, the Convocation met

in "the Collegiate Church _at Westminster_." The first Convocation of

William III. had its amended commission brought to it on the 4th of

December, while both Houses were sitting together _in Henry VII.'s

Chapel_. The last Convocation of the same king met on the 10th of

February, 1701, at St. Paul's, where they heard divine service, and then

went to the chapter-house, where they chose for their prolocutor Dr.

Hooper. On the 25th of February, the Lower House was sitting in Henry

VII.'s Chapel; and on the 6th of March they were both sitting _in the

Jerusalem Chamber: where_ twice in this present year it has sat. It is

true that the writ which summoned James I.'s first Convocation called

the clergy to appear before the archbishop "in our cathedral church of

St. Paul in London, the twentieth day of March then next ensuing, or

elsewhere, as he should have thought it most convenient;" and it seems

that they did assemble "at the time and place before-mentioned;" yet,

supposing they were not at Westminster then, they were in almost equal

danger from the Popish Plot, as it is not likely they would have

received any greater mercy at the hands of the conspirators.

I have always imagined that it was still a moot-point as to whether all

the Estates ever _deliberated_ together in the presence of the

sovereign. It is not generally known, I think, that they all re-assemble

for the formal passing of every act: and with respect to the authority

of all three being recited in the preamble, I beg to point out to CANON.

EBOR. the following exceptions:--In the Act of Uniformity, the style of

"Lords Spiritual" is omitted throughout, as every one of the bishops

voted against it. It has also been ruled by the judges that the King

may hold a parliament without any Spiritual lords; and, in fact, the

first two parliaments of Charles II. were so holden.

I will presume CANON. EBOR. intended to say that Prelates do not sit in

the Upper House as _Peers_, otherwise the charge of "mistake" will fall

upon Blackstone, _Comm._ book i. ch. 2.:

"The next in order are the Spiritual lords. These consist of two

archbishops and twenty-four bishops; and at the dissolution of

monasteries by Henry VIII. consisted likewise of twenty-six mitred

abbots, and two priors: a very considerable body, and in those

times equal in number to the temporal nobility. All these hold, or

are supposed to hold, _certain ancient baronies_, under the king:

for William the Conqueror thought proper to change the spiritual

tenure of frank-almoign, or free alms, under which the bishops

held their lands during the Saxon government, into feodal or

Norman tenure _by barony_; which subjected their estates to all

civil charges and assessments from which they were before exempt:

and in right of succession to those baronies, which were

unalienable from their respective dignities, the bishops and

abbots were allowed their seats in the House of Lords."

Sir Matthew Hale divides the king's extraordinary councils into two

kinds: 1. Secular or temporal councils; 2. Ecclesiastical or spiritual:

the king's extraordinary secular councils being the Houses of the Peers

and of the Commons; and the extraordinary ecclesiastical, the Upper and

Lower Houses of Convocation.

Some illustration of this may be perhaps found in the following extract

from an appendix to _A Narrative of the Proceedings of the Lower House

of Convocation_, published by T. Bennet, London, 1701, in which

_Prelates_ are Spiritual Lords, whether Bishops or Abbots; and the

phrase "full Parliament" seems equivalent to the ones used in the

Gunpowder Treason Service:--

"When the several Estates were assembled in _full Parliament_, and

received the King's commands concerning the business which they

were to consider, and were adjourned by him to another day of

_full Parliament_, in which they were to meet, and give their

answer: the Clergy, and Lords, and Commons consulted in the mean

time separately, ... Instances of this are not necessary, but one

may be seen among the Records in the appendix to a late book

call'd _Essays concerning the Balance of Power_, &c., and 'tis

this: 6 Edw. III. Part 3. N. 1., on Tuesday in Full Parliament the

King charged the Prelates, Earls, Barons, and other Great Men, and

the Knights of the Shires, and the Commons, that having regard to

the honor and profit of his Realm, they should give him their

counsel. The which Prelates with the Clergy by themselves, and the

Earls and Barons by themselves, and the knights and others of the

counties and the Commons by themselves, treated and consulted till

Friday next, the day assigned for the next session, and there _in

full Parliament_, each by themselves and afterward all in common,

answered."

The formation and development of Convocation, at least that of

Canterbury, presents a great analogy to the English Parliament; as that

of York does to the Scottish Parliament.

We must remember that before the Norman times, the clergy were exempt

from all taxation; inasmuch as "they held in Frankalmoigne," that is,

held their lands, &c., on free alms "in liberam eleemosynam." Littleton

(lib. ii. c. 6. s. 135.) says:

"And they which hold in Frankalmoigne are bound of right before

God to make orisons, prayers, masses, and other divine services

for the soul of their grantor or feoffer, and for the souls of

their heirs which are dead," &c.

The king's succeeding William the Conqueror tried to make the clergy

contribute to the public exchequer, but were effectually resisted. In

order to surmount the difficulty, King John (A.D. 1206) summoned all the

priors and abbots _to parliament_, and obtained from them a vote of a

_thirteenth_: and then wrote to the archdeacons to get the same from the

clergy generally. Edward I. rendered this scheme for the taxation of the

clergy complete. He applied to the Archbishops of Canterbury and York to

assemble, by _their canonical authority_, the convocations of each

province; and these Metropolitans, moved by the King's writ (the same

practice is settled now), summoned these bishops and clergy.

The earliest royal writ, summoning a provincial synod, is dated Nov. 24,

1282, and calling them to meet at _Northampton_: "Venire ... _coram

nobis_ apud Northampton."

This Convocation assembled at Northampton; and we find another mandate

from the Archbishop to the dean of the province, directing him to summon

the bishops and clergy to a Convocation for the 9th of May, 1283, at the

_New Temple_ (now the Inner and Middle Temples), pursuant to a

resolution of the Convocation of Northampton. At this Convocation, the

proctors of the clergy refused to pay the tenth. Eleven years after, we

find Edward summoning the whole body of the bishops and clergy to

_Westminster_ on St. Matthew's day, 1294. His writ orders "The dean and

archdeacon to appear in their proper persons, the chapter by one, and

the clergy of the diocese by two procurators." The clergy objected to

this writ as uncanonical, and claimed to be convoked only by their

Metropolitans; as tending to abolish their provincial synods convened by

regular ecclesiastical authority, and to establish in their place a

parliamentary chamber under secular authority. The King, finding them so

opposed to his project of thus making them a part of the Third Estate,

reverted to the established practice, and addressed his writs to the

Archbishops; whereupon the Metropolitans issued their mandates,

Convocations met, and subsidies were voted.

An important result followed this struggle (see 2 Lingard, p. 375.),

viz., that the procurators of the common clergy of each diocese (in

compliance with the direction on the Kings writ) were admitted as

_constituent members_ of these and all subsequent Convocations; the

archdeacons, before this time, being considered as their

representatives, who probably were furnished with letters of procuration

from them.

The constitution of the English Convocation may be said to be finally

established in the reign of Edward I., and it has so continued to the

present day; except that in 1665 the clergy in Convocation gave up the

privilege of self-taxation, and received in return that of voting for

the House of Commons, losing thereby one distinctive sign of their being

"an Estate of the Realm."

Notes and Queries, Vol. IV, Number 102, October 11, 1851 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 80 / 132 题