The same order is observed in Sir Edward Coke's speech on Garnet's trial:--

"For the persons offended, they were these:--the King ... the Queen ...

the noble Prince; ... then the whole royal issue. The Council, _the

Nobility_, _the Clergy_; nay, our whole religion itself," &c.

And if CANON. EBOR. wishes for a more decisive authority on the matter, he

will find it in _An Act for granting Royal Aid unto the King's Majesty_,

passed in 1664.

2. _The Convocations of the Clergy_ ARE _a part of the Parliament._ This

fact, and its importance, has been generally overlooked or disregarded by

writers on Convocation. They have almost uniformly, while endeavouring to

substantiate its synodical authority and purely ecclesiastical influence,

omitted to point out its position as a part of our parliamentary

constitution: the result has been a degree of vagueness and uncertainty on

the subject.

The clearest and most distinct way of demonstrating this proposition, that

the Convocation is a part of Parliament, will be, after noting that in our

early historians _Convocatio_ and _Parliamentum_ are synonymous, first, to

bring forward evidences that it was often regarded as being so somewhat

late in our history, that is, just before its sessions were suppressed;

and, in the next place, to produce facts, documents, and extracts which

display this parliamentary character in the earlier stages of its

existence. To begin, then, with Burnet, whose statements must be taken with

allowance, as those of a hot anti-convocational partisan, as he had indeed

good reasons for being:--

"When the Bill (Act of Comprehension) was sent down to the House of

Commons, it was let lie on the table; and, instead of proceeding in it,

they made an address to the King for summoning a Convocation of the

Clergy, _to attend, according to custom, on the session of Parliament_.

The party against the Government ... were much offended with the Bill

of Comprehension, as containing matters relating to the Church, _in

which the representative body of the clergy had not been so much as

advised with_."--Burnet's _History of his own Times_, book v.

In his account of the Convocation of 1701, the facts which he details are

important. After saying that "the clergy fancied they had _a right to be a

part of the Parliament_," he continues:--

"The things the Convocation pretended to were, first, that they had a

right to sit whenever the Parliament sate; so that they could not be

prorogued, but when the two Houses were prorogued. Next they advanced

that they had no need of a licence to enter upon debates and to prepare

matters, though it was confessed that the practice for a hundred years

was against them; but they thought the Convocation lay under no further

restraint than that the Parliament was under; and as they could pass no

Act without the Royal assent, so they confessed that they could not

enact or publish a Canon without the King's licence. _Antiently the

Clergy granted their own subsidies apart_, but, ever since the

Reformation, the grant of the Convocation was not thought good till it

was ratified in Parliament.... _In the writ that the bishops had,

summoning them to Parliament, the clause, known by the first word of

it,_ 'Præmunientes,' _was still continued. At first, by virtue of it,

the inferior clergy were required to come to Parliament, and to consent

to the aids there given_: but after the archbishops had the provincial

writ for a Convocation of the province, the other was no more executed,

_though it was still kept in the writ_, and there did not appear the

least shadow of any use that had been made of it, for some hundreds of

years; _yet now some bishops were prevailed on to execute this writ,

and to summon the clergy by virtue of it_."--Book vi.

With this last extract from Burnet, let the following from Lathbury be

compared:--

"This clause, it appears, was inserted in the bishops' writ in the

twenty-third year of Edward I. When assembled by this writ, the Clergy

constituted a State Convocation, not the Provincial Synod. When the

clause was inserted, there was a danger of invasion from France; and it

is clear that the Clergy were not assembled by this clause as an

Ecclesiastical Council, but to assist the King in his necessities. This

is evident from the words '_hujus modi periculis et excogitatis

malitiis obviandum_.' The clause was, however, continued in the writ

after the cause for its insertion had ceased to exist: _but whenever

they were summoned by virtue of this writ, they constituted a part of

the {541} Parliament_. The clause, with a slight variation, _is still

retained_ in the writ by which the bishops are summoned to

Parliament."--Lathbury's _History of the Convocation of the Church of

England_, p. 121.

It will be obvious, then, and plain to the reader of the above passage,

that when the clergy were summoned by this clause _Præmunientes_, in the

writ directed to the archbishops, they were summoned _to be a part of

Parliament_; but the King's writ was that which made Convocation what it

was--which made it a legal, constitutional, parliamentary assembly, with

definite power and authority--instead of a simple synodical meeting of the

clergy, whose influence would be solely moral or ecclesiastical.

Convocation, from the time of Edward I., that is, from its first beginning,

has been a part of parliament, being "an assembly of ecclesiastics for

civil purposes, called to parliament by the King's writ" to the

archbishops; and before the time of Henry VIII. it voted subsidies to the

King independently of the Houses of Lords and Commons. Of this clause

_Præmunientes_, CANON. EBOR. has taken no notice whatever, although in the

extract from Collier it was expressly stated that the proctors of the

clergy were "summoned to parliament" and "sent up to parliament" by it,

and, when assembled in the Lower House of Convocation, they were esteemed

_the Spiritual Commons_ of the realm, and a constituent part of "the great

Council of the nation assembled in parliament." But as mere assertions, or

even uncorroborated deductions, are but of little value without facts, I

must establish this much by producing authorities.

The design of Edward I. for reducing the clergy to be a part of the Third

Estate, by means of this præmunitory clause, is sufficiently known, as is

also the fact that the clergy were unwilling to give up their own synods;

and though, in obedience to the King's summons, they came to parliament

from both provinces, yet shortly after they met by themselves, and

constituted a body which was at once synodical and parliamentary.

"Now, then, though the _Præmunientes_ was obeyed nationally, yet the

clergy that met with the Parliament acted provincially, _i. e._ the

clergy of that province where the Parliament was held acted as a Synod

convened by their metropolitan, and the clergy of the other province

sent their deputies to the Lay Assembly to consult for them; but taxed

themselves, and did all manner of ecclesiastical business, at home in

their own province. _And this was pitched upon as a means of complying

with the Canons of the Church, which required frequent Provincial

Councils, and yet paying their attendance in Parliament; the

Archbishop's mandate summoned them to the one, and the præmunitory

clause to the other_, and both were obeyed."--_Atterbury on

Convocation_, p. 243.

The same view is taken by Kennet in his _Ecclesiastical Synods and

Parliamentary Convocations in the Church of England_.

Here, then, is the origin of Convocation, strictly so called, viz. the

Clergy withdrawing themselves from the Commons into a separate chamber for

purposes of debate, and for transacting their own business independently,

but yet not ceasing thereby at all to be a part of that parliament, to

their being summoned to which they owed the opportunity of meeting in their

provincial synod, which was _Congregatio tempore Parliamenti_.

We hear of the clerical proctors being occasionally present in the House of

Commons in the earlier part of our history; and we may reasonably infer

that they would not have been so present unless they had _a right_ to have

been there. If they had that right, then they were a part of parliament.

They certainly had that right by the clause _Præmunientes_ so often

referred to, "according to antient usage;" but they waived the exercise of

it, on finding it more advantageous to deliberate by themselves. At a later

period they wished to resume their right, and therefore petitioned "to be

admitted to sit in parliament WITH _the House of Commons_, according to

antient usage," of which Commons they had of usage considered themselves

the _spiritual_ part. An instance in point we shall find in a petition of

Parliament to Henry IV.:--

"Supplient humblement _les Communes_ de vostre Roialme, sibien

_Espirituelz_ come _Temporelz_."--_Rot. Parl._ 7 & 8 Henry IV. n. 128.

Notes and Queries, Number 136, June 5, 1852 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 79 / 147 题