Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Convocation._--The convocation of the province of Canterbury (for
that of York seems never to have been important) is summoned by the
archbishop's writ, under the king's direction, along with every
parliament, to which it bears analogy both in its constituent parts
and in its primary functions. It consists (since the reformation) of
the suffragan bishops, forming the upper house; of the deans,
archdeacons, a proctor or proxy for each chapter, and two from each
diocese, elected by the parochial clergy, who together constitute the
lower house. In this assembly subsidies were granted, and
ecclesiastical canons enacted. In a few instances under Henry VIII.
and Elizabeth, they were consulted as to momentous questions affecting
the national religion; the supremacy of the former was approved in
1533, the articles of faith were confirmed in 1562, by the convocation.
But their power to enact fresh canons without the king's licence, was
expressly taken away by a statute of Henry VIII.; and, even subject to
this condition, is limited by several later acts of parliament (such
as the acts of uniformity under Elizabeth and Charles II., that
confirming, and therefore rendering unalterable, the thirty-nine
articles, those relating to non-residence and other church matters),
and still more perhaps by the doctrine gradually established in
Westminster Hall, that new ecclesiastical canons are not binding on
the laity, so greatly that it will ever be impossible to exercise it
in any effectual manner. The convocation accordingly, with the
exception of 1603, when they established some regulations, and of 1640
(an unfortunate precedent), when they attempted some more, had little
business but to grant subsidies, which, however, were from the time of
Henry VIII. always confirmed by an act of parliament; an intimation,
no doubt, that the legislature did not wholly acquiesce in their power
even of binding the clergy in a matter of property. This practice of
ecclesiastical taxation was silently discontinued in 1664; at a time
when the authority and pre-eminence of the church stood very high, so
that it could not then have seemed the abandonment of an important
privilege. From this time the clergy have been taxed at the same rate
and in the same manner with the laity.[348]
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