Notes and Queries, Vol. IV, Number 102, October 11, 1851: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.Various
History
Notes and Queries, Vol. IV, Number 102, October 11, 1851: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.
Various
Questions and answers -- Periodicals
"And will you preserve unto _the bishops and clergy of the realm_,
and to the churches committed to them, all such rights and
privileges as by law do or shall appertain unto them or any of
them?"
This in an older oath ran thus:
"Et quil gardera le peas de seynt Eglise _et al clergie_ et al
people de bon accorde."
From these quotations it does not seem very faulty to infer, that the
clergy as represented by Convocation are the second Estate of the realm;
and are not, as represented by "the Lords Spiritual," the first, which
is the Estate of the nobility represented by the Peers.
Against this CANON. EBOR.'S arguments are two: first, "that the phrase
'assembled in Parliament' has no application to the Convocation;" and
next, that the "Convocation does not sit at Westminster."
With regard to the first, I have to say that it was somewhat late in our
history that the point was settled that Convocation was not a part of
Parliament. In Mr. Palin's recently published _History of the Church of
England_, ch. x. p. 242., I read, with respect to the dissolution of the
Convocation of 1701,--
"With the presentation of this document the Convocation dispersed,
both the King and the Prolocutor being now dead; and in the act
that empowered the Parliament to sit after the king's
death, no provision was made to continue the Convocation. The Earl
of Rochester moved, in the House of Lords, that it might be
considered, _whether the Convocation was not a part of the
Parliament, and whether it was not continued in consequence of the
act that continued the Parliament_. But that was soon let fall;
for the judges were all of opinion that it was dissolved by the
king's death."
In _A Reconciling Letter, &c._, a pamphlet published in 1702:
"Pray inform me to which notion I may subscribe; whether to the
Convocation being a Parliamentary body, and _part of Parliament_,
as Dr. A. has made it? Or to the Convocation having a
Parliamentary relation, and such an origin and alliance," &c.
On going back to an earlier date:--In Statutis 21 Richard II. c. 2., and
21 Richard II. c. 12. the preambles state that--
"These statutes were made by the assent _of the procurators of the
clergy, as well as_ of other constituent members _of parliament_."
And we know that the _Procuratores Cleri_ occasionally sat in parliament
in the Lower House, as the Judges do now in the Upper: in a treatise
quoted by Coke (_De modo tenendi Parliamentum_)--
"It appeareth that the proctors of the clergy should appear, 'cum
præsentia eorum sit necessaria' (which proveth they were voiceless
assistants only), and having no voices, and so many learned
bishops having voices, their presence is not now holden
necessary."--4 Inst. 5.
Perhaps they were not altogether voiceless, for we find that on Nov. 22,
1547, a petition was presented by the Lower House of Convocation to the
Upper, the second clause of which was--
Public-domain text, read in full here on John Shaqi.
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