Archbishop to the Bishop of London, Dean of the Province, and by him to the reft of the Bifhops, and by them to their Deans and Chapters, and Archdeacons to chufe Proctors to appear at St. Paul's in Convocation. Before the Reformation, fometimes Elections and Returns were made on both Writs, either by chufing the fame Perfons for both Purpofes, or, on fome Occafions, different Perfons. However, this is agreed, that Proctors chofe on either Writ, may ferve the Ends of both. And that the Clergy of the Province of York, by meeting in that City, whither they are called by the Provincial Writ, are excufed from coming to Westminster, to which Place they, as well as the Clergy of Canterbury, are fummon'd by the Præmunientes.

And whereas by Stat. 8 Hen. VI.c. 1. it is provided, That the Clergy called to Convocation by the King's Writ, together with their Servants and Families, fhall fully use and enjoy fuch Liberty, or Defence, in coming, tarrying, and returning, as the great Men, or Commonalty of the Realm do, or ought to enjoy. This Act has always been fo understood, That Protors, chofe by the Provincial Writ, have been as fafe from Arreft, as if they had been chofen by Virtue of the Præmunientes.

The Reafon why the Clergy were thus doubly called was, to fecure their Obedience, and the King's Authority. The prevailing Opinion among the Clergy then was, that they ought not to obey a Summons to Convocation from a Secular Perfon, tho' the King himfelf; therefore the Archbishop was, by the King, obliged to fu mmons them, that they might feem to come

by

by virtue of their Canonical Obedience, and that the Archbishop might not be deprived of his Right of calling them; and on the other fide, the King was willing to affert his own Power, of commanding them to appear, and therefore called them again by his Præmunientes, and perhaps fome might be terrify'd into a Compliance, for fear of the King's Difpleafure, who otherwife might have proved Refractory.

This is certain, the Clergy were drawn to Parliament against their own Inclinations, efpecially becaufe the main End the King had in bringing them thither, was, not to give their Votes in making Laws or Matters of Civil Government, but to confent to the granting Subfidies, and the only advantage they had in com ing, was to reprefent their Grievances, which fometimes they got redress'd.

Tho' the Lower Clergy were never let into a Share of the Ligiflature in Parliament, (fave that fometimes their Affent has been required in Matters concerning the fettling of the Succeflion of the Crown, and to fuch Laws wherein their Rights have been particularly concerned: Rights of Conv. p. 62, 63, 376, &c.) but only had Conferences Occafionally with the Temporal Commoners, about adjusting and proportioning their Subfidies; yet they who allow the leaft to them, acknowledge that they were by degrees received into the Provincial Synod, which before confifted only of Bishops and Abbots, and were permitted to give their Votes in all things that concern'd the Doctrine, Difcipline, and Government of the Church, and have been for near 300 Years an effential

part

of

of the Convocation. At first, they fat in one Room with the Lords Bifhops, and when any Affair was in agitation, which did particularly concern them, they retir'd into fome place by themselves, and reported their Refolution to the Lords, by one or more Eminent Members. But Bishop Kennet doth allow, that by the be ginning of the Fifteenth Century they began to be a diftin&t Houfe, and. to have a fettled Prolocutor regularly chofen at the beginning of Convocation: The first of whom (fays he) was the famous Lyndwood.

But in the Province of York, the Bishops and other Clergy, do ftill fit in the fame House: therefore I do not understand what the Author of the Additions to Cambden's Britannia means, when he fays, that the Bishop of Man is al low'd to fit uppermoft in the Lower-House of Convocation. Pag. 1070.

The first occafion of calling the lower Clergy to Convocation now ceafes: For whereas to the Year 1663, the Clergy, for their Church Preferments, and all the Lands which belong'd to them before the Statute of Mortmain, were taxed by themselves only in Convocation, and their Grant down to Henry VIII's Reign, was confirm'd only by Royal Affent; (but fince that Time, by the Authority of the Two Houses of Parliament, for the most part): Yet now, and ever fince 1663, they have dropt the ancient Right of taxing them felves, and have had Taxes laid on them by Parliament, as all other English Subjects. In the first Act, whereby the Clergy were taxed by Parliament, Anno Dom 1664, there is an exprefs Salvo for the Rights of

the

the Clergy; from whence many do infer, that they are ftill at liberty to reaffume this ancient Practice; but if they should do fo, whether it will prove an Eafe, or a Grievance, a Privilege, or a Hardship, I will not pretend to determine. Since they have been Taxed by Parliament, they have been allow'd to vote in chufing Knights of the Shire, as other Freeholders, which in former Times they did not.

Only Parfons, Vicars, and perpetual Curates, are capable of giving their Votes in chuling Proctors for the Diocefan Clergy.

In the Province of Canterbury there are only two Proctors return'd for each Diocese. In thofe Diocefes where there are feveral Archdeaconries, two are nominated by the Clergy of each Archdeaconry, and out of thefe, two are chofen by the Bishop to ferve as Proctors for the whole Diocefe Or the feveral Archdeaconries do by Turns chufe two Proctors. But in the Province of York, two Proctors are fent to Convocation from every Archdeaconry, otherwife the Number would be fo fmall, as fcarce to deferve the Name of a Parochial Synod. By this means it comes to pafs, that the Parochial Clergy have as great an Intereft in Convo cation there, as the Cathedral Clergy. Whereas, in the Province of Canterbury, the Lower Houfe of Convocation confifts of 22 Deans, (taking in Westminster and Windsor) 24 Protors of the Chapters, 53 Archdeacons; to coun terballance all which, there are but 44 Proctors for the Porochial Clergy, which do not make one third part of the whole Body: A very dif proportionable Representation: So that the In

cum

cumbents of this Province, who are the main Body of the Clergy, have, in effect, no Intereft at all in the Lower Houfe of Convocation, if any Difpute arife there between them and the Cathedral Clergy: For what are 44 to 99?

Befides the Affemblies already mentioned in former Times, the Archdeacons had their Capitula, or Chapters, to which the Clergy within their Jurifdi&tion were called; not to make Canons or Orders, but to communicate fuch Directions to the Clergy as the Bishop thought proper, to confult of Church Matters, and to examine and inftruct the Clergy. Prov. L. 1.

T. 10.

In former Ages, the Rural Deans did likewife hold their Chapters, which confifted of the Incumbents, and other Clergy within their feveral Diftricts, every three Weeks; and had likewife their principal Chapters once in three Months. See Lynd. in Gloff. on Tit. Quia In

continentia.

CHA P. XVII.

Of Vifitations and Procurations.

Before the Conqueft, it does not appear, that there were in England any Vifitors but the Bishops, who were obliged annually to go about their Diocefes, to enquire after and correct Mif carriages: And this was lefs difficult, when the