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.
And again, in a proclamation of the 35 Henry VIII.:—
"The Nobles and Commons both Spirituall and Temporall, assembled in our Court of Parliament, have, upon good, lawful, and virtuous grounds," &c.
And "Direction to Justices of Peace," by the same King:—
"Henry R.
"Trusty and right well-beloved,—We grete you well ... and also by the deliberate advice, consultation, consent, and agreement, as well of the Bishops and Clergie as by the Nobles and Commons Temporal of this our Realme assembled in our High Courte of Parliament, and by authoritie of the same, the abuses of the Bishop of Rome, ... but also the same our Nobles and Commons bothe of the Clergie and Temporaltie, by another several acte," &c.—Weever's Fun. Mon., p. 83., quoted by Atterbury.