"2dly. That the clergy of the lower house of Convocation may be admitted to sit in Parliament with the House of Commons according to antient usage."
In support of this, the clause Præmunientes in the writ directing the elections of Proctors was appealed to. This "Præmunitory Clause," which at a later period of the history of Convocation was the cause of much discussion, ran thus:—
"The Bishop was commanded to 'give notice to the (Prior or) Dean and Chapter of his Cathedral Church, and to the Archdeacons and all the clergy of his diocese, that the Prior, Deans, and Archdeacons, in their own persons, the chapter by one, and the clergy by two, proper proxies, sufficiently empowered by the said chapter and clergy, should by all means be present at the Parliament with him to do and to consent to those things, which, by the blessing of GOD, by their common advice happened to be ordained in the matters aforesaid, and that the giving this notice should by no means be omitted by him.'"
"The clergy thus summoned to Parliament by the King and Diocesan, met for the choice of their proxies; for this purpose the Dean or Prior held his chapter, and the Archdeacon his synod. The representatives being chosen in these assemblies were sent up to Parliament, with procuratorial letters from the chapter and clergy to give them an authority to act in their names, and on the behalf of their electors."—Collier's Eccles. Hist., Part II. book iv.
Also—
"All the members of both Houses of Convocation have the same privileges for themselves and their servants as the members of parliament have, and that by statute."—Chamberlayn's Mag. Brit. Notitia, p. 94.
It may be reasonably doubted, whether a little research would not afford further reasons for thinking that there was some ground for applying the phrase "assembled in Parliament" to Convocation.
With respect to the Convocations sitting at Westminster. The first Convocation of 1283 sat "at the New Temple;" the next was summoned on St. Matthew's day, 1294, to meet at Westminster. On April 22, 1523, a National Synod of both Convocations was held at Westminster by Cardinal Wolsey, the Papal Legate. The Convocation sat at Lambeth in 1555 and 1558. In 1586 and 1588, we find Convocation often sitting at Westminster. In 1624 the Upper House sat at Christ Church, Oxford, and the Lower at Merton College. On May 16, 1661, the Convocation met in "the Collegiate Church at Westminster." The first Convocation of William III. had its amended commission brought to it on the 4th of December, while both Houses were sitting together in Henry VII.'s Chapel. The last Convocation of the same king met on the 10th of February, 1701, at St. Paul's, where they heard divine service, and then went to the chapter-house, where they chose for their prolocutor Dr. Hooper. On the 25th of February, the Lower House was sitting in Henry VII.'s Chapel; and on the 6th of March they were both sitting in the Jerusalem Chamber: where twice in this present year it has sat. It is true that the writ which summoned James I.'s first Convocation called the clergy to appear before the archbishop "in our cathedral church of St. Paul in London, the twentieth day of March then next ensuing, or elsewhere, as he should have thought it most convenient;" and it seems that they did assemble "at the time and place before-mentioned;" yet, supposing they were not at Westminster then, they were in almost equal danger from the Popish Plot, as it is not likely they would have received any greater mercy at the hands of the conspirators.
I have always imagined that it was still a moot-point as to whether all the Estates ever deliberated together in the presence of the sovereign. It is not generally known, I think, that they all re-assemble for the formal passing of every act: and with respect to the authority of all three being recited in the preamble, I beg to point out to CANON. EBOR. the following exceptions:—In the Act of Uniformity, the style of "Lords Spiritual" is omitted throughout, as every one of the bishops voted against it. It has also been ruled by the judges that the King may hold a parliament without any Spiritual lords; and, in fact, the first two parliaments of Charles II. were so holden.
I will presume CANON. EBOR. intended to say that Prelates do not sit in the Upper House as Peers, otherwise the charge of "mistake" will fall upon Blackstone, Comm. book i. ch. 2.: