7. In the province of Canterbury there are only two proctors returned for each diocefe: in thofe diocefes where there are several archdeaconries, two are nominated by the clergy of each archdeaconry; and out of these, two are chofen to serve as proctors for the whole diocefe. But in the province of York, two proctors are fent to convocation for every archdeaconry; otherwife the number would be fo fmall, as fcarce to deserve the name of a provincial fynod. By this means it comes to pafs, that the parochial clergy have as great an intereft in convocation there, as the cathedral clergy. Whereas in the province of Canterbury, the lower houfe of convocation confifteth of twenty-two deans (taking in Weftminster and Windfor), twenty-four proctors of the chapters, fifty-three archdeacons, in the whole ninety-nine of the cathedral clergy; and there are but at the fame time forty-four proctors for the parochial clergy. Johnf. 150. Wake 34.

8. Anciently the lower clergy fat in the fame, house with the bishops; and in the province of York, the bifhops and other clergy do fit in the fame house still. Johns. 149.

But in the province of Canterbury (as hath been faid), they confift of two houfes; the upper houfe, where the archbishop and bishops fit; and the lower house, where the reft do fit. 4 Inft. 322.

And as there are two houfes of convocation, fo there are two prolocutors, one of the bifhops of the higher house, chofen by that houfe: another of the lower houfe, and prefented to the bishops, for their prolocutor. 4 Inft. 323.

9. By the ftatute of 8 Hen. 6. c. 1. Because the preLates and clergy of the realm called to the convocation, and their fervants and familiars that come with them to fuch convocation, oftentimes be arrested, molested, and inquieted; our lord the king, willing to provide for the fecurity and quietness of the faid prelates and clergy, at the fupplication of the fame prelates and clergy, and by the affent of the great men and commons of the realm, bath ordained and established, that all the clergy hereafter to be called to the convocation by the king's writ, and their fervants and familiars, fbill for ever hereafter fully use and enjoy fuch liberty or defence in coming, tarrying, and returning, as the great men and commonalty of the realm, called or to be called to the king's parliament, do enjoy, and were wont to enjoy, or in time to come ought to enjoy.

And

And in the journals of the house of lords, we find feveral applications to their lordships for redress in cafes where this liberty of the convocation clergy hath been invaded; which their lordships have accordingly granted. Gibf. 931.

10. In convocation, those who are abfent, by leave or Proxies connivance, are allowed to vote by proxy; and the bishops who hold leffer dignities in commendam, can conftitute any person that is member of the lower houfe to vote there as their proxy, for fuch deanries or archdeaconries as they hold by commendam. Johnl. 142.

11. Can. 139. Whofoever fhall affirm, that the facred General power. fynod of this nation in the name of Chrift, and by the king's authority affembled, is not the true church of England by reprefentation; let him be excommunicated, and not reftored until he repent and publickly revoke that his wicked error.

Can. 140. Whofoever fhall affirm, that no manner of perfon, either of the clergy or laity, not being themselves particularly affembled in the faid facred fynod, are to be fubject to the decrees thereof in caufes ecclefiaftical (made and ratified by the king's fupreme authority) as not having given their voices unto them; let him be excommunicated, and not reftored until he repent and publickly revoke that bis wicked error.

Can 141. Whofoever fhall affirm, that the facred fynod affembled as aforefaid, was a company of fuch perfons as did confpire together against godly and religious profeffors of the gofpel, and that therefore both they and their proceedings, in making of canons and conftitutions in caufes ecclefiaftical by the king's authority as aforefaid, ought to be defpifed and contemned, the fame being ratified confirmed and injoined by the faid regal power fupremacy and authority; let them be excommunicated, and not restored until they repent and publickly revoke that their wicked error.

12. Lord Coke fays, a convocation may make confti- No power to tutions, by which thofe of the spiritualty thall be bound, bind the tempo. raity. for this, that they all, either by reprefentation or in perfon, are prefent; but not the temporalty. 12 Co. 73.

And in the cafe of Matthews and Burdett, H. Ann. In the primitive church, the laity were prefent at all fynods. When the empire became chriftian, no canon was made without the emperor's confent. The emperor's confent included that of the people; he having in himself the whole legislative power, which our kings have not.

Theo

Nor against the

Therefore if the king and clergy make a canon, it binds the clergy in re ecclefiaftica, but it doth not bind laymen; they are not reprefented in convocation, their confent being neither given nor afked. 2 Salk. 412.

And in Cox's cafe, M. 1700. By Wright lord keeper: The canons of a convocation do not bind the laity without an act of parliament. 1 Peere W. 32.

And finally, in the cafe of Middleton and Croft, M. 10 Ges. 2. it was determined by the unanimous refolution of the court of king's bench, that fuch canons do not proprio vigore bind the laity. Str. 1056.

13. The convocation can do nothing against the law of law of the land. the land; for no part of the law, be it common law, or ftatute law, can be abrogated or altered without act of parliament. 12 Co. 73.

Appeal to the convocation.

Continuance.

Their decline.

And by the ftatute of 25 H. 8. c. 19. it is provided, that no canons, conftitutions, or ordinances fhall be made or put in execution within this realm, by authority of the convocation of the clergy, which fhall be contrariant or repugnant to the king's prerogative royal, or the customs, laws, or ftatutes of this realm (b).

14. By the 24 H. 8. c. 12. (concerning appeals) it is enacted, that in all caufes teftamentary, matrimonial, or of tithes, depending in the ecclefiaftical courts, which fhall touch the king, the party grieved may appeal to the upper house of convocation being then convocate by the king's writ, or next enfuing, within the province; to that fuch appeal be taken by the party grieved within fifteen days next after judgment given: and that determination fhall be final, fo as that the matter fo determined fhall never after come in question and debate, to be examined in any other court.

15. The convocation ufually continueth during the time of parliament; but as Dr. Warner obferves the parliament and convocation are feparate bodies, independent on one another, and called togethe. by different writs; and therefore the diffolution of the parliament doth not neceffarily, or in any refpect, diffolve the convocation; fo that they may continue to fit longer than the parliament if the king pleafes. 2 Warn. 535.

16. Finally, the clergy having continued to tax themfelves in convocation as aforefaid, thefe affemblies were

(b) This ftatute was declaratory of the old common law. 12 Rep. 72. 1 Bl. Com. 279.

regularly

regularly kept up till the act of the 13 C. 2. c. 4. was paffed, when the clergy gave their laft fubfidy; it being then judged more advantageous to continue the taxing them by way of a land tax and poll tax, as it had been in the time of the long parliament during the civil wars. Gilb. Exch. 56.

And in the year 1664, by a private agreement between Sheldon archbishop and the lord chancellor Clarendon and other the king's minifters, it was concluded, that the clergy fhould filently wave the privilege of taxing their own body, and permit themfelves to be included in the money bills prepared by the commons. And this hath made convocations unneceffary to the crown, and inconfiderable in themselves. 2 Warn. 611, 612.

And fince that time the clergy have been allowed to vote in chufing knights of the fhire, as other freeholders, which in former times they did not. Johns. 150.

And from that time the convocation hath never paffed any fynodical act; and from thenceforth until the year 1700, for the most part they were only called, and very rarely did fo much as meet together in a full body, and with the ufual folemnity. It is true that during the remainder of king Charles the fecond's reign, when the office of prolocutor was void by death or promotion, fo many of the lower houfe came together as were thought fufficient to chufe a new one; and thofe members that were about the town commonly met, during parliament, once a week, had prayers read, and were formally continued till the parliament was diffolved, and the convocation together with it. And in king James the fecond's time, the writs iffued out of course, but the members did not meet. In the year 1689, after the acceffion of king William and queen Mary to the throne, a convoeation was not only called, but began to fit in due form; but their refolutions came to nothing. And from thence till the year 1700, they were only called, but did not meet: but in that year, and ever fince, at the meeting of the parliament, the convocation of the clergy hath like wife been folemnly opened, and the lower clergy have been permitted to form themselves into a house, and to chu'e their prolocutor; nor have they been finally dif miffed fo foon as that folemnity was over, but continued from time to time, till the parliament hath broke up or been diffolved. And now it feems to be agreed, that they are of right to be affembled concurrently with parliaments, and may act and proceed as provincial councils,

when

when his majefty in his royal wisdom fhall judge it expedient. Johnf. 141, 2, 3.

Cope.

COP OPE fignifieth in general a canopy, or vaulted covering; and from thence feemeth to have been transferred to denote that veftment of the priests, which covereth the back and shoulders.

Corody.

A Corody is an allowance of meat, bread, drink, money, cloathing, lodging, and fuch like neceffaries for fuftenance. Terms of the law.

It is fometimes certain, where the certainty of things is fet down; fometimes uncertain, where the certainty is not fet down.

Id.

Some corodies began by grant made by one man to another; and fome are of common right, as every founder of abbies or religious houfes had authority to affign fuch in the faid houses for fuch perfons as he should appoint. Id.

Corodies are turned into penfions and money at this day. Wood, b. 2. c. 2.

Corfe prefent. See Portuary.
Council. See Synod.

Courts.

THIS title treateth only of the jurifdiction of the ecclefiaftical courts in general; the law concerning

the feveral particulars, is inferted under the refpective

titles: