Page:Prerogatives of the Crown.djvu/72

 52 Head of the Church. / [Ch.V. promised in verho sacerdotii that they will never from hence- forth presume to attempt, alledge, claim, or put in use, enact, promulge, or execute any new canons, constitutions, ordinan- ces provincial, or by whatsoever name they shall be called in the convocation, unless the King's most royal assent and licence may to them be had, to make, promulge, and execute the same; and that his Majesty do give his most royal assent and authority in that behalf;) it is enacted, according to the said submission, that they nor any of them shall presume to attempt, alledge, claim, or put in use any constitutions or ordinances provincial, by whatsoever name or names they may be called, in their Convocations in time coming (which always shall be assembled by authority of the King's writ) ; unless the same clergy may have the King's most royal assent and licence to make, promulge, and execute such canons, constitutions, and ordinances, provincial or synodal, upon pain of every one of the said clergy doing contrary to this act, and being thereof convict, to suffer imprisonment and make fine at the King's will." Upon which statute it is ob- servable, 1st, That a Convocation cannot assemble without the King's consent. 2dly, That after their assembly they cannot confer to constitute any canons without his licence. And Sdly, That their canons are imperfect, and cannot be executed with- out the royal assent {a) ; and that no other assent is requisite {b). The Convocations (for there are two, one for the arch- bishoprick of Canterbury, and another for the archbishoprick of York) are usually assembled at the meeting of every new Parliament; and when assembled, are under the power and authority of the King (c), and are liable to be prorogued,, restrained, regulated and dissolved by his Majesty ; a pre- rogative which was inherent in the Crown long before the time of Hen. 8. as appears by the statute 8 Hen. 6. c. 1. and the many authors, both lawyers and historians, vouched by Sir Edward Coke {d). Their jurisdiction is confined to matters of heresy, schisms, and other mere spiritual and ecclesiastical causes. They cannot interfere with any matters relating to the laws of the land, and their canons are void, though (a) 12 Co. 72. Convocations in the {b) Stra. 1057. Plantations, 1 Chalnaers' Coll. of Op. (c) Year Book, 25 E. 4, 45, 6. 12. Consequence of holding without d) 4Inst. 322, 3. Wood's Inst. 500. the royal licence. Ibid. ^ 1 Bla. Com. 279. assented