5. Ordains that no more than two or three persons shall take a child out of the sacred font; that a child found exposed shall be baptized, whether it be found with salt or without, for that cannot be said to be iterated which was not known to have been done before.
II. Was held about the year 1363, by John Thorsby, archbishop of York. Five fresh constitutions were published, and seven constitutions published by archbishop Zouche. in a provincial synod held at Thorp, in 1347.
1. Forbids to hold markets, pleadings, etc., in churches, churchyards, and other holy places, on the Lord's day, or other holy days.
2. Forbids the performance of plays and vanities in churches on vigils.
3. Relates to the salaries to be assigned to stipendiary priests and chaplains, and renews a constitution made by William Greenfield, archbishop of York, which assigns a salary of not less than five marks. Also renews the seven constitutions made by archbishop Zouche, at Throrp, in 1347, viz.
1. Relating to the stipends to be assigned to assisting priests, etc.
2. Concerning the overlaying of children.
3. Concerning the obstruction offered by tithe payers to those who take it, and declares that some hindered the tithe-owner from carrying it by the accustomable way, and compelled him to take it by intricate and roundabout paths; others forbade him to carry it until all their own corn was carried, and maliciously permitted the tithe to be trampled upon and destroyed.
4. Forbids to give away property at death to the injury of the Church's rights, and those of the king's relations, etc.
5. Forbids priests to wear ridiculous clothes, and to seek glory from their shoes; declares that many priests did, "out of an affection to show to come down to the knees.
6. Relates to the trying of matrimonial causes.
7. Forbids clandestine marriages, and orders that the banns be published on three several solemn days.
4. States how the above statute was in some particulars modified in another provincial council.
5. Specifies for the guidance of rectors, vicars, and other confessors, thirty- seven cases, which were to be reserved, either for the judgment of the archbishop, and his penitentiary, or for that of the pope; and orders that, in each of these cases, the offender shall be sent to the archbishop or his penitentiary, unless he be in danger of death, with letters granted to him free of cost, explaining his case. See Johnson, Eccl. Canonis, 11:2482.
III. Was held in 1444, by John Kemp, archbishop of York, and cardinal of Balbina, in a provincial synod. Two constitutions were published.
1. Is with little variation the same with the fifth constitution of Merton, A.D. 1305.
2. Lays certain restrictions upon the sale of trees, woodlands, etc., and upon the granting of rights, rents, pensions, etc., by abbots, priors, and other administrators of Church goods. See Johnson, Eccl. Canons.
IV. Was held April 26, 1466, in the metropolitan church of York, by George Neville, archbishop. From various causes connected with the state and liberty of the Church, it was assembled without a royal brief. Eleven constitutions were published..
1. Is the same with the ninth constitution of Lambeth, A.D. 1281.
2. Is the same with the fifth constitution of London, A.D. 1343.
3. Is the same with the ninth constitution of London, A.D. 1343.
4 and
5. Are the same with the twelfth constitution of London, A.D. 1343, mutatis mutandis, against the obstructers of ecclesiastical process.
6. Is the same with the last constitution of London, A.D. 1343. of Lateran, in 1215, had, with extreme impudence, granted indulgences to the people of their own will, had dispensed with vows, absolved for murders; had, for a sum of money, relaxed a third and fourth part of the penance enjoined, had falsely affirmed that they had drawn out of purgatory three or more souls of the parents or friends of those who had given them alms, and conveyed them to the joys of paradise; that they had, moreover, absolved such as had been excommunicated by the ecclesiastical judges, buried suicides in the churchyards, and done in sorts of like abominations. Orders, in consequence, that the decrees of Lateran and Vienne (A.D. 1312), which restricted the operations of the quaestors, be rigidly enforced, and subjects to a fine of forty shillings any rector, vicar, etc., who shall admit any such quiestotor to preach contrary to the form prescribed. The fine to be applied to the fabric of the cathedral church of York.
8. Declares parishioners who attend a chapel of ease instead of their parish church, and contribute to the repair of it, shall nevertheless be bound to contribute to the fabric of the mother Church, and to support the other burdens thereof, at the discretion of the ordinary; and orders further, that if they refuse so to contribute, the said chapels shall be interdicted, and no service performed in them.
9. Forbids abbots, priors, and provosts to permit any of the religious belonging to their several houses to dwell alone out of the verge of their monasteries, in their manors, or churches, under penalty of paying forty shillings towards the fabric of York Minster. The religions vaganbond himself to be deemed an apostate.
10. Forbids, under pain of excommunication, any ecclesiastical or secular person to arrest, cite, fire out, or cause to be arrested, cited,. or forced out, any man that is in church, during the celebration of the divine offices.
11. Is the same with the fifth constitution of Merton, A.D. 1305, except that no mention is made of the tithe of wine, whereas it speaks of the tithe of coal where it is dug, and of the tithe of saffron.
After these constitutions follow the constitutions of archbishop Kemp, published in 1444, as given in the preceding council. See Johnson, Eccl. Canons 13:1423, Wilkins, Concil. 3:599.