Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Vestrymen in Parishes, &c. where Select Vestries are used on or before Sept. 29 next, and all Persons hereafter elected within One Month after Election, before Ordinary, &c. to make and subscribe the Declaration of 14(13 & 14) C. II. c. 4.
For prevention of the evills which may arise from Vestry men not conforming to the Government and Discipline of the Church of England as it now is by Law established Be it enacted by the Kings most Excellent Majestic by the Advice and with the Consent of the Lords Spirituall and Temporall and of the Commons in. this present Parliament assembled That all and every person who now is a Vestry man or member of any Vestry within any Parish in the Cittyes of London and Westminster Borough of Southwarke and weekely Bills of Mortality and in all other Cittyes Boroughes and Townes Corporate where Select Vestryes are used in the Kingdome of England on or before the Nine and twentyeth day of September next, And all and every person who at any time hereafter shall be elected to be a Vestry man or member of any Vestry within any Parish in any the places aforesaid within one, moneth after such his Election shall before the respective Archbishop Bishop or Ordinary Viccar Generall or Chauncellour of the Diocesse make and subscribe the Declaration and Acknowledgement enjoyned in the late wholsome good Act Entituled (An Act for the Uniformity of Publique Prayers and Administration of Sacraments and other Rites and Ceremonies and for establishing the Forme of makeing ordaining and consecrating Bishops Preists and Deacons in the Church of England). in these words following
I A B doe declare That it is not lawfull upon any pretence whatsoever to take Armes against the King and that I doe abhor that Trayterous Position of takeing Armes by His Authoritie against His Person or against those that are commissioned by Him, And that I will conforme to the Liturgy of the Church of England as it is now by Law established, And I doe declare That I doe hold there lyes noe Obligation upon me or on any other person from the Oath commonly called The Solemne League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in itselfe an unlawfull Oath and imposed upon the Subjects of this Realme against the knowne Lawes and Liberties of this Kingdome,
Neglecting, &c. Deprived; and Persons having Right of Election to proceed to a new Election; Persons thereupon elected neglecting or refusing to make and subscribe the said Declaration, or such new Election not being had within one Month, Ordinary may nominate Vestryman.
And that all and every such person who shall negclect or refuse to doe the same within the respective times aforesaid shall (ipso facto) be deprived of such his place of Vestry man and of being a Member of such Vestry to all intents and purposes and such place shall be actually void as if such person were naturally dead, Any Usage or Custome to the contrary notwithstanding, And that from and after such negclect or refusall it shall be lawfull for all persons who shall have right of Election or nomination of such Vestry man or member of such Vestry to proceede to election or nomination of some other discreete person of the respective Parish in the roome of such person soe negclecting or refuseing as aforesaid, And if such person soe to be elected in the roome of such person soe negclecting or refuseing as aforesaid shall alsoe negclect or refuse to make and subscribe the said Declaration and Acknowledgement in manner and time aforesaid whereby such place shall againe become void, or if such persons who shall have right of Election or nomination as aforesaid shall not proceed to Election within one moneth after such Vacancy then it shall be lawfull to and for the respective Archbishop Bishop or Ordinary of the Diocesse under his Hand and Seale to elect and nominate a discreete person of the respective Parish in such vacant roome, which person soe to be elected and nominated after his makeing and subscription in manner and time aforesaid shall be, and shall to all intents and purposes be reputed deemed and taken to be a Vestry man or member of such Vestry in like manner as if he had beene chosen by the respective Electors Any Law Custome or Usage to the contrary notwithstanding,
II. Ordinary to grant Certificate of Subscription.
And be it enacted by the Authoritie aforesaid That the respective Archbishop Bishop or Ordinary Vicar-Generall or Chauncellour of the Diocesse shall upon request to him made by any Vestry man soe makeing and subscribeing the said Declaration and Acknowledgement aforesaid deliver a Certificate of his soe doeing for which noe Fee shall be paid
III. Act not to give new Power or confirm any usurped Power of Vestrymen.
Provided alwayes That noething in this Act shall be construed to give any new Power to any Select Vestry man or to confirme any usurped Power heretofore exercised by any Select Vestry man which before the makeing of this Act is not warranted by the Law of the Land.