Reasons for passing this Act.
Peeras and Members of the House of Commons not to sit or vote until they have taken the Oaths of Allegiance and Supremacy, and subscribed and repeated the Declaration following.
Forasmuch as diverse good Lawes have beene made for preventing the Increase and Danger of Popery in
this Kingdome, which have not had the desired Effects by reason of the free accesse which Popish Recusants
have had to his Majestyes Court and by reason of the liberty which of late some of the Recusants have had and
taken to sitt and vote in Parliament. Wherefore and for the Safety of His Majestyes Royall Person and Government
Bee it enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall
and Temporall and of the Commons in this present Parlyament assembled and by the Authoritie of the same That
from and after the First Day of December which shall be in the yeare of our Lord God One thousand six
hundred seaventy and eight noe Person that now is or hereafter shall be a Peere of this Realme or Member of the
House of Peeres shall vote or make his Proxie in the House of Peeres or sitt there dureing any Debate in the
said House of Peeres, Nor any person that now is or hereafter shall be a Member of the House of Commons
shall vote in the House of Commons or sitt there dureing any Debate in the said House of Commons after their
Speaker is chosen untill such Peere or Member shall from time to time respectively and in manner following
first take the severall Oathes of Allegiance and Supremacy and make subscribe and audibly repeate this Declaration
IA: B: doe solemnely and sincerely in the presence of God professe testifie and declare That I doe believe
that in the Sacrament of the Lords Supper there is not any Transubtantiation of the Elements of Bread and
Wine into the Body and Blood of Christ at or after the Consecration thereof by any person whatsoever; And
that the Invocation or Adoration of the Virgin Mary or any other Saint, and the Sacrifice of the Masse as they
are now used in the Church of Rome are superstitious and idolatrous, And I doe solemnely in the presence
of God professe testifie and declare That I doe make this Declaration and every part thereof in the plaine and
ordinary sence of the Words read unto me as they are commonly understood by English Protestants without any
Evasion, Equivocation or Mentall Reservation whatsoever and without any Dispensation already granted me for this
purpose by the Pope or any other Authority or Person whatsoever or without any hope of any such Dispensation
from any person or authority whatsoever or without thinking that I am or can be acquitted before God or Man
or: absolved of this Declaration or any part thereof although the Pope or any other. Person or Persons or Power
whatsoever should dispence with or annull the same, or declare that it was null and void from the begining.
The said Oaths and Declaration to be made in this and every succeeding Parliament, at the Hours and in the Manner herein mentioned.
Which said Oathes and Declaration shall be in this and every succeeding Parlyament solemnely and publiquely
made and subscribed betwixt the Houres of Nine in the Morning and Fower in the Afternoone by every such
Peere and Member of the House of Peeres at the Table in the midle of the said House before he take his Place
in the said House of Peeres and whilst a full House of Peeres is there with their Speaker in his Place, and by
every such Member of the House of Commons at the Table in the midle of the said House and whilst a full
House of Commons is there duely sitting with their Speaker in his Chaire, and that the same be done in either
House in such like order or method as each House is called over by respectively.
II. Peers and Members, of the House of Commons not having taken the said Oaths, &c. and all Popish Recusants Convict, coming into the Presence of the King or Queen, &c.
And bee it further enacted That from and after the said First day of December every Peere of this Realme
and Member of the House of Peeres, and every Peere of the Kingdome of Scotland or of the Kingdome of
Ireland being of the Age of One and twenty yeares or upwards not haveing taken the said Oathes and made
and subscribed the said Declaration, and every Member of the said House of Co[m]mons not haveing as aforesaid
taken the said Oathes and made and subscribed the said Declaration, and every Person now or hereafter convicted
of Popish Recusancy who hereafter shall at any time after the said First day of December come, advisedly
into or remaine in the presence of the Kings Majestie or Queens Majestie or shall come into the Court or
House where they or any of them reside as well dureing the Raigne of His present Majestie (whose Life God
long preserve) as dureing the Raigns of any His Royall Successors Kings or Queens of England shall incurr
and suffer all the paines, penalties forfeitures and disabilities in this Act mentioned or contained, unlesse such
Peere Member or Person soe convicted doe respectively in the next Terme after such his comeing or remaining
take the said Oathes and make and subscribe the said Declaration in His Majestyes High Court of Chauncery
betweene the houres of Nine and Twelve in the Forenoone.
III. Peer or Member offending adjudged a Popish Recusant Convict.
Forfeiture as such, and Disability; and Penalty, £500.
And bee it further enacted by the Authoritie aforesaid That if any Person that now is or hereafter shall be a
Peere of this Realme or Member of the House of Peeres or Member of the House of Commons shall presume
to doe any thing contrary to this Act or shall offend in any of the Cases aforesaid That then every such Peere
and Member soe offending shall from thenceforth bee deemed and adjudged a Popish Recusant Convict to all intents
and purposes whatsoever and shall forfeite and suffer as a Popish Recusant Convict and shall be disabled to hold
or execute any Office or Place of Proffitt or Trust Civill or Military in any of His Majestyes Realmes of England
or Ireland Dominion of Wales or Towne of Berwicke upon Tweede or in any of His Majestyes Islands or Forreigne
Plantations to the said Realmes belonging and shall be disabled from thenceforth to sitt or vote in either House
of Parlyament or make a Proxy in the House of Peeres or to sue or use any Action Bill Plaint or Information
in course of Law or to prosecute any Suite in any Court of Equity or to be Guardian of any Childe or Executor
or Administrator of any person or capeable of any Legacie or Deed of Gift and shall forfeite for every wilfull
Offence against this Act the summe of Five hundred pounds to be recovered and received by him or them that
shall sue for the same, and to be prosecuted by any Action of Debt Suite Bill Plaint or Information in any of
His Majestyes Courts at Westminster where noe Essoigne Protection or Wager of Law shall lye.
IV. House of Peers and House of Commons may cause their Members to take the Oaths and subscribe the said Declaration openly in the House.
Peer sitting, &c. without taking the said Oaths, &c. disabled from voting during that Parliament. ; The like as to Members of the House of Commons.
And bee it further enacted by the Authority aforesaid That from the said First day of December it shall and
may be lawfull to and for the House of Peeres and House of Commons or either of them respectively as often
as they or either of them shall see occasion either in this present Parlyament or any other hereafter to be holden
to order and cause all or any of the Members of their respective Houses of Parlyament openly in their respective
Houses of Parlyament to take the said Oathes and to make and subscribe the said Declaration at such times and
in such manner as they shall appoint. And if any Peere shall contrary to such Order made by their said House
wilfully presume to sitt therein without takeing the said Oathes and subscribing the said Declaration according
to the said Order, Every such Peere or Member of the House of Peeres soe presumeing to sitt shall be adjudged
and is hereby declared to be uncapeable and disabled in Law to all intents and purposes whatsoever to sitt in
the said House of Peeres and give any Voice therein either by Proxie or otherwise howsoever dureing that
Parlyament. And if any Member or Members of the House of Commons shall contrary to such Order made by
their House wilfully presume to sitt therein without takeing the said Oathes and makeing and subscribeing the
said Declaration Every such Member or Members of the House of Commons soe presumeing to sitt shall be
adjudged and is hereby declared to be uncapeable and disabled in Law to all intents and purposes whatsoever to
sitt in the said House of Commons or give any Voice therein dureing that Parlyament.
V. Members of the House of Commons being so disabled, their Seate void without further Conviction.
And bee it enacted That in every case where any Member or Members of the House of Commons shall by
vertue of this Act be disabled to sitt or vote in the House of Commons Then and in every such Case without
any further Conviction or other Proceeding against such Members or Members the Place or Places for which they
or any of them were elected is hereby declared void, and a new Writt or Writts shall issue out of the High
Court of Chauncery by Warrant or Warrants from the Speaker of the House of Commons for the time being and
by Order of the said House for the Election of a new Member or Members to server in the House of Commons
in the Place or Places of such Member or Members soe disabled to all intents and purposes as if such Member
or Members were naturally dead.
VI. Sworn Servants to the King and Queen not having taken the Oaths and subscribed the Declaration of 25 Car. II. c.2. to take the said Oaths and subscribe the said Declaration at the times and in manner herein mentioned.
Refusing, & c. and yet coming into the Pertence; Disability, &c.
And bee it further enacted by the Authoritie aforesaid That from and after the First day of December One
thousand six hundred seaventy and eight every Person then being and who after that time shall be a sworne
Servant to the Kings or Queens Majestie not haveing before that time duely taken the Oathes and made and
subscribed the Declaration contained in an Act entituled An Act for pp[re]venting Dangers which may happen from
Popish Recusants shall take the said Oathes and make and subscribe the Declaration before expressed in His
Majestyes High Court of Chauncery in the manner aforesaid either in the next Terme after the said First day
of December or in the next Terme after any such person shall be soe sworne a Servant, or in case of lawfull
impediment by Sicknes proved upon Oath and allowed to be such under the Hand of the Lord Chancellor or
Lord Keeper for the time being then in the next Terme after such Impediment removed, And if any such Person
shall refuse or neglect to doe the, same, and yet after such refusall or neglect shall advisedly come into or remaine
in the presence of the Kings or Queens Majestie or shall come into the Court or House where they or any
of them reside as well dureing the Raigne of His pp[re]sent Majestie as dureing the Raigns of His and their Royall
Successors Kings or Queens of England and every of them, Every such Person shall be disabled to hold any
Place as such sworne Servant and shall incurr and suffer all the Paines Penalties Forfeitures and Disabilities in
this Act mentioned or contained.
VII. Proviso for Natives of Portugal, being sworn Servants to the Queen.
Provided That nothing in this Act shall relate to or have any effect upon any person being a Naturall borne
Subject of the King of Portugall who now is or hereafter shall be a sworne Servant to the Queens Majestie [not
exceeding Nine in number at any one time, nor to such Women Servants as her Majestie shall under her Hand
and Seale from time to time for that purpose be pleased to nominate the said Women Servants soe nominated
not exceeding the number of Nine at any one time. (fn. 1) ]
VIII. During the taking Oaths and subcribing Declaration, all Proceedings in Courts and Parliament to cease.
Schedule of Oaths taken, Names, &c. to be filed in Rolls by the Clerks of both Houses, &c. Fee.; The said Rolls may be inspected.; Houses of Peers and Commons, and Court of Chancery, to administer Oaths and Declaration.
And bee it enacted That dureing the time of takeing of the said Oathes and makeing and subscribeing the said
Declaration all other Matters and Proceedings as well in the said Houses of Parlyament as in the said Court
shall cease, And the said Oathes Declaration and Subscription together with a Schedule of the Names of the
persons who shall by vertue of this Act take and subscribe the same shall be made entred and filed in Parchment
Rolls from time to time duely provided for that purpose by the Clerke of the House of Lords and the Clerke
of the House of Commons and by the Clerke of the Petty Bag in Chauncery for the severall and respective uses
as aforesaid, and none of the Peeres or Members shall give or pay any Fee or Reward to any such Clerke above
the summe of Twelve pence for the Entry of his takeing the said Oathes and makeing and subscribeing the said
Declaration. All which Rolls respectively the said Clerks are hereby required from time to time without any
Fee or Reward to shew to any person desireing to looke upon the same. And the said House of Peeres and
House of Commons and Court of Chauncery are hereby severally impowered and required in the first place all
other Busines laid aside to administer the said Oathes Declaration and Subscription respectively as occasion shall
be from time to time to all and every the person and persons aforesaid duly demanding the same according to the
directions purport and meaning of this present Act.
IX. Proviso for Persons coming into the Presence of the King or Queen, having Licence as herein mentioned.
Licence to-be filed and viewed without Fee.
Provided alwayes That this Act nor any thing herein contained shall extend to the prejudice of any person
for comeing into or remaining in the presence of the King or Queens Majestie who shall first have Licence soe to
doe by any Warrant under the Hands and Seales of Six or more Privy Councellors by Order of His Majestyes
Privy Councill upon some urgent occasion therein to be expressed soe as such License exceede not the space of
Ten dayes and that the said License be first filed and putt upon Record in the Office of the Petty-bag in Chauncery
for any body to view without Fee or Reward, and noe person be licensed for above the number of Thirty dayes
in any one yeare.
X. Offender taking Oaths and subscribing Declaration, discharged from Penalties.; but not to restore such Person to any Office filled upon Voidance by this Act, &c. nor to discharge the said Penalty of £500.
Provided neverthelesse That if any Offender contrary to this Act shall at any time after such Offence take
the said Oathes and make and subscribe the said Declaration in his Majestyes High Court of Chauncery and in
the manner aforesaid Every such person shall be from thenceforth freed and discharged of and from all Seizures
Penaltyes and Losses which he might otherwise sustaine or beare for or by reason of being a Popish Recusant
Convict by vertue of this Act, and shall bee freed and discharged from all Disabilityes and Incapacityes incurred
thereby soe as such Freedome and Discharge extend not to restore any such person to any Office or Place filled
and supplyed upon voidance by this Act, not to any other Office till after the expitation of One yeare from
the takeing the said Oath and makeing the Declaration aforesaid, nor to make void or at any time discharge the
said Forfeiture of Five hundred pounds incurred as aforesaid.
XI. Proviso for the Duke of York.
[Provided alwayes That nothing in this Act contained shall extend to His Royall Highnesse the Duke of
Yorke. (fn. 2) ]