FOraſmuch as divers good Laws have beén made for Preventing the Increaſe and Danger of Popery in this Kingdom, which have not had the deſired Effects, by reaſon of the freé acceſs which Popiſh Recuſants have had to His Majeſties Court, and by reaſon of the Liberty which of late ſome of the Recuſants have had and taken to Sit and Vote in Parliament:

Wherefore, and for the Safety of His Majeſties Royal Perſon and Government, Be it Enacted by the Kings moſt Excellent Majeſty, by and with the Advice and Conſent of the Lords Spiritual and Temporal, and of the Commons in this preſent Parliament Aſſembled, and by the Authority of the ſame, That from and after the Firſt day of December, which ſhall be in the year of our Lord God, One thouſand ſix hundred ſeventy and eight, no Perſon that now is, or hereafter ſhall be a Peér of this Realm, or Member of the Houſe of Peérs, ſhall Vote, or make his Proxy in the Houſe of Peérs, or Sit there during any Debate in the ſaid Houſe of Peérs; 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 Sit there during any Debate in the ſaid Houſe of Commons, after their Speaker is choſen, until ſuch Peér or Member ſhall from time to time reſpectively, and in manner following, firſt take the ſeveral Oaths of Allegiance and Supremacy, and make, ſubſcribe, and audibly repeat this Declaration following;

I A. B. do Solemnly and Sincerely in the preſence of God, Profeſs, Teſtifie, and Declare, That I do believe that in the Sacrament of the Lords Supper, there is not any Tranſubſtantiation of the Elements of Bread and Wine, into the Body and Bloud 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 Maſs, as they are now uſed in the Church of Rome, are Superſtitious and Idolatrous. And I do Solemnly in the preſence of God, Profeſs, Teſtifie, and Declare, That I do make this Declaration, and every part thereof, in the plain and ordinary ſence of the Words read unto me, as they are commonly underſtood by Engliſh Proteſtants, without any Evaſion, Equivocation, or Mental 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 Annul the ſame, or Declare that it was Null and Void from the beginning.

Which ſaid Oaths and Declaration ſhall be in this and every ſucceéding Parliament ſolemnly and publickly Made and Subſcribed betwixt the hours of Nine in the Morning and Four in the Afternoon, by every ſuch Peér and Member of the houſe of Peérs, at the Table in the middle of the ſaid Houſe, before he take his Place in the ſaid Houſe of Peérs, and whilſt a full Houſe of Peérs is there with their Speaker in his Place; and by every ſuch Member of the Houſe of Commons, at the Table in the middle of the ſaid Houſe, and whilſt a full Houſe of Commons is there duely Sitting with their Speaker in his Chair; and that the ſame be done in either Houſe in ſuch like order or method, as each Houſe is called over by reſpectively.

And be it further Enacted, That from and after the ſaid Firſt day of December, every Peér of this Realm, and Member of the Houſe of Peérs, and every Peér of the Kingdom of Scotland, or of the Kingdom of Ireland, being of the Age of One and twenty years or upwards, not having Taken the ſaid Oaths, and Made and Subſcribed the ſaid Declaration; and every Member of the ſaid Houſe of Commons, not having as aforeſaid Taken the ſaid Oaths, 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 remain in the preſence of the Kings Majeſty, or Queéns Majeſty, or ſhall come into the Court or Houſe where they or any of them reſide, as well during the Reign of His preſent Majeſty (whoſe Life God long preſerve) as during the Reigns of any His Royal Succeſſors Kings or Queéns of England, ſhall incur and ſuffer all the pains, penalties, forfeitures and diſabilities in this Act mentioned or contained, unleſs ſuch Peér, Member, or Perſon ſo Convicted, do reſpectively in the next Term after ſuch his coming or remaining, Take the ſaid Oaths, and Make and Subſcribe the ſaid Declaration in His Majeſties High Court of Chancery, betweén the hours of Nine and Twelve in the Forenoon.

And be it further Enacted by the Authority aforeſaid, That if any Perſon that now is, or hereafter ſhall be a Peér of this Realm, or Member of the Houſe of Peérs, or Member of the Houſe of Commons, ſhall preſume to do any thing contrary to this Act, or ſhall offend in any of the Caſes aforeſaid, That then every ſuch Peér and Member ſo offending, ſhall from thenceforth be deémed and adjudged a Popiſh Recuſant Convict to all intents and purpoſes whatſoever, and ſhall forfeit and ſuffer as a Popiſh Recuſant Convict, and ſhall be diſabled to hold or execute any Office or Place of Profit or Truſt, Civil or Military, in any of His Majeſties Realms of England or Ireland, Dominion of Wales, or Town of Berwick upon Tweed, or in any of His Majeſties Iſlands or Foreign Plantations to the ſaid Realms belonging; and ſhall be diſabled from thenceforth to Sit, or Vote in either Houſe of Parliament, or make a Proxy in the Houſe of Peers, or to Sue or Vſe any Action, Bill, Plaint or Information in courſe of Law, or to proſecute any Suit in any Court of Equity, or to be Guardian of any Child, or Executor, or Adminiſtrator of any perſon, or capable of any Legacy or Deéd of Gift; and ſhall forfeit for every wilful Offence againſt this Act, the ſum 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 Accion of Debt, Suit, Bill, Plaint or Information in any of His Majeſties Courts at Weſtminſter, where no Eſſoign, Protection, or Wager of Law ſhall lie.

And be it further Enacted by the Authority aforeſaid, That from the ſaid Firſt day of December, it ſhall and may be lawful to and for the Houſe of Peérs, and Houſe of Commons, or either of them reſpectively, as often as they or either of them ſhall ſeé occaſion, either in this preſent Parliament, or any other hereafter to be holden, to Order and Cauſe all, or any of the Members of their reſpective Houſes of Parliament, openly in their reſpective Houſes of Parliament, to Take the ſaid Oaths, and to Make and Subſcribe the ſaid Declaration at ſuch times, and in ſuch manner as they ſhall appoint. And if any Peér ſhall contrary to ſuch Order made by their ſaid Houſe, wilfully preſume to Sit therein, without Taking the ſaid Oaths, and Subſcribing the ſaid Declaration, according to the ſaid Order, Every ſuch Peér or Member of the Houſe of Peérs, ſo preſuming to Sit, ſhall be adjudged, and is hereby declared to be uncapable and diſabled in Law to all intents and purpoſes whatſoever, to Sit in the ſaid Houſe of Peers, and give any Voice therein, either by Proxy, or otherwiſe howſoever, during that Parliament. And if any Member or Members of the Houſe of Commons, ſhall contrary to ſuch Order made by their Houſe, wilfully preſume to Sit therein, without Taking the ſaid Oaths, and Making and Subſcribing the ſaid Declaration, Every ſuch Member or Members of the Houſe of Commons, ſo preſuming to Sit, ſhall be adjudged, and is hereby declared to be uncapable, and diſabled in Law, to all intents and purpoſes whatſoever, to Sit in the ſaid Houſe of Commons, or give any Voice therein during that Parliament.

And be it Enacted, That in every caſe where any Member or Members of the Houſe of Commons ſhall by virtue of this Act be diſabled to Sit or Vote in the Houſe of Commons, Then, and in every ſuch caſe, without any further Conviction, or other Proceeding againſt ſuch Member or Members, the Place or Places for which they or any of them were Elected, is hereby declared Void, and a new Writ or Writs ſhall Iſſue out of the High Court of Chancery, 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 Serve in the Houſe of Commons, in the Place or Places of ſuch Member or Members ſo diſabled, to all intents and purpoſes, as if ſuch Member or Members were naturally dead.

And be it further Enacted by the Authority aforeſaid, That from and after the Firſt day of December, One thouſand ſix hundred ſeventy and eight, every Perſon then being, and who after that time ſhall be a Sworn Servant to the Kings or Queéns Majeſty, not having before that time duely Taken the Oaths, and Made and Subſcribed the Declaration contained in an Act Entituled, An Act for Preventing Dangers which may happen from Popiſh Recuſants, ſhall Take the ſaid Oaths, and Make and Subſcribe the Declaration before expreſſed, in His Majeſties High Court of Chancery, in the manner aforeſaid, either in the next Term after the ſaid Firſt day of December, or in the next Term after any ſuch Perſon ſhall be ſo Sworn a Servant, or in caſe of Lawful Impediment by Sickneſs, 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 Term after ſuch Impediment removed; And if any ſuch Perſon ſhall refuſe or neglect to do the ſame, and yet after ſuch refuſal or neglect, ſhall adviſedly come into, or remain in the preſence of the Kings or Queéns Majeſty, or ſhall come into the Court or Houſe where they or any of them reſide, as well during the Reign of His preſent Maieſty, as during the Reigns of His and their Royal Succeſſors, Kings or Queéns of England, and every of them, Every ſuch Perſon ſhall be diſabled to hold any Place as ſuch Sworn Servant, and ſhall incur and ſuffer all the Pains, Penalties, Forfeitures and Diſabilities in this Act mentioned or contained.

Provided, That nothing in this Act ſhall relate to, or have any effect upon any perſon being a Natural born Subject of the King of Portugal, who now is, or hereafter ſhall be a Sworn Servant to the Queéns Majeſty, not exceéding Nine in number at any one time; nor to ſuch Women-Servants as Her Majeſty ſhall under Her Hand and Seal from time to time for that purpoſe be pleaſed to nominate, the ſaid Women-Servants ſo nominated, not exceéding the number of Nine at any one time.

And be it Enacted, That during the time of Taking of the ſaid Oaths, and Making and Subſcribing the ſaid Declaration, All other Matters and Proceédings, as well in the ſaid Houſes of Parliament, as in the ſaid Court, ſhall ceaſe; And the ſaid Oaths, Declaration, and Subſcription, together with a Schedule of the Names of the perſons who ſhall by virtue of this Act Take and Subſcribe the ſame, ſhall be Made, Entred, and Filed in Parchment Rolls from time to time, duly provided for that purpoſe by the Clerk of the Houſe of Lords, and the Clerk of the Houſe of Commons, and by the Clerk of the Petty-bag in Chancery, for the ſeveral and reſpective uſes as aforeſaid; and none of the Peérs or Members ſhall give or pay any Feé or Reward to any ſuch Clerk, above the ſum of Twelve pence for the Entry of his Taking the ſaid Oaths, and Making and Subſcribing the ſaid Declaration: All which Rolls reſpectively the ſaid Clerks are hereby required from time to time, without any Feé or Reward, to ſhew to any perſon deſiring to look upon the ſame; And the ſaid Houſe of Peérs, and Houſe of Commons, and Court of Chancery, are hereby ſovtrally impowred and required in the firſt place, all other Buſineſs laid aſide, to Adminiſter the ſaid Oaths, 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.

Provided always, That this Act, nor any thing herein contained, ſhall extend to the prejudice of any perſon for coming into, or remaining in the preſence of the King or Queéns Majeſty, who ſhall firſt have Licenſe ſo to do, by any Warrant under the Hands and Seals of Six or more Privy Councellors, by Order of His Majeſties Privy Council, upon ſome urgent occaſion therein to be expreſſed, ſo as ſuch Licenſe exceéd not the ſpace of Ten days, and that the ſaid Licenſe be firſt Filed and put upon Record in the Office of the Petty-bag in Chancery, for any body to view without Fee or Reward, and no perſon be Licenſed for above the number of Thirty days in any one year.

Provided nevertheleſs, That if any Offender contrary to this Act, ſhall at any time after ſuch Offence Take the ſaid Oaths, and Make and Subſcribe the ſaid Declaration in His Majeſties High Court of Chancery, and in the manner aforeſaid, Every ſuch perſon ſhall be from thenceforth Freéd and Diſcharged of and from all Seizures, Penalties, and Loſſes which he might otherwiſe ſuſtain or bear for or by reaſon of being a Popiſh Recuſant Convict by virtue of this Act; and ſhall be Freéd and Diſcharged from all Diſabilities and Incapacities incurred thereby, ſo as ſuch Freédom and Diſcharge extend not to reſtore any ſuch perſon to any Office or Place filled and ſupplied upon voidance by this Act, nor to any other Office, till after the expiration of One year, from the Taking the ſaid Oath and Making the Declaration aforeſaid, nor to make Void, or at any time Diſcharge the ſaid Forfeiture of Five hundred pounds, incurred as aforeſaid.

Provided always, That nothing in this Act contained, ſhall extend to His Royal Highneſs the Duke of York.