FOrasmuch as divers good Laws have been made for preventing the In­crease and Danger of Popery in this Kingdom, which have not had the desired Effects, by rea­son of the free 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 [Page 4]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 Peer of this Realm, or Member of the House of Peers, shall Vote, or make his Proxy in the House of Peers, or Sit there during any Debate in the said House of Peers; 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, untill such Peer 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.

Which said Oaths and Declaration shall be in this and every succeeding Parliament solemnly and publickly Made and Subscribed betwixt the hours of Nine in the Morning, and Four in the Afternoon, by every such Peer and Member of the House of Peers, at the Table in the middle of the said House, before he take his Place in the [Page 6]said House of Peers, and whilst a full House of Peers 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 Peer of this Realm, and Member of the House of Peers, and every Peer 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 Queens 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 Queens of England, shall incur and suffer all the pains, penalties, forfeitures, and disabilities in this Act mentioned or con­tained, unless such Peer, 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, between the hours of Nine and Twelve in the Forenoon.

[Page 7] And be it further Enacted by the Authority aforesaid, That if any Person that now is, or hereafter shall be a Peer of this Realm, or Member of the House of Peers, 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 Peer and Member so offending, shall from thenceforth be deemed 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 Use 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 Deed of Gift; and shall forfeit for every wilfull 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 Action 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 lawfull to and for the House of Peers, and House of Commons, or either of them respectively, as often as they or either of them shall see occasion, either in this present Parliament, or any other hereafter to be holden, to Order [Page 8]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 Peer 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 Peer or Member of the House of Peers, 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 [Page 9]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 Queens 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 Queens Majesty, or shal come into the Court or House where they or any of them reside, as well during the Reign of His present Majesty, as during the Reigns of His and their Royal Successors, Kings or Queens 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.

[Page 10] 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 Queens Majesty, not exceeding 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 exceeding 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 Proceedings, 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, duely 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 Peers or Members shall give or pay any Fee 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 Fee or Reward, to shew to any person desiring to look upon the same; And the said House of Peers, and House of Commons, and Court of Chancery, are hereby severally 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, [Page 11]duely demanding the same, according to the directi­ons, purport, and meaning of this present Act.

Provided alwayes, 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 Queens Majesty, who shall first have Licence 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 Licence exceed not the space of ten days, and that the said Licence 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 Licenced for above the number of thirty dayes 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 freed and discharged of, and from all Seisures, 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 freed and discharged from all Dis­abilities and Incapacities incurred thereby, so as such Free­dom 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 alwayes, That nothing in this Act contained, shall extend to His Royal Highness the Duke of York.