pretence whatsoever to take arms against the king; and that I do abhor the traitorous position of taking arms by his authority against his person, or against those that are commissioned by him: so help me God.

And also at the same time shall publicly subscribe before the said commissioners or any three of them, this following declaration:

I, A. B., do declare that I hold that there lies no obligation upon me or any other person, from the oath commonly called, the Solemn League and Covenant; and that the same was in itself an unlawful oath, and imposed upon the subjects of this realm against the known laws and liberties of the kingdom. (Those who refuse the oaths to be removed.)

And nevertheless, be it further enacted by the authority aforesaid, that the said commissioners, or any five or more of them, shall have full power by virtue of this act, by order and warrant under their hands and seals, to displace or remove any of the persons aforesaid from their respective offices and places of trusts aforesaid, if the said commissioners, or the major part of them then present, shall deem it expedient for the public safety, although such persons shall have taken and subscribed, or be willing to take and subscribe the said oaths and declaration.

(Commissioners empowered to restore any magistrate unduly removed, to administer the oaths, to keep a record of the oaths administered and give it to the town clerk.)

Provided also that it be enacted by the authority aforesaid, that from and after the expiration of the said commissions, no person or persons shall forever hereafter be placed, elected or chosen, in or to any of the offices or places aforesaid, that shall not have within one year next before such election or choice, taken the sacrament of the Lord's supper, according to the rites of the Church of England; and that every such person and persons so placed, elected or chosen, shall likewise take the aforesaid three oaths, and subscribe the said declaration at the same time when the oath for the due execution of the said places and offices respectively shall be administered; and in default hereof, every such placing, election and choice is hereby enacted and declared to be void.

(Duration of the commissioners' powers until March 25, 1663. Commissioners sued may plead the general issue and recover treble costs. Reversions of offices in the city of London saved.)

Stat. of the Realm, V. 321; Gee and Hardy, 594.

Test Act, 25 Car. I. c. 2. 1673.

For preventing dangers which may happen from popish recusants, and quieting the minds of his Majesty's good subjects; be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and the commons, in this present parliament assembled, and by the authority of the same, that all and every person or persons, as well peers as commoners, that shall bear any office or offices civil or military, or shall receive any pay, salary, fee or wages by reason of any patent or grant from his Majesty, or shall have command or place of trust from or under his Majesty, or from any of his Majesty's predecessors, or by his or their authority, or by authority derived from him or them, within the realm of England, dominion of Wales, or town of Berwick-uponTweed, or in his Majesty's navy, or in the several islands of Jersey and Guernsey, or shall be of the household, or in the service or employment of his Majesty, or of his Royal Highness the Duke of York, who shall inhabit, reside or be within the city of London or Westminister, or within thirty miles distant from the same, on the first day of Easter term that shall be in the year of our Lord 1673; or at any time during the said term, all and every the said person and persons shall personally appear before the end of the said term, or of Trinity term next following, in his Majesty's high court of Chancery, or in his Majesty's court of King's Bench, and there in public and open court, between the hours of nine of the clock and twelve in the forenoon, take the several oaths of supremacy and allegiance (which oath of allegiance is contained in the statute made in the third year of King James) by law established; and during the time of taking thereof by the said person and persons, all pleas and proceedings in the said respective courts shall cease; and that all and every of the said respective persons and officers, not having taken the said oaths in the said respective courts aforesaid, shall on or before the first day of August, 1673, at the quarter-sessions for that county or place where he or they shall be, inhabit or reside on the twentieth day of May, take the said oaths in open court between the said hours of nine and twelve of the clock in the forenoon; and the said respective officers aforesaid shall also receive the sacrament of the Lord's supper, according to the usage of the Church of England at or before the first day of August in the year of our Lord 1673, in some parish church, upon some Lord's day, commonly called Sunday, immediately after divine service and sermon.

(The same for those to be appointed.) And every of the said persons in the respective court where he takes the said oaths shall first deliver a certificate of such his receiving the said sacrament as aforesaid, under the hands of the respective minister and churchwarden, and shall then make proof of the truth thereof by two credible witnesses at the least, upon oath; all which shall be required of, and put upon record in the respective courts. (Whosoever shall refuse to take the oaths shall be adjudged incapable of any other office.

And be it further enacted, that all and every such person or persons that shall neglect or refuse to take the said oaths or the Sacrament as aforesaid, within the times and in the places aforesaid, and in the manner aforesaid, and yet after such neglect and refusal shall execute any of the said offices or employments after the said times expired, wherein he or they ought to have taken the same, and being thereupon lawfully convicted, in or upon any information, presentment or indictment, in any of the King's courts at Westminster, or at the assizes, every such person and persons shall be disabled from thenceforth 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, or to bear any office within this realm of England, dominion of Wales, or town of Berwick-upon-Tweed; and shall forfeit the sum of 500 pounds, to be recovered by him or them that shall sue for the same, to be prosecuted by any action of debt, bill, plaint, or information, in any of His Majesty's courts at Westminster, wherein no essoin, protection, or wager of law shall lie.

And be it further enacted by the authority aforesaid, that the names of all and singular such persons and officers aforesaid, that do or shall take the oaths aforesaid, shall be in the respective courts of Chancery and King's Bench and the quarter sessions; enrolled, with the day and time of their taking the same and kept only for that purpose, and for no other; the which rolls, as for the Court of Chancery, shall be publicly hung up in the office of the the pettybag, and the roll for the King's Bench in the Crown Office of the said court, and in some public place in every quarter sessions, and there remain during the whole term, every term, and during the whole time of the said sessions in every quarter sessions, for every one to resort to and look upon without fee or reward; and likewise

none of the person or persons aforesaid shall give or pay as any fee or reward to any officer or officers belonging to any of the courts as aforesaid, above the sum of twelvepence for his or their entry of his or their taking of the said oaths aforesaid.

(Upon due tender made to the courts, they are to administer the oaths.)

And be it further enacted, that if any person or persons, not bred up by his or their parent or parents from their infancy in the popish religion, and professing themselves to be popish recusants, shall breed up, instruct, or educate his or their child or children, or suffer them to be instructed or educated in the popish religion, every such person, being thereof convicted, shall be from thenceforth disabled of bearing any office or place of trust or profit in Church or State; and all such children as shall be so brought up, instructed or educated, are and shall be hereby disabled of bearing any such office or place of trust or profit, until he and they shall be perfectly reconciled and converted to the Church of England, and shall take the oaths of supremacy and allegiance aforesaid before the justices of the peace in the open quarter sessions of the county or place where they shall inhabit, and thereupon receive the sacrament of the Lord's Supper after the usage of the Church of England, and obtain a certificate thereof under the hands of two or more of the said justices of the peace.

And be it further enacted by the authority aforesaid, that at the same time when the persons concerned in this act shall take the aforesaid oaths of supremacy and allegiance, they shall likewise make and subscribe this declaration following, under the same penalties and forfeitures as by this act is appointed.

I, A. B. do declare, that I do believe that there is not any transsubstantiation in the sacrament of the Lord's Supper, or in the elements of bread and wine, at or after the consecration thereof by any person whatsoever.

(This act not to extend to peerage, or creation-money, impost, pensions, or offices of inheritance; or to make void any pension granted to any person instrumental in preserving the King at Worcester; or to holders of offices of inheritance who refuse or neglect the said oaths; they must however appoint deputies, who will take the oaths, and subscribe. Peers may take the oaths in Parliament. A saving for married women, persons under 18, and those found to be non compos mentis. Those forfeiting office by neglect or refusal of oaths capable of restoration on taking same. This act not to extend to non-commissioned officers in the navy, if they subscribe the declaration, or to constables, tithing-men, churchwardens, or private officers.)

Stat. of the Realm V, 782; Gee and Hardy, 632.

Declaration of Indulgence, 1687.

It having pleased Almighty God not only to bring us to the imperial crown of these kingdoms through the greatest difficulties, but to preserve us by a more than ordinary providence upon the throne of our royal ancestors, there is nothing now that we so earnestly desire as to establish our government on such a foundation as may make our subjects happy, and unite them to us by inclination as well as duty, Which we think can be done by no means so effectually as by granting to them the free exercise of their religion for the time to come, and add that to the perfect enjoyment of their property, which has never been in any case invaded by us since our coming to the crown. Which being the two things men value most, shall ever be preserved in these kingdoms, during our reign over them, as the truest methods of their peace and our glory. We cannot but heartily wish, as it will easily be believed, that all the people of our dominions were members of the Catholic Church; yet we humbly thank Almighty God, it is and has of long time been our constant sense and opinion (which upon divers occasions we have declared) that conscience ought not to be constrained nor people forced in matters of mere religion; it has ever been directly contrary to our inclination, as we think it is to the interest of government, which it destroys by spoiling trade, depopulating countries, and discouraging strangers, and finally, that it never obtained the end for which it was employed. And in this we are the more confirmed by the reflections we have made upon the conduct of the four last reigns. For after all the frequent and pressing endeavors that were used in each of them to reduce this kingdom to an exact conformity in religion, it is visible the success has not answered the design, and that the difficulty is invincible.

We therefore out of our princely care and affection unto all our loving subjects, that they may live at ease and quiet, and for the increase of trade and encouragement of strangers, have thought fit by virtue of our royal prerogative to issue forth this our declaration of indulgence, making no doubt of the concurrence of our two houses of Parliament when we shall think it convenient for them to meet. In the first place we do declare that we will protect and maintain our archbishops, bishops, and clergy, and all other our subjects of the Church of England in the free exercise of their religion as by law established, and in the quiet and full enjoyment of all their possessions, without any molestation or disturbance whatsoever.