But, it being evident by the sad experience of twelve years that there is very little fruit of all those forcible courses, we think ourselves obliged to make use of that supreme power in ecclesiastical matters, which is not only inherent in us but hath been declared and recognized to be so by several statutes and acts of parliament. And therefore we do now accordingly issue out this our royal declaration, as well for the quieting the minds of our good subjects in these points, for inviting strangers in this conjunction to come and live under us, and for the better encouragement of all to a cheerful following of their trades and callings, from whence we hope, by the blessing of God, to have many good and happy advantages to our government; as also for preventing for the future the danger that might otherwise arise from private meetings and seditious conventicles. And in the first place, we declare our express resolution, meaning, and intention to be that the Church of England be preserved and remain entire in its doctrine, discipline, and government, as it now stands established by law; and that this be taken to be, as it is, the basis, rule, and standard of the general and public worship of God, and the orthodox conformable clergy do receive and enjoy the revenues belonging thereunto; and that no person, though of different opinion and persuasion, shall be exempt from paying his tithes, or other dues whatsoever. And further we declare that no person shall be capable of holding any benefice, living, or ecclesiastical dignity or preferment of any kind in this Kingdom of England, who is not exactly conformable.
We do in the next place declare our will and pleasure to be that the execution of all and all manner of penal laws in matters ecclesiastical, against whatsoever sort of nonconformists or recusants, be immediately suspended, and they are hereby suspended. And all judges of assize and gaol-delivery sheriffs, justices of the peace, mayors, bailiffs, and other officers whatsoever, whether ecclesiastical or civil, are to take notice of it, and pay due obedience thereunto, and that there may be no pretence for any of our subjects to continue their illegal meetings and conventicles, we do declare that we shall from time to time allow a sufficient number of places, as shall be desired, in all parts of this our kingdom, for the use of such as do not conform to the Church of England, to meet and assemble in, in order to their public worship and devotion; which places shall be open and free to all persons.
But to prevent such disorders and inconveniences as may happen by this our indulgence, if not duly regulated, and that they may be better protected by the civil magistrate, our express will and pleasure is that none of our subjects do presume to meet in any place, until such place be allowed, and the teacher of that congregation be approved by us. And lest any should apprehend that this our restriction should make our said allowance and approbation difficult to be obtained, we do further declare, that this our indulgence as to the allowance of public places of worship and approbation of teachers shall extend to all sorts of nonconformists and recusants, except the recusants of the Roman Catholic religion, to whom we shall no ways allow public places of worship, but only indulge them in their share in the common exemption from the executing the penal laws and the exercise of their worship in their private houses only. And if after this our clemency and indulgence any of our subjects shall presume to abuse this liberty and shall preach seditiously, or to the derogation of the doctrine, discipline or government of the established church, or shall meet in places not allowed by us, we do hereby give them warning and declare we will let them see we can be as severe to punish such offenders, when so justly provoked, as we are indulgent to truly tender consciences.
Protest of the Commons against the Indulgence.
We your Majesty's most loyal and faithful subjects, the Commons assembled in Parliament do, in the first place, as in all duty bound, return your Majesty our most humble and hearty thanks for the many gracious promises and assurances which Your Majesty hath several times, during this present Parliament, given to us, that Your Majesty would secure and maintain unto us the true Reformed Protestant Religion, our Liberties, and Properties: Which most gracious assurances Your Majesty hath, out of your great Goodness, been pleased to renew unto us more particularly at the opening of this present session of Parliament.
And further we crave leave humbly to represent: That we have, with all duty and expedition, taken into our consideration several parts of your Your Majesty's last speech to us, and withal the Declaration therein mentioned, for Indulgence to Dissenters, dated the Fifteenth of March last, and we find ourselves bound in duty to inform Your Majesty that penal statutes in matters ecclesiastical cannot be suspended but by Act of Parliament.
We therefore, the ... House of Commons do most humbly beseech your Majesty that the said laws may have their free course until it shall be otherwise provided for by Act of Parliament.
The Test Act (1673).
For preventing dangers which may happen from popish recusants and quieting the minds of his Majesty's good subjects:—Be it enacted That all and every person or persons, as well peers as commoners, that shall bear any office or offices military or civil, 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 ... shall ... in public and open court ... take the several Oaths of Supremacy and Allegiance ... and 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 one thousand six hundred and seventy-three, in some parish church, upon some ... Sunday, immediately after divine service.
And ... all persons ... that ... refuse to take the said oaths and sacrament ... shall be ipso facto adjudged ... disabled in law to ... enjoy the said office or offices or any profit or advantage pertaining to them; and every such office ... is hereby adjudged void.