The originating bill was drafted and introduced on 23 January 1606 (New Style) by Edward Montagu and called for an annual public thanksgiving for the failure of the plot.

[2][3] It required church ministers to hold a special service of thanksgiving annually on 5 November, during which the text of the act was to be read out loud.

[1] It further required all persons to "diligently and faithfully resort to the Parish Church or Chapel accustomed" on 5 November and "to abide orderly and soberly during the Time of said Prayers, Preaching or other Services of God.

"[1] Every minister was required to give warning to his parishioners publicly in the church at morning prayer on the Sunday beforehand.

The Observance of 5th November Act 1605 was one of the first examples of legislative commemoration, serving as a template for similar legislation requiring commemoration of the Virginian massacre (1622), the Irish Rebellion (1641), the execution of Charles I (1649), and the Stuart Restoration (1660) on Royal Oak Apple Day.