or Dominions, or any of them, as King or Chief Magistrate of the same; That then he the said James Duke of York, for every such Offence, shall be deemed and adjudged guilty of High Treason; and shall suffer the Pains, Penalties and Forfei∣tures, as in case of High Treason: And further, That if any Person or Persons what∣ever shall assist or maintain, abett, or willingly adhere unto the said James Duke of York, in such challenge, claim or attempt; or shall of themselves attempt, or endea∣vour to put or bring the said James Duke of York into the Possession or Exercise of any Regal Power, Jurisdiction or Authority within the Kingdoms and Dominions a∣foresaid; or shall by Writing or Preaching, advisedly publish, maintain or declare, That he hath any Right, Title or Authority to the Office of King or Chief Magi∣strate of the Kingdoms and Dominions aforesaid, that then every such Person shall be deemed and adjudged guilty of High Treason; and that he suffer and undergo the Pains, Penalties and Forfeitures aforesaid.
And be it further Enacted by the Authority aforesaid, That he the said James Duke of York shall not at any time, from, and after the Fifth of November 1680, return or come into, or within any of the Kingdoms or Dominions aforesaid; And then he the said James Duke of York shall be deemed and adjudged guilty of High Treason; and shall suffer the Pains, Penalties and Forfeitures as in case of High Treason; And further, That if any Person or Persons whatsoever shall be aiding or assisting unto such Return of the said James Duke of York, That then every such Person shall be deemed and adjudged guilty of High Treason; and shall suffer as in Cases of High Treason.
And be it further Enacted by the Authority aforesaid, That he the said James Duke of York, or any other Person being guilty of any of the Treasons aforesaid, shall not be capable of, or receive Benefit by any Pardon, otherwise than by Act of Parliament, wherein they shall be particularly named; and that no Nole prosequi, or Order for stay of Proceedings shall be received or allowed in, or upon any Indictment for any of the Offences mentioned in this Act.
And be it further Enacted and Declared; And it is hereby Enacted and Declared, That it shall and may be lawful to, and for any Magistrates, Officers and other Subjects whatsoever of these Kingdoms and Dominions aforesaid; and they are here∣by enjoyned and required to apprehend and secure the said James Duke of York, and every other Person offending in any of the Premisses, and with him or them in case of Resistance to fight, and him or them by Force to subdue: For all which Actings, and for so doing, they are, and shall be by virtue of this Act saved harmless and indem∣nified.
Provided, and it is hereby Declared, That nothing in this Act contained, shall be construed, deemed or adjudged to disenable any other Person from inheriting and enjoying the Imperial Crown of the Realms and Dominions aforesaid; (other than the said James Duke of York.) But that in case the said James Duke of York should sur∣vive his now Majesty, and the Heirs of his Majesty's Body; The said Imperial Crown shall descend to, and be enjoyed by such Person or Person successarily during the Life of the said James Duke of York, as should have inherited and enjoyed the same in case the said James Duke of York were naturally dead, any thing contained in this Act to the contrary notwithstanding.
And be it further Enacted, by the Authority aforesaid, That during the Life of the said James Duke of York, this Act shall be given in charge at every Assizes and Gene∣ral Sessions of the Peace within the Kingdoms, Dominions and Territories aforesaid; and also shall be openly Read in every Cathedral Church, and Parish Church, and Chappels within the aforesaid Kingdoms, Dominions and Territories, by the several respective Parsons, Vicars, Curates, and Readers thereof, who are hereby required immediately after Divine Service in the Fore-noon to read the same twice in every year, that is to say, on the 25th. of December, and upon Easter-day, during the Life of the said James Duke of York.
This BILL was Read Three Times, and Passed, and sent up to the Lords for their Concurrence.