An Act for securing of the Protestant religion by disabling James, Duke of York, to inherit the imperial crown of England and Ireland and the dominions and territories thereunto belonging.
Whereas James, Duke of York, is notoriously known to have been
perverted from the Protestant to the popish religion, whereby not
only great encouragement hath been given to the popish party to
enter into and carry on most devilish and horrid plots and
conspiracies for the destruction of His Majesty's sacred person and
government, and for the extirpation of the true Protestant
religion; but also if the said duke should succeed to the imperial
crown of this realm, nothing is more manifest than that a total
change or religion within these kingdoms would ensue. For the
prevention whereof, 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 the said James, Duke of
York, shall be, and is, by the authority of this present
Parliament, excluded, and made for ever incapable to inherit,
possess or enjoy the imperial crown of this realm, and of the
kingdom of Ireland, and the dominions and territories to them, or
either of them belonging; or to have, exercise or enjoy and
dominion, power, jurisdiction or authority in the same kingdoms,
dominions, or any of them.
And be it further enacted by the
authority aforesaid, that if the said James, Duke of York, shall at
any time hereafter, challenge, claim, or attempt to possess or
enjoy, or shall take upon him to use or exercise any dominion,
power, authority, or jurisdiction within the said kingdoms 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 forfeitures as in cases of high
treason.
And further, that if any person or persons whatsoever shall
assist, aid, maintain, abet, or willingly adhere unto the said James,
Duke of York, in such challenge, claim, or attempt, or shall of
themselves attempt or endeavour 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
aforesaid; 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 magistrate 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 if the
said James, Duke of York, shall at any time from and after the
fifth of November, in the year of our Lord God one thousand six hundred and eighty return or come into or within any of the
kingdoms or dominions aforesaid, that 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 cases of
high treason. And further, that if any person or persons
whatsoever shall be aiding of 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 Noli
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 all
magistrates, officers, and other subjects whatsoever of the
kingdoms and dominions aforesaid, and they are hereby enjoined and
required, to apprehend and secure the said James, Duke of York, and
every other person offending in any of the premises, 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 indemnified.
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 that the said James, Duke of
York). But that in case the said James, Duke of York, should
survive 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 persons successively 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, anything 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 general sessions of the peace within
the kingdoms, dominions, and territories aforesaid, and also shall
be openly read in every cathedral, collegiate church, parish church and
chapel 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 five and twentieth day of December, and upon Easter Day, during the life
of the said James, Duke of York.