Correspondence with James the Pretender (High Treason) Act 1701
The Correspondence with James the Pretender (High Treason) Act 1701 (13 & 14 Will. III, c. 3) was an Act of Parliament of the Parliament of England passed in 1701. The long title of the Act is "An Act for the Attainder of the pretended Prince of Wales of High Treason".[1] After the death of the exiled James II of England in September 1701, his son, James Francis Edward Stuart (the Old Pretender), declared himself to be King James III of England and Ireland and VIII of Scotland, in order to assert the Jacobite claim to the English and Scottish thrones.
Act of Parliament | |
Long title | An Act for the Attainder of the pretended Prince of Wales of High Treason |
---|---|
Citation | 13 & 14 Will. III, c. 3 |
Territorial extent | Kingdom of England |
Dates | |
Royal assent | 7 March 1701 [N.S.: 17 March 1701 ][lower-alpha 1] |
Repealed | 30 July 1948 |
Other legislation | |
Repealed by | Statute Law Revision Act 1948 |
Status: Repealed |
The Act was a response to this "manifest violation", expressing the "utmost Resentment of so great an Indignity" to William III of England. It enacted that the "pretended Prince of Wales" was convicted and attainted of high treason and that he was "to suffer Pains of Death and incurr all Forfeitures as a Traitor". It further enacted that if any English subject was to knowingly hold any correspondence with James Stuart, or with any person in his employ, or to knowingly spend or transmit any sum of money for the use of James, then on conviction they would be deemed guilty of high treason. If these offences were committed outside the realm, then they could be brought to trial in any English county.
This Act was repealed by the Statute Law Revision Act 1948.
Notes
- During the lifetime of William III, two calendars were in use in Europe: the Old Style Julian calendar in Britain and parts of Northern and Eastern Europe, and the New Style Gregorian calendar elsewhere. In this article, dates up to 1752 follow the Julian calendar with New Year falling on 1 January. Dates thereafter, including the repeal date, are given according to the Gregorian calendar.
References
- W. C. Costin; J. Steven Watson, eds. (1952). The Law & Working of the Constitution: Documents 1660–1914. Volume I (1660–1783). A&C Black. p. 96-7.
- Noel S. McFerran (26 October 2003). "Attainder of the Pretended Prince of Wales, March 7, 1702". The Jacobite Heritage. Retrieved 12 September 2018Note that this site is entirely written from the perspective of Jacobite followers.
- "William III, 1701: An Act for the Attainder of the pretended Prince of Wales of High Treason [Chapter III. Rot. Parl. 13 & 14 Gul. III. n.3.]". Statutes of the Realm. volume 7: 1695–1701: 739. 1820. Retrieved 16 February 2007.
See also
- Correspondence with Enemies Act 1691
- Correspondence with the Pretender Act 1697
- Jacobitism
- High treason in the United Kingdom
- Security of the Succession, etc. Act 1701
- Treason Act 1743
- Treason Act
- Bill of attainder