Correspondence with James the Pretender (High Treason) Act 1701

Correspondence with James the Pretender (High Treason) Act 1701
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 1702 (1702-03-17)][lower-alpha 1]
Repealed 30 July 1948
Other legislation
Repealed by Statute Law Revision Act 1948
Status: Repealed

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.

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This Act was repealed by the Statute Law Revision Act 1948.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

  1. ↑ 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, including the king's birthplace in the Netherlands. At the time of William's birth, Gregorian dates were 10 days ahead of Julian dates: thus William was born on 14 November 1650 by Gregorian reckoning, but on 4 November 1650 by Julian. At William's death, they day after assenting to this act, Gregorian dates were 11 days ahead of Julian dates. William died on 19 March 1702 by the Gregorian calendar, and on 8 March 1702 by the standard Julian calendar. However, the English New Year fell on 25 March, so by English reckoning of the time, William died on 8 March 1701. Unless otherwise noted, dates up to 2 September 1752 in this article follow the Julian calendar with New Year falling on 1 January; dates thereafter, including the repeal date, are given according to the Gregorian calendar. Great Britain and her colonies adopted the Gregorian calendar on that date with the Calendar (New Style) Act 1750, which — amongst other things — determined that Wednesday 2 September 1752 (Old Style) was followed by Thursday 14 September 1752 (New Style).

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.
  1. ↑ "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


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