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The Correspondence with James the Pretender (High Treason) Act 1701 (13 & 14 Will. III, c. 3) was an
Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
of the
Parliament of England The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised t ...
passed in 1701. The Act—the
long title In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The ...
of which was "An Act for the
Attainder In English criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and hereditar ...
of the pretended Prince of Wales of High Treason"— was a response to the Jacobite claim to the English and Scottish thrones of
James Francis Edward Stuart James Francis Edward Stuart (10 June 16881 January 1766), nicknamed the Old Pretender by Whigs, was the son of King James II and VII of England, Scotland and Ireland, and his second wife, Mary of Modena. He was Prince of Wales from ...
(the Old Pretender), who declared himself King James III of England and Ireland and VIII of Scotland upon the death of his father, the exiled
James II of England James VII and II (14 October 1633 16 September 1701) was King of England and King of Ireland as James II, and King of Scotland as James VII from the death of his elder brother, Charles II, on 6 February 1685. He was deposed in the Gloriou ...
, in September 1701. The Act expressed the "utmost Resentment of so great an Indignity" and "manifest violation" to
William III of England William III (William Henry; ; 4 November 16508 March 1702), also widely known as William of Orange, was the sovereign Prince of Orange from birth, Stadtholder of County of Holland, Holland, County of Zeeland, Zeeland, Lordship of Utrecht, Utrec ...
, declared that the "pretended Prince of Wales" was convicted and
attainted In English criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and hereditary ...
of
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
and that he was "to suffer Pains of Death and incurr all Forfeitures as a Traitor"; and provided 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 Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
. 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 The Statute Law Revision Act 1948 is an Act of the Parliament of the United Kingdom. Section 5(3) of the Statute Law Revision Act 1950 provided that this Act, so far as it repealed chapter 34 of the Statute of Westminster 1285 (13 Edw. 1 St. ...
.


See also

*
Correspondence with Enemies Act 1691 The Correspondence with Enemies Act 1691 (3 & 4 W.& M. c. 13) was an Act of the Parliament of England which made it high treason to correspond with the deposed King James II. It was repealed and replaced by the Correspondence with the Pretender ...
*
Correspondence with the Pretender Act 1697 The Correspondence with the Pretender Act 1697 ( 9 Will. 3. c. 1) was an Act of the Parliament of England which made it high treason to correspond with the deposed King James II. This Act replaced the earlier Correspondence with Enemies Act 1 ...
*
Security of the Succession, etc. Act 1701 The Security of the Succession, etc. Act 1701 (13 & 14 Will. 3. c. 6) was an Act of the Parliament of England. The Act required nearly all office-holders to take the oath of abjuration against James Francis Edward Stuart, pretender to the throne ...
*
Treason Act Treason Act or Treasons Act (and variations thereon) or Statute of Treasons is a stock short title used for legislation in the United Kingdom and in the Republic of Ireland on the subject of treason and related offences. Several Acts on the subje ...
*
Treason Act 1743 The Treason Act 1743Walker. A Legal History of Scotland. W Green. 1988Volume 5 pp 531 & 542. (17 Geo.II c.39) was an Act of the Parliament of Great Britain which made it high treason to correspond with any of the sons of James Francis Edward Stu ...


Explanatory notes


References

* {{UK legislation 1701 in law 1701 in England Acts of the Parliament of England James Francis Edward Stuart Treason in England