|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|
|Royal assent||7 March 1701|
[N.S.: 17 March 1701 ]
|Repealed||30 July 1948|
|Repealed by||Statute Law Revision Act 1948|
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".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.
An act of parliament, also called primary legislation, are statutes passed by a parliament (legislature). Act of the Oireachtas is an equivalent term used in the Republic of Ireland where the legislature is commonly known by its Irish name, Oireachtas. The United States Act of Congress is based on it.
The Parliament of England was the legislature of the Kingdom of England, existing from the early 13th century until 1707, when it united with the Parliament of Scotland to become the Parliament of Great Britain after the political union of England and Scotland created the Kingdom of Great Britain.
James II and VII was King of England and Ireland as James II and King of Scotland as James VII, from 6 February 1685 until he was deposed in the Glorious Revolution of 1688. The last Roman Catholic monarch of England, Scotland and Ireland, his reign is now remembered primarily for struggles over religious tolerance. However, it also involved the principles of absolutism and divine right of kings and his deposition ended a century of political and civil strife by confirming the primacy of Parliament over the Crown.
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.
William III, also widely known as William of Orange, was sovereign Prince of Orange from birth, Stadtholder of Holland, Zeeland, Utrecht, Gelderland and Overijssel in the Dutch Republic from 1672 and King of England, Ireland and Scotland from 1689 until his death in 1702. As King of Scotland, he is known as William II. He is sometimes informally known in Northern Ireland and Scotland as "King Billy".
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. It entailed losing not only one's life, property and hereditary titles, but typically also the right to pass them on to one's heirs. Both men and women condemned of capital crimes could be attainted.
Capital punishment, also known as the death penalty, is a government-sanctioned practice whereby a person is killed by the state as a punishment for a crime. The sentence that someone be punished in such a manner is referred to as a death sentence, whereas the act of carrying out the sentence is known as an execution. Crimes that are punishable by death are known as capital crimes or capital offences, and they commonly include extreme offenses such as murder, mass murder, terrorism, treason, espionage, offenses against the State, such as attempting to overthrow government, piracy, drug trafficking, war crimes, crimes against humanity and genocide, but may include a wide range of offences depending on a country. Etymologically, the term capital in this context alluded to execution by beheading.
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.
The Bill of Rights, also known as the English Bill of Rights, is an Act of the Parliament of England that sets out certain basic civil rights and clarifies who would be next to inherit the Crown. It received the Royal Assent on 16 December 1689 and is a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William III and Mary II in February 1689, inviting them to become joint sovereigns of England. The Bill of Rights lays down limits on the powers of the monarch and sets out the rights of Parliament, including the requirement for regular parliaments, free elections, and freedom of speech in Parliament. It sets out certain rights of individuals including the prohibition of cruel and unusual punishment and reestablished the right of Protestants to have arms for their defence within the rule of law. It also includes no right of taxation without Parliament’s agreement. Furthermore, the Bill of Rights described and condemned several misdeeds of James II of England.
James Francis Edward Stuart, nicknamed The Old Pretender, 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 July 1688 until, just months after his birth, his Catholic father was deposed and exiled in the Glorious Revolution of 1688. James II's Protestant elder daughter, Mary II, and her husband, William III, became co-monarchs and the Bill of Rights 1689 and Act of Settlement 1701 excluded Catholics from the English then, subsequently, British throne.
In English history, penal law refers to a specific series of laws that sought to uphold the establishment of the Church of England against Protestant nonconformists and Catholicism, by imposing various forfeitures, civil penalties, and civil disabilities upon these dissenters. The penal laws in general were repealed in the 19th century during the process of Catholic Emancipation. Penal actions are civil in nature and were not English common law.
Charles Middleton, 2nd Earl of Middleton, Jacobite 1st Earl of Monmouth, PC was a Scottish and English politician who held several offices under Charles II and James II & VII. He served as Secretary of State for Scotland, the Northern Department and the Southern Department, before acting as chief advisor to James II and then his son James III during their exile in France.
Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; committing adultery with the sovereign's consort, with the sovereign's eldest unmarried daughter, or with the wife of the heir to the throne; levying war against the sovereign and adhering to the sovereign's enemies, giving them aid or comfort; and attempting to undermine the lawfully established line of succession. Several other crimes have historically been categorised as high treason, including counterfeiting money and being a Catholic priest.
A pretender is one who maintains or is able to maintain a claim that they are entitled to a position of honour or rank, which may be occupied by an incumbent, or whose powers may currently be exercised by another person or authority. Most often, it refers to a former monarch, or descendant thereof, whose throne is occupied or claimed by a rival or has been abolished.
Succession to the British throne is determined by descent, sex, legitimacy, and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". Spouses of Roman Catholics were disqualified from 1689 until the law was amended in 2015. Protestant descendants of those excluded for being Roman Catholics are eligible.
Sir John Fenwick, 3rd Baronet was an English Jacobite conspirator, who succeeded to the Baronetcy of Fenwick on the death of his father in 1676.
The Treason Act 1351 is an Act of the Parliament of England which codified and curtailed the common law offence of treason. No new offences were created by the statute. It is one of the earliest English statutes still in force, although it has been very significantly amended. It was extended to Ireland in 1495 and to Scotland in 1708. The Act was passed at Westminster in the Hilary term of 1351, in the 25th year of the reign of Edward III and was entitled "A Declaration which Offences shall be adjudged Treason". It was passed to clarify precisely what was treason, as the definition under common law had been expanded rapidly by the courts until its scope was controversially wide. The Act was last used to prosecute William Joyce in 1945 for collaborating with Germany in World War II.
The Treason Act 1695 is an Act of the Parliament of England which laid down rules of evidence and procedure in high treason trials. It was passed by the English Parliament but was extended to cover Scotland in 1708 and Ireland in 1821. Some of it is still in force today.
The Sedition Act 1661 was an Act of the Parliament of England, although it was extended to Scotland in 1708. Passed shortly after the Restoration of Charles II, it is no longer in force, but some of its provisions continue to survive today in the Treason Act 1695 and the Treason Felony Act 1848. One clause which was included in the Treason Act 1695 was later adapted for the United States Constitution.
The Patriot Parliament is the name given to the session of the Irish Parliament called by King James II of Ireland during the War of the Two Kings in 1689. The parliament met in one session, from 7 May 1689 to 20 July 1689, and was the only session of the Irish Parliament under King James II.
The Popery Act 1698 was an Act of Parliament of the Parliament of England enacted in 1700. The long title of the Act is "An Act for the further preventing the Growth of Popery."
The Security of the Succession, etc. Act 1701 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, self-styled Prince of Wales and son of the former King James II.
The Treason Act 1397 was an Act of the Parliament of England. It was supplemented by six other Acts. The seven Acts together dealt with high treason.
The Treason Act 1714 was an Act of Parliament of the Parliament of Great Britain passed during the Jacobite Rising of 1715. Its long title was "An act for the more easy and speedy trial of such persons as have levied or shall levy war against his Majesty." It enacted that anyone who was in custody for high treason before 23 January 1716 could be tried anywhere in England, regardless of where they had allegedly committed their crime. Under common law a trial normally had to take place in the county where the crime happened.
The Treason Act 1743 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 Stuart, who claimed to be king of Great Britain and of Ireland. His sons were Charles Edward Stuart and Henry Benedict Stuart.
The Correspondence with Enemies Act 1691 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 Act 1697. After James's death, the Correspondence with James the Pretender Act 1701 and the Correspondence with Enemies Act 1704 made it treason to correspond with his son, and the Treason Act 1743 made it treason to correspond with his son's sons.
The Correspondence with the Pretender Act 1697 was an Act of the Parliament of England which made it high treason to correspond with the deposed King James II. When James II died and his son "James III" asserted his own claim to the throne, the Correspondence with James the Pretender Act 1701 was passed to replace this provision.
Jacobitism was the name of the political movement in Great Britain and Ireland that aimed to restore the House of Stuart to the thrones of England, Scotland, and Ireland. The movement was named after Jacobus, the Latin form of James.