Correspondence with the Pretender Act 1697

Correspondence with the Pretender Act 1697X1

1697 CHAPTER 1 9 Will 3

An Act against corresponding with the late King James and his Adherents.

Editorial Information

X1 Abbreviated title derived from Chronological Table of the Statutes: Covering the Period from 1235 to the End of 1971 (London: Her Majesty's Stationery Office. 1972)

Recital that for the Purposes of Commerce, Freedom of Intercourse between the Subjects of England and France is necessary; and that disaffected Persons may take Advantage thereof.

Persons voluntarily gone to France since 11th Dec.1688, without Licence, or who have borne Arms in the Service of the French King, or the late King James, returning without Licence, on Conviction, deemed guilty of High Treason.

Whereas upon the Conclusion of Peace betweene His Majesty and the French King it is become necessary for the carrying on a Trade and Co[m]merce betweene England and France That the Subjects of each Kingdome should have the freedome of [X2 going & coming] out of and into the said Kingdomes respectively And whereas such Persons who have been in Armes against His Majesty or have been engaged in trayterous Conspiracies against His sacred Person and Government and other disaffected Persons may take Advantage and be encouraged from thence to forme and carry on Treasonable Designes and Practices against His Majesties Royal Person and Government unlesse some Provision be made for Prevention thereof Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Co[m]mons in this present Parliament assembled and by the Authority of the same That if any of His Majesties Subjects who have att any time since the Eleventh Day of December One thousand six hundred eighty eight voluntarily gone into France or any of the French Kings Dominions in Europe without Licence from His Majesty or Her late deceased Majesty Queen Mary of blessed Memory or who have att any time dureing the late Warr with France borne Arms in the Service of the French King either by Sea or Land or who have att any time since the Thirteenth day of February One thousand six hundred eighty eight been in Arms under the Co[m]mand or in the Service of the late King James in Europe shall att any time after the Foureteenth Day of January One thousand six hundred ninety seven returne into this Kingdome of England or any other His Majesties Dominions without Licence from His Majestie under the Privy Seale every Person so offending shall (being lawfully convicted thereof) be taken deemed and adjudged to be guilty of High Treason and shall suffer and forfeit as in Cases of High Treason.

Editorial Information

X2 interlined on the Roll.

II. Persons without Licence aiding, corresponding, &c. with the late King James,

High Treason.

And for preventing trayterous Correspondence betweene His Majesties Subjects and the late King James or his Adherents Be it further enacted by the Authority aforesaid That if any of His Majesties Subjects from and after the said Foureteenth Day of January One thousand six hundred ninety seven without Licence from His Majesty shall within this Realme or without in order to give any Aid or Assistance to the said late King James hold entertaine or keep any Intelligence or Correspondence by Letters Messages or otherwise with the said late King James or with any Persons imployed by him knowing such Person to be so imployed or shall without Licence from His Majesty by Bill of Exchange or otherwise remitt or pay any Su[m]m or Sums of Money for the Use or Service of the late King James knowing such Money to be for such Use or Service such Person so offending being lawfully convicted shall be taken deemed and adjudged to be guilty of High Treason and shall suffer and forfeit as in Cases of High Treason.

III. Where Offences out of the Realm may be tried.

And be it further enacted That where any of the Offences against this Act shall be committed out of this Realme the same may be alledged and laid enquired of and tried in any County of this Realme.

IV. Recital of 3 W. & M. c.13. §3.

The said Clause determined.

And whereas by an Act made att a Session of Parliament held in the Third and Fourth Yeares of the Reigne of His present Majesty and the late Queen Mary intituled An Act against corresponding with Their Majesties Enemies itt was amongst other Things enacted That if any of Their Majesties Subjects should from and after the Tenth Day of March in the Yeare of our Lord One thousand six hundred ninety one without Licence from Their Majesties voluntarily goe or repaire or imbarque in any Vessell with an intent to goe into France or any Dominions of the French King and should be upon full Proof convicted thereof hee should be taken deemed and adjudged to be guilty of High Treason and should suffer such Penalties as in case of High Treason And whereas some doubt hath arisen whether the said Clause be still in force Therefore for avoiding all Disputes thereupon Be it declared by the Authority aforesaid That the said Clause was intended to have Continuance onely dureing the late Warr with France and that the said Clause and every part thereof is now determined and of no force.

V. The Persons above described who are in this Kingdom to depart before 1st Feb.1697, unless they have Licence to stay.

Not departing or returning without Licence.;High Treason.

Provided always and be it further enacted That if any Person who since the said Eleventh Day of December in the Yeare of our Lord One thousand six hundred eighty eight went into France or any of the French Kings Dominions without Licence first had from His Majesty or the said late Queen or who hath been in Arms under the late King James or the French King or in either of their Services since the said Thirteenth Day of February One thousand six hundred eighty eight hath returned into this Realme without Licence from His Majesty or the said late Queen such Person shall depart this Realme on or before the First Day of February One thousand six hundred ninety seven unlesse such Person shall before the said First [X3 Day] of February One thousand six hundred ninety seven obtaine His Maj[es]ties Licence in manner aforesaid for his or her staying here And in case such Person shall not depart this Realme on or before the said First Day of February One thousand six hundred ninety seven or shall after such departure returne into this Realme without His Majesties Licence as aforesaid such Person so offending being thereof lawfully convicted shall be taken deemed and adjudged to be guilty of High Treason and shall suffer and forfeit as in Cases of High Treason.

Editorial Information

X3 interlined on the Roll.

VI. Fee for Licence.

Receiving greater Fee,; Penalty £20.

And be it further enacted by the Authority aforesaid That no Person shall pay for any Licence granted in pursuance of this Act above the Su[m]m of Ten Shillings in each Office through which such Licence shall passe upon paine that any Person receiving more shall forfeit the Sum of Twenty Pounds to the Party to whome such Licence shall be granted to be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record att Westminster.

VII. Procuring, receiving, &c. any Charter of Pardon, Grant of Title of Honour, &c. under the late King James, or claiming Benefit thereof in England or Ireland, High Treason.

Persons having received, &c. the same since 11th Dec. 1688, to deliver the same up, or in default, High Treason.

And be it further enacted by the Authority aforesaid That all and every Person and Persons who from and after the Sixth Day of January One thousand six hundred ninety seven shall procure for themselves or any other Person or accept receive or take any Charter of Pardon or other Grant of any Title of Honour or other Matter or Thing to be had or enjoyed in the Kingdome of England or Ireland from or by the pretended Authority of the late King James or shall claime or demand any Benefitt Title or Advantage thereby or by any Writing purporting any such Pardon or Grant shall (being lawfully convicted thereof) be taken deemed and adjudged to be guilty of High Treason and shall suffer and forfeit as in cases of High Treason And whosoever hath since the Eleventh Day of December One thousand six hundred eighty eight accepted received or taken any such Pardon or Grant of any Title or other Matter or Thing whatsoever shall and is hereby required on or before the Thirteenth Day of February One thousand six hundred ninety seven to deliver such Pardon or Grant to His Majesty in Council or to one of His Majesties Principal Secretaries of State in the presence of two or more credible Witnesses and in Default thereof shall (being lawfully convicted thereof) be taken deemed and adjudged to be guilty of High Treason and shall suffer and forfeit as in cases of High Treason.

VIII. Persons delivering up the same indemnified.

[X4 And be it further enacted by the Authority aforesaid That if any Person or Persons who hath taken accepted or concealed any such Pardon or Grant as aforesaid shall discover and deliver upp the same in manner aforesaid on or before the said Thirteenth Day of February hee or they shall not be punishable for procuring accepting receiving taking or concealing any such Grant or Pardon but shall hereby be wholly indemnified for the same.]

Editorial Information

X4 annexed to the Original Act in a separate Schedule.

IX. Persons indicted, &c. under this Act entitled to the Benefit of 7 & 8 W. III. c. 3.

And be it declared and enacted by the Authority aforesaid That all and every Person and Persons who shall hereafter be accused indicted or prosecuted for any thing made or declared Treason by this Act shall be intituled to the Benefitt of the Act of Parliament made in the Seventh Yeare of His now Majesties Reigne intituled An Act for regulateing of Tryals in Cases of Treason or Misprision of Treason.

X. Grants of Estates forfeited by this Act void.

And be it enacted by the Authority aforesaid That all Grants of any Estate which shall or may be forfeited by virtue of this Act shall be utterly void and of none Effect.