(Redirected from Claim of Right)
The 'Claim of Right' is an
Act passed by the
Parliament of Scotland in April
1689. It is one of the key documents of
Scottish constitutional law.
In the
Glorious Revolution,
William of Orange landed with his army in
England on
November 5,
1688. King
James VII of Scotland, who was also
King of England and
Ireland as James II, attempted to resist the invasion. He then sent representatives to negotiate, and he finally fled England on
December 23,
1688.
Whilst the
Convention Parliament in England declared that James, as King of England, had abdicated the Government, and issued a
Declaration of Right on
February 13,
1689 offering the Crown of England to William and
Mary, the Scots found themselves facing a more difficult constitutional problem. As James had not been present in
Scotland during the crisis and had not fled from Scottish territory in December, it would be highly dubious to claim that he had 'abdicated' the Scottish throne. Therefore, a Convention of the Scottish Estates approved the Claim of Right on
November 4, 1689, enumerating what they saw as the contemporary requirements of Scottish constitutional law. It also declared that, because of his actions in violation of these laws, James had forfeited the Scottish throne. It proceded to offer the crown to William and Mary, who accepted it at Whitehall on
November 5, 1689, and were proclaimed King and Queen of the Scots as William II and Mary II.
See also
★
English Bill of Rights