Everything about Claim Of Right Act 1689 totally explained
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.
Background
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 hadn't been present in
Scotland during the crisis and hadn't fled from Scottish territory in December, it would be highly dubious to claim that he'd '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 proceeded 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.
Further Information
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