Claim of Right Act 1689

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 5 November 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 23 December 1688.

Whilst the Convention Parliament in England declared that James, as King of England, had abdicated the Government, and issued an English Bill of Rights on 13 February 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.

Process

Therefore, a Convention of the Scottish Estates met to consider letters received on 16 March 1689 from the two contenders for the Crown. On 4 April they voted to remove James VII from office, drawing on George Buchanan's argument on the contractual nature of monarchy.^[1]

Later that month, the Convention adopted the Claim of Right and the Article of Grievances, 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.^[2]. The effect of the Claim of Right was to "bolster the position of parliament within the Scottish constitution at the expense of the royal prerogative"^[3].

The Convention proceeded to offer the crown on the basis of these documents to William and Mary, who accepted it on 11 May 1689, and were proclaimed King and Queen of the Scots as William II and Mary II, though with subsequent controversy over whether the Claim of Right articles against Episcopacy were fully accepted by the new monarchy.^[1]

References

External links

• Official text of the Claim of Right Act 1689 as amended and in force today within the United Kingdom, from the UK Statute Law Database

v · d · eUnited Kingdom legislation Pre-Parliamentary legislation List of English statutes Acts of Parliament by states preceding the Kingdom of Great Britain Acts of the Parliament of England to 1483 · 1485–1601 · 1603–1641 · Interregnum (1642–1660) · 1660–1699 · 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 · 1701–1800 Acts of Parliament of the Kingdom of Great Britain 1707–1719 · 1720–1739 · 1740–1759 · 1760–1779 · 1780–1800 Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland 1801–1819 · 1820–1839 · 1840–1859 · 1860–1879 · 1880–1899 · 1900–1919 · 1920–1939 · 1940–1959 · 1960–1979 · 1980–1999 · 2000 to date Church of England Measures List · Church of England Assembly (Powers) Act 1919 Legislation of devolved institutions Acts of the Scottish Parliament Acts and Measures of the Welsh Assembly Acts of the Northern Ireland Assembly / of the Northern Ireland Parliament Orders in Council for Northern Ireland Secondary legislation United Kingdom Statutory Instruments · Scottish Statutory Instruments · Act of Sederunt