Claim of Right Act 1689


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.


Contents

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

  1. ^ a b Lynch, Michael (1992). Scotland: A New History. Pimlico. p. 302. ISBN 0-7126-9893-0. 
  2. ^ "Claim of Right". Wikisource. http://en.wikisource.org/wiki/Claim_of_Right. Retrieved 2008-07-20. 
  3. ^ Harris, Tim Revolution: The Great Crisis of the British Monarchy 1685-1720 Allen Lane (2006) pp401-402

External links


Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Claim of Right (disambiguation) — Claim of Right can refer to: Claim of Right Act 1689, an Act of the Parliament of Scotland, confirming the succession to the throne of William II and Mary II following the Glorious Revolution in England Claim of Right 1989, a document crafted by… …   Wikipedia

  • Claim of Right 1989 — Scotland This article is part of the series: Politics and government of Scotland …   Wikipedia

  • Crown and Parliament Recognition Act 1689 — William III. Mary II …   Wikipedia

  • Right to keep and bear arms — The right to keep and bear arms, RKBA, [ [http://acronyms.thefreedictionary.com/rkba What does RKBA stand for? Acronyms and abbreviations by the Free Online Dictionary.] ] or right to bear arms is the concept that people, individually or… …   Wikipedia

  • Act of Settlement 1701 — The Act of Settlement is an act of the Parliament of England, originally filed in 1700, and passed in 1701, to settle the succession to the English throne on the Electress Sophia of Hanoverndash a granddaughter of James Indash and her Protestant… …   Wikipedia

  • Bill of Rights 1689 — Parliament of England Long title An Act declareing the Rights and Liberties of the Subject and Setleing the Succession of the Crowne. Statute book chapter 1 Will Mary Sess 2 c 2 …   Wikipedia

  • Human Rights Act 1998 — Infobox UK Legislation short title= Human Rights Act 1998 parliament=United Kingdom Parliament long title=An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with… …   Wikipedia

  • Constitution Act, 1867 — Constitution of Canada This article is part of a series Constitutional history …   Wikipedia

  • Quartering Act — is the name of at least two acts of the Parliament of Great Britain. Quartering Act of 1765 Lieutenant General Thomas Gage, the commander in Chief of British North American forces, and other British officers who had fought in the French and… …   Wikipedia

  • History of the British line of succession — A history of the British line of succession, showing its state immediately prior to the death of each monarch. Normally, only the first ten people are listed here. Ethelred the UnreadyOn the day of Ethelred the Unready s death, 23rd April, 1016,… …   Wikipedia


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.