Claim of Right Act 1689
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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 Scotland as William II and Mary II.
