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 .
LONG TITLE The Declaration of the Estates of the Kingdom of Scotland containing the Claim of Right and the offer of the Croune to the King and Queen of England.
CITATION 1689 c. 28
TERRITORIAL EXTENT Kingdom of Scotland
STATUS: CURRENT LEGISLATION
TEXT OF STATUTE AS ORIGINALLY ENACTED
REVISED TEXT OF STATUTE AS AMENDED
* 1 Background * 2 Process * 3 References * 4 External links
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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.
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. 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".
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.
* ^ A B Lynch, Michael (1992). Scotland: A New History. Pimlico. p. 302. ISBN 0-7126-9893-0 . * ^ Wikisource:Claim of Right * ^ Harris, Tim Revolution: The Great Crisis of the British Monarchy 1685-1720 Allen Lane (2006)