Declaration of Arbroath - What Stands and What is Myth

Letter dated 6 April 1320 at Arbroath Abbey, 39 barons and earls plus community of realm, to Pope John XXII. Scotland already independent. Bruce excommunicated. Needed Pope to recognise Scotland and him as King. Original in National Records of Scotland. UNESCO listed.

1320 principle: If King betrays kingdom and gives it to England, we drive him out and make another King. People boss King.

That principle became law in 1689 Claim of Right Act which is still law today. James VII forfeited throne for invading fundamental constitution. Estates offered Crown to William and Mary. People fired King.

1953 top Scottish judge Lord President Cooper in MacCormick v Lord Advocate: "The principle of the unlimited sovereignty of Parliament is a distinctively English principle which has no counterpart in Scottish constitutional law."

1989 Claim of Right on The Mound, 58 MPs, church, unions signed: "sovereign right of Scottish people to determine form of Government." Endorsed by both parliaments, reaffirmed unanimously Holyrood 2012.

So chain: 1320 idea -> 1689 law -> 1953 judge -> 1989 people -> devolution.

MYTH 1: Arbroath declared independence. 

No, defended existing independence.

MYTH 2: It was democratic. 

No, 39 barons, no common folk, no women. But saying community chooses King was radical in 1320.

MYTH 3: It gave modern democracy. 

No, but gave contractual monarchy - King on contract.

MYTH 4: America copied it. 

No proof. Similar ideas, no evidence Jefferson had it.

MYTH 5: Arbroath lets Holyrood call referendum tomorrow. 

No. Scotland Act 1998 Schedule 5 says Union reserved. Supreme Court 23 Nov 2022 says Holyrood cannot legislate referendum. Arbroath principle does not override that in UK courts today.

MYTH 6: It is in Treaty of Union 1707. 

No, not named, but spirit carried via 1689.

MYTH 7: Original lost. 

No, real one in Edinburgh.

MYTH 8: Says always fight England. 

No, says if King sells us we replace him, and offers crusade if peace.