Legislation
Act 22
Act anent the constitution of this parliament and all subsequent parliamentis

The estatis of parliament, presentlie conveind by his majesties speciall authoritie, considering this present parlieament was indicted by his majestie for ratifieing of such actis as should be concludit in the late assemblie of the kirke, for determining all civill materes and setling all such thingis as may conduce to the publicte good and peace of this kirke and kingdome, and considering the severall complaintis of this kirke wnto parliamentis from tyme to tyme, proceiding from hir continouall experience of prejudice and ruine throughe many persones, and speciallie of prelates, thair attempting to voyce or doe any thing in name of the kirke without ather beiring office in the kirke or haveing commissione from the kirke, and the actis of the lat generall assemblie condemning the office of beshopis, archebeshopis and other prelatis and the civill power and places of kirkmen, as thair voyceing and ryding in parliament, and craveing the abolishing of these actis of parliament which grantis to the kirke or kirkmen vote in parliament, to be abrogat as prejudiciall to hir liberties and incompatible with hir spirituall nature. Considering also that ther are conveind in this present parliament, by his majesties speciall indictione, warrand and authoritie, nobilitie, barrones and burgess, the estatis of this kingdome, who have a full and wndoubted power to proceed and determine in all materis concerneing the publict good of this kingdome and that notwithstanding of the absence of the prelatis, who by former lawes ware appoynted to be memberis of parliament and to the effect none presume to move any questione thairanent, the saidis estatis now conveind as said is have declaired and by these presents declaires this present parliament holdine be the nobilitie, barones and burgess and thair commissioneris, the trewe estatis of this kingdome, to be a compleit and perfyte parliament and to have the samene power, authoritie and jurisdictione as absolutlie and fullie as any parliament formerlie heath had within this kingdome in tyme bygone; and ordeanes all parliamentis heireftir to be constitute and to consist onlie in all tyme comeing of the noblemen, barronis and burgess as the memberis and thrie estatis of parliament, and reschindis and annullis all former laws and actis of parliament mad in favouris of whatsoever beshopis, archbeshopis, abbotis, pryoris or other prelatis or churchmen whatsoevir for thair ryding, sitting or voceing in parliament either as churchmen or as the clergie or in name of the church, or as representing the churche as ane state or member of parliament by reassone of thair ecclesiasticall offices, titles, dignities or benefices, and namlie the 231 act, parliament 15, James 6, 1597, anent the kirke, and speciallie parsonis and prelatis representing the third estat, and the 2 act, parliament 18, King James 6, 1606, anent the restitione of the estat of beshopis and thair representing the third esteat, with all actis and constitutiones of conventione, counsall or sessione and all practeises and customes whatsoevir in sua far as the same, or any clause thairof, tendis or may be extendit to the effect foirsaid, as being fund and declaired prejudiciall to the libertie of this kirke and kingdome and to the puritie of the trewe reformed religione thairine established; and prohibits all personis whatsomevir to call in questione the authoritie of this present parliament wpon whatsoevir pretext wnder the paine of treason.

  1. NAS, PA2/22, f.13r-13v.
  2. APS footnote: 'The warrants of this act and of many of the subsequent acts of this parliament originally set forth the enacting authority in the usual style, commencing, "Our sovereign lord and estates of parliament." They were altered before the passing of the acts to meet the circumstances under which the parliament was then assembled.'