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2025-05-06T04:34:27Z

Further reading

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{{short description|1653 constitution of England, Scotland and Ireland}}
{{other uses}}
{{EngvarB|date=June 2017}}
{{Use dmy dates|date=June 2017}}
{{Infobox constitution
|document_name = Instrument of Government
|orig_lang_code = en
|title_orig = The Government of the Commonwealth of England, Scotland and Ireland and the Dominions thereunto belonging
|jurisdiction = Commonwealth of England, Scotland and Ireland
*England
*[[Scotland under the Commonwealth|Scotland]]
*Ireland
*[[English overseas possessions|Other dominions]]
|date_presented = 15 December 1653
|date_effective = 16 December 1653<br/>(Installation of the Lord Protector)
|executive = Lord Protector, Council of State
|chambers = Unicameral (House of Commons)
|date_legislature = 3 September 1654
|date_repealed = 25 May 1657 (superseded by [[Humble Petition and Advice]])
|writer = [[John Lambert (general)|John Lambert]]
|supersedes = [[Barebone's Parliament]]
}}
[[File:Coat of Arms of the Commonwealth of England, Scotland and Ireland.svg|250px|right|thumb|Coat of Arms of the Commonwealth of England, Scotland and Ireland, used 1654–1655.]]

The '''Instrument of Government''' was the first [[constitution]] of the [[Commonwealth of England#Protectorate, 1653–1659|Commonwealth of England, Scotland and Ireland]] and was also the first codified and written constitution in England. It was drafted by [[John Lambert (General)|Major-General John Lambert]] in 1653.

==Antecedence==
The ''Instrument of Government'' included elements incorporated from an earlier document, "[[Heads of Proposals]]",<ref>Tyacke [https://books.google.com/books?id=McvcmiZ6h8gC&dq=%22Heads+of+Proposals%22+++%22Instrument+of+Government%22&pg=PA69 p. 69]</ref><ref>Farr [https://books.google.com/books?id=MmxFHPk0MSUC&dq=%22Heads+of+Proposals%22+++%22Instrument+of+Government%22&pg=PA81 pp. 80, 81]. See ''Declaration of Representation'' of 14 June 1647</ref> a set of propositions that had been agreed to by the [[Army Council (1647)|Army Council]] in 1647, intended to be a basis for a constitutional settlement after [[Charles I of England|King Charles I]] was defeated in the [[First English Civil War]]. Charles had rejected the propositions, but before the start of the Second Civil War the [[Grandee (New Model Army)|"Grandees"]] (senior officers opposing the Leveller faction) of the [[New Model Army]] had presented the ''Heads of Proposals'' as their alternative to the more radical [[Agreement of the People]] presented by the Agitators and their civilian supporters at the [[Putney Debates]].

On 4 January 1649, the [[Rump Parliament]] declared "that the people are, under God, the original of all just power; that the Commons of England, being chosen by and representing the people, have the supreme power in this nation".<ref name=Fritze>Fritze, [https://books.google.com/books?id=8goko0Lpr5sC&pg=PA118 p. 228]</ref> This was used as the basis for the House of Commons to pass acts of parliament which did not have to be passed by the House of Lords or receive royal assent. Two days later the Rump alone passed the act creating the high court of justice that would try Charles as a traitor.<ref name=Fritze/> Charles was [[High Court of Justice for the trial of Charles I|tried and executed]] later that month.

On 17 March, the Rump passed an [[Act abolishing the kingship|act abolishing the monarchy]] and two days later an act abolishing the House of Lords. On 19 May 1649 the Rump passed [[s:Act declaring England to be a Commonwealth|An Act declaring England to be a Commonwealth]].<ref name=Fritze/> It was a simple declaration that Parliament would appoint "Officers and Ministers under them for the good of the People... without any King or House of Lords".

==Provisions==
The ''[[wikisource:Instrument_of_Government,_1653|Instrument of Government]]'' split the government of England across three elements.

*[[Executive power]] was held by the [[Lord Protector]]. Although this post was elective, not hereditary, appointment was to be held for life.
*Legislation was raised in Parliament. These had to be called triennially, with each sitting for at least five months.
*An [[English Council of State]] of around twenty members to provide advice in the same manner as former [[Privy Council]]s, though with strengthened powers, so that many of the actions taken by the Lord Protector require the consent of a majority of the council; examples include the use of military when parliament is not sitting (IV) and declaring war and peace (V). The council also nominates ministers (XXXIV) and elects the Lord Protector upon the death of the previous one (XXXII).

Thus the Lord Protector was far from an absolute ruler, with his powers limited in many areas. All three branches of government had checks upon each other, with the Lord Protector having the authority to veto a bill from Parliament, but a second majority vote after twenty days would pass the bill (XXIV).

The instrument declared, "That the supreme legislative authority of the Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging, shall be and reside in one person, and the people assembled in Parliament: the style of which person shall be the Lord Protector of the Commonwealth of England, Scotland, and Ireland".

Provision for a standing army was made "of 10,000 horse and dragoons, and 20,000 foot, in England, Scotland and Ireland, for the defence and security thereof" and "a convenient number of ships for guarding of the seas" (XXVII).

The instrument defined the numbers of MPs to be elected to parliament but at the same time disbarred Royalists from election and temporarily from voting (XIV) and Catholics from election or voting (XV).

Electors needed to hold property holding of at least £200.

==Adoption and replacement==
The ''Instrument of Government'' was adopted by the [[Council of Officers]] on 15 December 1653 and [[Oliver Cromwell]] was installed as [[Lord Protector]] on the following day. In January 1655, Cromwell dissolved the [[first Protectorate Parliament]], ushering in a period of [[Military dictatorship|military rule]] by the [[Rule of the Major-Generals|Major Generals]].

The ''Instrument of Government'' was replaced in May 1657 by England's second, and last, codified constitution, the [[Humble Petition and Advice]].

==Influence on the American constitution==
Since North America had already been [[colonised]] by the [[Kingdom of England|English]]—in 1607, at [[Jamestown, Virginia|Jamestown]], and in 1620, at [[Plymouth, Massachusetts|Plymouth]]—the United States has sometimes claimed this historic document as a part of its political, legal, and historic heritage.<ref>Washington, [https://books.google.com/books?id=94W2jll2wgYC&dq=American+constitution++%22Instrument+of+Government%22+1653&pg=RA1-PA113 p. 113]</ref>

==See also==
*[[Provisions of Oxford]] (1258)
*The [[Heads of Proposals]] and the [[Putney Debates]] (1647)

==Notes==
{{reflist|30em}}

==References==
*Far, David (2006). ''Henry Ireton and the English Revolution'', Boydell Press, {{ISBN|1-84383-235-6}}, {{ISBN|978-1-84383-235-5}}
*Fritze, Ronald H. & Robison, William B. (1996). ''Historical dictionary of Stuart England, 1603–1689'', Greenwood Publishing Group, {{ISBN|0-313-28391-5}}
*Tyacke, Nicholas (2001). ''Aspects of English Protestantism, c. 1530–1700'', Manchester University Press, {{ISBN|0-7190-5392-7}}, {{ISBN|978-0-7190-5392-4}}
*Washington, George (2008). ''American Historical Documents 1000–1904'', Wildside Press LLC, 2008. {{ISBN|1-4344-7343-0}}, {{ISBN|978-1-4344-7343-1}}

==Further reading==
{{Wikisource|An Act declaring England to be a Commonwealth|An Act declaring England to be a Commonwealth 19 May 1649}}
{{wikisource|Instrument of Government, 1653}}
*[https://sourcebooks.fordham.edu/mod/1653intrumentgovt.asp Modern History Sourcebook: Commonwealth Instrument of Government, 1653]

{{UK legislation}}

[[Category:1653 works]]
[[Category:1653 in law]]
[[Category:Defunct constitutions]]
[[Category:English laws]]
[[Category:Political history of England]]
[[Category:Republicanism in the United Kingdom]]
[[Category:English Civil War]]
[[Category:1653 in England]]
[[Category:Political charters]]
[[Category:Republicanism in England]]
[[Category:Legal history of England]]
[[Category:17th-century documents]]

Instrument of Government - Revision history

80.76.161.250: /* Further reading */