Instrument of Government
| Instrument of Government | |
|---|---|
| Overview | |
| Original title | The Government of the Commonwealth of England, Scotland and Ireland and the Dominions thereunto belonging |
| Jurisdiction | Commonwealth of England, Scotland and Ireland
|
| Presented | 15 December 1653 |
Executive | Lord Protector, Council of State |
| First legislature | 3 September 1654 |
| Repealed | 25 May 1657 (superseded by Humble Petition and Advice) |
| Author(s) | John Lambert |
| Supersedes | Barebone's Parliament |
The Instrument of Government was a
Antecedence
The Instrument of Government included elements incorporated from an earlier document, "
On 4 January 1649, the
On 17 March, the Rump passed an act abolishing the monarchy and two days later an act abolishing the House of Lords. On 19 May 1649 the Rump passed An Act declaring England to be a Commonwealth.[3] 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 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 Privy Councils, 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
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
See also
- Provisions of Oxford (1258)
- The Heads of Proposals and the Putney Debates (1647)
Notes
References
- Far, David (2006). Henry Ireton and the English Revolution, Boydell Press, 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 978-0-7190-5392-4
- Washington, George (2008). American Historical Documents 1000–1904, Wildside Press LLC, 2008. ISBN 978-1-4344-7343-1
Further reading
