Instrument of Government

For other uses, see Instrument of Government (disambiguation).

Instrument of Government
Dates
Parliament of England
Long title	The Government of the Commonwealth of England, Scotland and Ireland and the Dominions thereunto belonging
Introduced by	John Lambert
Territorial extent	England Scotland Ireland Other dominions
Royal Assent	15 December 1653
Commencement	16 December 1653 Installation of the Lord Protector
Repealed	25 May 1657
Other legislation
Repealed by	Humble Petition and Advice
Status: Repealed

Coat of Arms of the Commonwealth of England, Scotland and Ireland used 1654-5.

The Instrument of Government was a constitution of the Commonwealth of England, Scotland and Ireland. Drafted by Major-General John Lambert in 1653, it was the first sovereign codified and written constitution in England.

Antecedence

The Instrument of Government included elements incorporated from an earlier document "Heads of Proposals",^[1]^[2] which had been agreed to by the Army Council in 1647, as set of propositions intended to be a basis for a constitutional settlement after 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 Grandees 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".^[3] This was used to as the basis for the House of Commons to pass acts of parliament which did not have be to 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.^[3] Charles was tried and executed later that month.

On 17 March the Rump passed an act abolishing the monarchy and two days later an act abolishing the House of Lords. On 29 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".

Articles

The Instrument of Government granted executive power to the Lord Protector. Although this post was elective, not hereditary, it was to be held for life. It also required the calling of triennial Parliaments, with each sitting for at least five months.

Adoption and replacement

The Instrument of Government was adopted 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 rule by the 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 America had already been colonized by the English—in 1607, at Jamestown, and in 1620, at Plymouth—the United States has sometimes claimed this historic document as a part of its political, legal, and historic heritage.^[4]

Notes

↑ Tyacke p. 69
↑ Farr pp. 80,81. See Declaration of Representation of 14 June 1647
1 2 3 Fritze, p. 228
↑ Washington, p. 113

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

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

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