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Instrument of Government

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The Instrument of Government was a landmark document in political history. It served as the first codified and written constitution for the Commonwealth of England, Scotland, and Ireland.

Coat of Arms of the Commonwealth of England, Scotland and Ireland
Coat of Arms of the Commonwealth of England, Scotland and Ireland

A constitution is a formal set of rules that defines how a government operates. This document was significant because it moved away from the traditional rule of monarchs. Instead, it established a structured system of shared powers. It aimed to create a stable way to govern these three nations together.

The document functioned by dividing government authority into three distinct branches. The first branch held executive power, which was assigned to the Lord Protector. This leader was intended to hold the office for life, though the position was elective rather than hereditary. The second branch held legislative power, which resided in a unicameral Parliament. A unicameral system means there was only one house of lawmakers rather than two. The third branch was the English Council of State. This council consisted of about twenty members who provided essential advice to the executive.

These branches were designed to work together through a system of checks and balances. For example, the Lord Protector had the authority to veto a bill passed by Parliament. However, if a second majority vote occurred after twenty days, the bill could still pass. The Council of State also held significant influence over the Lord Protector's actions. Many major decisions, such as declaring war or making peace, required a majority consent from the council. The council also had the power to nominate ministers and elect a new Lord Protector after a death.

The history of this constitution began with several earlier political shifts. In 1647, the Army Council offered a set of constitutional proposals called the Heads of Proposals. Although King Charles I rejected these, the ideas remained influential. Later, on January 4, 1649, the Rump Parliament declared that supreme power resided in the people and the House of Commons. This led to the abolition of the monarchy and the House of Lords. By May 1649, England was officially declared a Commonwealth, meaning it would be governed without a King.

Major-General John Lambert drafted the Instrument of Government in 1653. The Council of Officers adopted the document on December 15, 1653. The very next day, Oliver Cromwell was installed as the first Lord Protector. The document also included very specific military requirements for national security. It authorized a standing army consisting of 10,000 cavalry, known as horse and dragoons, and 20,000 infantry, or foot soldiers. Additionally, it provided for a navy to guard the seas, though it did not specify a set number of ships.

There were strict rules regarding who could participate in the new government. To be an elector, a person was required to hold property worth at least £200. The constitution also placed specific restrictions on who could hold office or vote. For instance, Royalists and Catholics were disbarred from election or voting. Parliament was also required to follow a strict schedule. It had to be called triennially, meaning every three years, and each session had to last at least five months.

The Instrument of Government did not remain in power indefinitely. In January 1655, Oliver Cromwell dissolved the Parliament. This led to a period of military rule led by the Major Generals. Eventually, the document was replaced in May 1657 by a new constitution called the Humble Petition and Advice. Despite its short life, the document has lasting connections to other parts of the world. Because English settlers had established colonies in North America by 1607 and 1620, the United States sometimes views this document as part of its own political and legal heritage.

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