THE INSTRUMENT OF GOVERNMENT (1653).

=Source.=--_Old Parliamentary History._ Vol. xx., p. 248.

THE GOVERNMENT OF THE COMMONWEALTH OF ENGLAND, SCOTLAND, AND IRELAND,

AND THE DOMINIONS THEREUNTO BELONGING.

I. 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.

II. That the exercise of the chief magistracy and the administration

of the government over the said countries and dominions, and the

people thereof, shall be in the Lord Protector, assisted with a

council, the number whereof shall not exceed twenty-one, nor be less

than thirteen.

* * * * *

IV. That the Lord Protector, the Parliament sitting, shall dispose

and order the militia and forces, both by sea and land, for the peace

and good of the three nations, by consent of Parliament; and that the

Lord Protector, with the advice and consent of the major part of the

council, shall dispose and order the militia for the ends aforesaid

in the intervals of Parliament.

V. That the Lord Protector, by the advice aforesaid, shall direct

in all things concerning the keeping and holding of a good

correspondency with foreign kings, princes, and states; and also,

with the consent of the major part of the council, have the power of

war and peace.

VI. That the laws shall not be altered, suspended, abrogated, or

repealed, nor any new law made, nor any tax, charge, or imposition

laid upon the people, but by common consent in Parliament, save only

as is expressed in the thirtieth article.

VII. That there shall be a Parliament summoned to meet at Westminster

upon the third day of September, 1654, and that successively a

Parliament shall be summoned once in every third year, to be

accounted from the dissolution of the present Parliament.

VIII. That neither the Parliament to be next summoned, nor any

successive Parliaments, shall, during the time of five months, to

be accounted from the day of their first meeting, be adjourned,

prorogued, or dissolved, without their own consent.

IX. That as well the next as all other successive Parliaments shall

be summoned and elected in manner hereafter expressed; that is to

say, the persons to be chosen within England, Wales, the Isles of

Jersey, Guernsey, and the town of Berwick-upon-Tweed, to sit and

serve in Parliament, shall be, and not exceed, the number of four

hundred. The persons to be chosen within Scotland, to sit and serve

in Parliament, shall be, and not exceed, the number of thirty; and

the persons to be chosen to sit in Parliament for Ireland shall be,

and not exceed, the number of thirty.

[Here follows a detailed schedule of redistribution.]

XIV. That all and every person and persons, who have aided, advised,

assisted, or abetted in any war against the Parliament, since the

first day of January, 1641 (unless they have been since in the

service of the Parliament, and given signal testimony of their good

affection thereunto), shall be disabled and incapable to be elected;

or to give any vote in the election of any members to serve in the

next Parliament, or in the three succeeding Triennial Parliaments.

* * * * *

XVII. That the persons who shall be elected to serve in Parliament,

shall be such (and no other than such) as are persons of known

integrity, fearing God, and of good conversation, and being of the

age of twenty-one years.

XVIII. That all and every person and persons seised or possessed to

his own use, of any estate, real or personal, to the value of £200,

and not within the aforesaid exceptions, shall be capable to elect

members to serve in Parliament for counties.

* * * * *

XX. That in case writs be not issued out, as is before expressed,

but that there be a neglect therein, fifteen days after the time

wherein the same ought to be issued out by the Chancellor, Keeper,

or Commissioners of the Great Seal; that then the Parliament shall,

as often as such failure shall happen, assemble and be held at

Westminster, in the usual place, at the times prefixed.

* * * * *

XXIV. That all Bills agreed unto by the Parliament, shall be

presented to the Lord Protector for his consent; and in case he shall

not give his consent thereto within twenty days after they shall be

presented to him, or give satisfaction to the Parliament within the

time limited, that then, upon declaration of the Parliament that

the Lord Protector hath not consented nor given satisfaction, such

Bills shall pass into and become laws, although he shall not give

his consent thereunto; provided such Bills contain nothing in them

contrary to the matters contained in these presents.

* * * * *

XXVII. That a constant yearly revenue shall be raised, settled, and

established for maintaining of 10,000 horse and dragoons, and 20,000

foot, in England, Scotland and Ireland, for the defence and security

thereof, and also for a convenient number of ships for guarding

of the seas; besides £200,000 per annum for defraying the other

necessary charges of administration of justice, and other expenses

of the Government, which revenue shall be raised by the customs,

and such other ways and means as shall be agreed upon by the Lord

Protector and the Council, and shall not be taken away or diminished,

nor the way agreed upon for raising the same altered, but by the

consent of the Lord Protector and the Parliament.

* * * * *

XXXII. That the office of Lord Protector over these nations shall

be elective and not hereditary; and upon the death of the Lord

Protector, another fit person shall be forthwith elected to succeed

him in the Government; which election shall be by the Council, who,

immediately upon the death of the Lord Protector, shall assemble in

the Chamber where they usually sit in Council; and, having given

notice to all their members of the cause of their assembling, shall,

being thirteen at least present, proceed to the election; and, before

they depart, the said Chamber shall elect a fit person to succeed

in the Government, and forthwith cause proclamation thereof to be

made in all the three nations as shall be requisite; and the persons

that they, or the major part of them, shall elect as aforesaid,

shall be, and shall be taken to be, Lord Protector over these

nations of England, Scotland, and Ireland, and the dominions thereto

belonging. Provided that none of the children of the late King, nor

any of his line or family, be elected to be Lord Protector or other

Chief Magistrate over these nations, or any the dominions thereto

belonging. And until the aforesaid election be past, the Council

shall take care of the Government, and administer in all things as

fully as the Lord Protector, or the Lord Protector and Council are

enabled to do.

XXXIII. That Oliver Cromwell, Captain-General of the forces of

England, Scotland and Ireland, shall be, and is hereby declared to

be, Lord Protector of the Commonwealth of England, Scotland and

Ireland, and the dominions thereto belonging, for his life.

* * * * *

XXXVII. That such as profess faith in God by Jesus Christ (though

differing in judgment from the doctrine, worship or discipline

publicly held forth) shall not be restrained from, but shall be

protected in, the profession of the faith and exercise of their

religion; so as they abuse not this liberty to the civil injury of

others and to the actual disturbance of the public peace on their

parts: provided this liberty be not extended to Popery or Prelacy,

nor to such as, under the profession of Christ, hold forth and

practise licentiousness.

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