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COMMONWEALTH
INSTRUMENT OF GOVERNMENT
December 16, 1653 |
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Source: Harvard classics series, 1909; © Paul Halsall, August 1998
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.
III. That all writs, processes, commissions,
patents, grants, and other things, which now run in the name and style of the
keepers of the liberty of England by authority of Parliament, shall run in the
name and style of the Lord Protector, from whom, for the future, shall be
derived all magistracy and honours in these three nations; and have the power
of pardons (except in case of murders and treason) and benefit of all
forfeitures for the public use; and shall govern the said countries and
dominions in all things by the advice of the council, and according to these
presents and the laws.
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suspended, abrogated, or repealed, nor any new law made, nor any tax, charge,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.
X. That the persons to be elected to sit in
Parliament from time to time, for the several counties of England, Wales, the
Isles of Jersey and Guernsey, and the town of Berwick-upon-Tweed, and all
places within the same respectively, shall be according to the proportions and
numbers hereafter expressed: that is to say,
Bedfordshire,
5; Bedford Town, 1; Berkshire, 5; Abingdon, 1; Reading, 1; Buckinghamshire, 5;
Buckingham Town, 1; Aylesbury, 1; Wycomb, 1; Cambridgeshire, 4; Cambridge Town,
1; Cambridge University, 1; Isle of Ely, 2; Cheshire, 4; Chester, 1; Cornwall,
8; Launceston, 1; Truro, 1; Penryn, 1; East Looe and West Looe, 1; Cumberland,
2; Carlisle, 1; Derbyshire, 4; Derby Town, 1; Devonshire, 11; Exeter, 2;
Plymouth, 2; Clifton, Dartmouth, Hardness, 1; Totnes, 1; Barnstable, 1;
Tiverton, 1; Honiton, 1; Dorsetshire, 6; Dorchester, 1; Weymouth and
Melcomb-Regis, 1; Lyme-Regis, 1; Poole, 1; Durham, 2; City of Durham, 1; Essex,
13; Malden, 1; Colchester, 2; Gloucestershire, 5; Gloucester, 2; Tewkesbury, 1;
Cirencester, 1; Herefordshire, 4; Hereford, 1; Leominster, 1; Hertfordshire, 5;
St. Alban's, 1; Hertford, 1; Huntingdonshire, 3; Huntingdom, 1; Kent, 11;
Canterbury, 2; Rochester, 1; Maidstone, 1; Dover, 1; Sandwich, 1; Queenborough,
1; Lancashire, 4; Preston, 1; Lancaster, 1; Liverpool, 1; Manchester, 1;
Leicestershire, 4; Leicester, 2; Lincolnshire, 10; Lincoln, 2; Boston, 1;
Grantham, 1; Stamford, 1; Great Grimsby, 1; Middlesex, 4; London, 6;
Westminster, 2; Monmouthshire, 3; Norfolk, 10; Norwich, 2; Lynn - Regis, 1;
Great Yarmouth, 2; Northamptonshire, 6; Peterborough, 1; Northampton, 1;
Nottinghamshire, 4; Nottingham, 2; Northumberland, 3; Newcastle - upon - Tyne,
1; Berwick, 1; Oxfordshire, 5; Oxford City, 1; Oxford Univeristy, 1; Woodstock,
1; Rutlandshire, 2; Shropshire, 4; Shrewsbury, 2; Bridgnorth, 1; Ludlow, 1;
Staffordshirec 3; Lichfield, 1; Stafford, I: Newcastle - under - Lyme, 1;
Somersetshire, 11; Bristol, 2; Taunton, 2; Bath, 1; Wells, 1; Bridgwater, 1;
Southamptonshire, 8; Winchester, 1; Southampton, 1; Portsmouth, 1; Isle of
Wight, 2; Andover, 1; Suffolk, 10; Ipswick, 2; Bury St. Edmunds, 2; Dunwich, 1;
Sudbury, 1; Surrey, 6; Southwark, 2; Guildford, 1; Reigate, 1; Sussex, 9;
Chichester, 1; Lewes, 1; East Grinstead, 1; Arundel, 1; Rye, 1; Westmoreland,
2; Warwickshire, 4; Coventry, 2; Warwick, 1; Wiltshire, 10; New Sarum, 2;
Marlborough, 1; Devizes, 1; Worcestershire, 5; Worcester, 2. Yorkshire. - West
Riding, 6; East Riding, 4; North Riding, 4; City of York; 2;
Kingston-upon-Hull, 1; Beverley, 1; Scarborough, 1; Richmond, 1; Leeds, 1;
Halifax, 1; Wales-Anglesey, 2; Brecknockshire, 2; Cardiganshire; 2;
Carmarthenshire, 2; Carnarvonshire, 2; Denbighshire, 2; Flintshire, 2;
Glamorganshire, 2; Cardiff, 1; Merionethshire, 1; Montgomeryshire, 2;
Pembrokeshire, 2; Haverfordwest, 1; Radnorshire, 2.
The distribution of the persons to be chosen
for Scotland and Ireland, and the several counties, cities, and places therein,
shall be according to such proportions and number as shall be agreed upon and
declared by the Lord Protector and the major part of the council, before the
sending forth writs of summons for the next Parliament.
XI. That the summons to Parliament shall be by
writ under the Great Seal of England, directed to the sheriffs of the several
and respective counties, with such alteration as may suit with the present
government, to be made by the Lord Protector and his council, which the
Chancellor, Keeper, or Commissioners of the Great Seal shall seal, issue, and
send abroad by warrant from the Lord Protector. If the Lord Protector shall not
give warrant for issuing of writs of summons for the next Parliament, before
the first of June, 1654, or for the Triennial Parliaments, before the first day
of August in every third year, to be accounted as aforesaid; that then the
Chancellor, Keeper, or Commissioners of the Great Seal for the time being,
shall, without any warrant or direction, within seven days after the said first
day of June, 1654, seal, issue, and send abroad writs of summons (changing
therein what is to be changed as aforesaid) to the several and respective
sheriffs of England, Scotland, and Ireland, for summoning the Parliament to
meet at Westminster, the third day of September next; and shall likewise,
within seven days after the said first day of August, in every third year, to
be accounted from the dissolution of the precedent Parliament, seal, issue, and
send forth abroad several writs of summons (changing therein what is to be
changed) as aforesaid, for summoning the Parliament to meet at Westminster the
sixth of November in that third year. That the said several and respective
sheriffs, shall, within ten days after the receipt of such writ as aforesaid,
cause the same to be proclaimed and published in every market - town within his
county upon the market - days thereof, between twelve and three of the clock;
and shall then also publish and declare the certain day of the week and month,
for choosing members to serve in Parliament for the body of the said county,
according to the tenor of the said writ, which shall be upon Wednesday five
weeks after the date of the writ; and shall likewise declare the place where
the election shall be made: for which purpose he shall appoint the most
convenient place for the whole county to meet in; and shall send precepts for
elections to be made in all and every city, town, borough, or place within his
county, where elections are to be made by virtue of these presents, to the
Mayor, Sheriff, or other head officer of such city, town, borough, or place,
within three days after the receipt of such writ and writs; which the said
Mayors, Sheriffs, and officers respectively are to make publication of, and of
the certain day for such elections to be made in the said city, town, or place
aforesaid, and to cause elections to be made accordingly.
XII. That at the day and place of elections,
the Sheriff of each county, and the said Mayors, Sheriffs, Bailiffs, and other
head officers within their cities, towns, boroughs, and places respectively,
shall take view of the said elections, and shall make return into the chancery
within twenty days after the said elections, of the persons elected by the
greater number of electors, under their hands and seals, between him on the
part, and the electors on the other part; wherein shall be contained, that the
persons elected shall not have power to alter the government as it is hereby
settled in one single person and a Parliament.
XIII. That the Sheriff, who shall wittingly and
willingly make any false return, or neglect his duty, shall incur the penalty
of 2000 marks of lawful English money; the one moiety to the Lord Protector,
and the other moiety to such person as will sue for the same.
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.
XV. That all such, who have advised, assisted,
or abetted the rebellion of Ireland, shall be disabled and incapable for ever
to be elected, or give any vote in the election of any member to serve in
Parliament; as also all such who do or shall profess the Roman Catholic
religion.
XVI. That all votes and elections given or made
contrary, or not according to these qualifications, shall be null and void; and
if any person, who is hereby made incapable, shall give his vote for election
of members to serve in Parliament, such person shall lose and forfeit one full
year's value of his real estate, and one full third part of his personal
estate; one moiety thereof to the Lord Protector, and the other moiety to him
or them who shall sue for the same.
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 pounds, and not within the aforesaid exceptions, shall be capable
to elect members to serve in Parliament for counties.
XIX. That the Chancellor, Keeper, or
Commissioners of the Great Seal, shall be sworn before they enter into their
offices, truly and faithfully to issue forth, and send abroad, writs of summons
to Parliament, at the times and in the manner before expressed: and in case of
neglect or failure to issue and send abroad writs accordingly, he or they shall
for every such offence be guilty of high treason, and suffer the pains and
penalties thereof.
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, in manner and by the means hereafter expressed;
that is to say, that the sheriffs of the several and respective counties,
sheriffdoms, cities, boroughs, and places aforesaid, within England, Wales,
Scotland, and Ireland, the Chancellor, Masters, and Scholars of the
Universities of Oxford and Cambridge, and the Mayor and Bailiffs of the borough
of Berwick - upon - Tweed and other places aforesaid respectively, shall at the
several courts and places to be appointed as aforesaid, within thirty days
after the said fifteen days, cause such members to be chosen for their said
several and respective counties, sheriffdoms, universities, cities, boroughs,
and places aforesaid, by such persons, and in such manner as if several and
respective writs of summons to Parliament under the Great Seal had issued and
been awarded according to the tenor aforesaid: that if the sheriff, or other
persons authorized, shall neglect his or their duty herein, that all and every
such sheriff and person authorized as aforesaid, so neglecting his or their
duty, shall, for every such offence, be guilty of high treason, and shall
suffer the pains and penalties thereof.
XXI. That the clerk, called the clerk of the
Commonwealth in Chancery for the time being, and all others, who shall
afterwards execute that office, to whom the returns shall be made, shall for
the next Parliament, and the two succeeding Triennial Parliaments, the next day
after such return, certify the names of the several persons so returned, and of
the places for which he and they were chosen respectively, unto the Council;
who shall peruse the said returns, and examine whether the persons so elected
and returned be such as is agreeable to the qualifications, and not disabled to
be elected: and that every person and persons being so duly elected, and being
approved of by the major part of the Council to be persons not disabled, but
qualified as aforesaid, shall be esteemed a member of Parliament, and be
admitted to sit in Parliament, and not otherwise.
XXII. That the persons so chosen and assembled
in manner aforesaid, or any sixty of them, shall be, and be deemed the
Parliament of England, Scotland, and Ireland; and the supreme legislative power
to be and reside in the Lord Protector and such Parliament, in manner herein
expressed.
XXIII. That the Lord Protector, with the advice
of the major part of the Council, shall at any other time than is before
expressed, when the necessities of the State shall require it, summon
Parliaments in manner before expressed, which shall not be adjourned,
prorogued, or dissolved without their own consent, during the first three
months of their sitting. And in case of future war with any foreign State, a
Parliament shall be forthwith summoned for their advice concerning the same.
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.
XXV. That Henry Lawrence, Esq., &c., [The names of fifteen members are given here]
or any seven of them, shall be a Council for the purposes expressed in this
writing; and upon the death or other removal of any of them, the Parliament
shall nominate six persons of ability, integrity, and fearing God, for every
one that is dead or removed; out of which the major part of the Council shall
elect two, and present them to the Lord Protector, of which he shall elect one;
and in case the Parliament shall not nominate within twenty days after notice
given unto them thereof, the major part of the Council shall nominate three as
aforesaid to the Lord Protector, who out of them shall supply the vacancy; and
until this choice be made, the remaining part of the Council shall execute as
fully in all things, as if their number were full. And in case of corruption,
or other miscarriage in any of the Council in their trust, the Parliament shall
appoint seven of their number, and the Council six, who, together with the Lord
Chancellor, Lord Keeper, or Commissioners of the Great Seal for the time being,
shall have power to hear and determine such corruption and miscarriage, and to
award and inflict punishment, as the nature of the offence shall deserve, which
punishment shall not be pardoned or remitted by the Lord Protector; and, in the
interval of Parliaments, the major part of the Council, with the consent of the
Lord Protector, may, for corruption or other miscarriage as aforesaid, suspend
any of their number from the exercise of their trust, if they shall find it
just, until the matter shall be heard and examined as aforesaid.
XXVI. That the Lord Protector and the major
part of the Council aforesaid may, at any time before the meeting of the next
Parliament, add to the Council such persons as they shall think fit, provided
the number of the Council be not made thereby to exceed twenty - one, and the
quorum to be proportioned accordingly by the Lord Protector and the major part
of the Council.
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 Pounds 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.
XXVIII. That the said yearly revenue shall be
paid into the public treasury, and shall be issued out for the uses aforesaid.
XXIX. That in case there shall not be cause
hereafter to keep up so great a defence both at land or sea, but that there be
an abatement made thereof, the money which will be saved thereby shall remain
in bank for the public service, and not be employed to any other use but by
consent of Parliament, or, in the intervals of Parliament, by the Lord
Protector and major part of the Council.
XXX. That the raising of money for defraying
the charge of the present extraordinary forces, both at sea and land, in
respect of the present wars, shall be by consent of Parliament, and not
otherwise: save only that the Lord Protector, with the consent of the major
part of the Council, for preventing the disorders and dangers which might
otherwise fall out both by sea and land, shall have power, until the meeting of
the first Parliament, to raise money for the purposes aforesaid; and also to
make laws and ordinances for the peace and welfare of these nations where it
shall be necessary, which shall be binding and in force, until order shall be
taken in Parliament concerning the same.
XXXI. That the lands, tenements, rents,
royalties, jurisdictions and hereditaments which remain yet unsold or
undisposed of, by Act or Ordinance of Parliament, belonging to the Commonwealth
(except the forests and chases, and the honours and manors belonging to the
same; the lands of the rebels in Ireland, lying in the four counties of Dublin,
Cork, Kildare, and Carlow; the lands forfeited by the people of Scotland in the
late wars, and also the lands of Papist and delinquent in England who have not
yet compounded), shall be vested in the Lord Protector, to hold, to him and his
successors, Lords Protectors of these nations, and shall not be alienated but
by consent in Parliament. And all debts, fines, issues, amercements, penalties
and profits, certain and casual, due to the Keepers of the liberties of England
by authority of Parliament, shall be due to the Lord Protector, and be payable
into his public receipt, and shall be recovered and prosecuted in his name.
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 person 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 of 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.
XXXIV. That the Chancellor, Keeper or
Commissioners of the Great Seal, the Treasurer, Admiral, Chief Governors of
Ireland and Scotland, and the Chief Justices of both the Benches, shall be
chosen by the approbation of Parliament; and, in the intervals of Parliament,
by the approbation of the major part of the Council, to be afterwards approved
by the Parliament.
XXXV. That the Christian religion, as contained
in the Scriptures, be held forth and recommended as the public profession of
these nations; and that, as soon as may be, a provision, less subject to
scruple and contention, and more certain than the present, be made for the
encouragement and maintenance of able and painful teachers, for the instructing
the people, and for discovery and confutation of error, hereby, and whatever is
contrary to sound doctrine; and until such provision be made, the present
maintenance shall not be taken away or impeached.
XXXVI. That to the public profession held forth
none shall be compelled by penalties or otherwise; but that endeavours be used
to win them by sound doctrine and the example of a good conversation.
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 practice licentiousness.
XXXVIII. That all laws, statutes and
ordinances, and clauses in any law, statute or ordinance to the contrary of the
aforesaid liberty, shall be esteemed as null and void.
XXXIX. That the Acts and Ordinances of
Parliament made for the sale or other disposition of the lands, rents and
hereditaments of the late King, Queen, and Prince, of Archbishops and Bishops,
&c., Deans and Chapters, the lands of delinquents and forest-lands, or any
of them, or of any other lands, tenements, rents and hereditaments belonging to
the Commonwealth, shall no wise be impeached or made invalid, but shall remain
good and firm; and that the securities given by Act and Ordinance of Parliament
for any sum of sums of money, by any of the said lands, the excise, or any
other public revenue; and also the securities given by the public faith of the
nation, and the engagement of the public faith for satisfaction of debts and
damages, shall remain firm and good, and not be made void and invalid upon any
pretence whatsoever.
XL. That the Articles given to or made with the
enemy, and afterwards confirmed by parliament, shall be performed and made good
to the persons concerned therein; and that such appeals as were depending in
the last Parliament for relief concerning bills of sale of delinquent's
estates, may be heard and determined the next Parliament, any thing in this
writing or otherwise to the contrary notwithstanding.
XLI. That every successive Lord Protector over
these nations shall take and subscribe a solemn oath, in the presence of the
Council, and such others as they shall call to them, that he will seek the
peace, quiet and welfare of these nations, cause law and justice to be equally
administered; and that he will not violate or infringe the matters and things
contained in this writing, and in all other things will, to his power and to
the best of his understanding, govern these nations according to the laws,
statutes and customs thereof.
XLII. That each person of the Council shall, before they enter upon their trust, take and subscribe an oath, that they will be true and faithful in their trust, according to the best of their knowledge; and that in the election of every successive Lord Protector they shall proceed therein impartially, and do nothing therein for any promise, fear, favour or reward.
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