                          The Instrument Of Government
                                     1653

  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repealed, nor any new law made, nor any tax, charge, or imposition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; Huntingdon, 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, 2; 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 University, 1; Woodstock, 1; Rutlandshire, 2; Shropshire, 4;
Shrewsbury, 2; Bridgnorth, 1; Ludlow, 1; Staffordshire, 3;
Lichfield, 1; Stafford, 1; 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; Ipswich, 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, shan 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 marketdays
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 one 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 person's seised or possessed to
his own use, of any estate, real or personal, to the value of L200,
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., 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 L200,000 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.
  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 Papists and
delinquents 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 nowise 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 or 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 bins 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.
