Instrument of Government

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. The Instrument of Government included elements incorporated from an earlier document, "Heads of Proposals", a set of propositions that had been agreed to by the Army Council in 1647, 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" (senior officers opposing the Leveller faction) 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". This was used as the basis for the House of Commons to pass acts of parliament which did not have to be 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. 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 19 May 1649 the Rump passed An Act declaring England to be a Commonwealth. 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". The Instrument of Government split the government of England across three elements. Executive power was held by the Lord Protector. Although this post was elective, not hereditary, appointment was to be held for life. Legislation was raised in Parliament.