INSTRUMENT OF GOVERNMENT, THE. A written constitution for the Protectorate in England, set forth on December 16, 1653. Since January 15, 1649. the 'Agreement of the People' (q.v.) had been nominally in force, its provisions being only partially carried out, but there was urgent need of some effective guaranty of civil liberty. The instrument provides for a constitu tional government. administered by a Lord Pro tector, and a Parliament of a single house. An elective assembly is to be summoned on the 3d of September, 1654, and thereafter once in every third year. The distribution of county and bor cugh seats in England and Wales is based on the schedule provided in the Agreement of the Peo ple. although there are important changes. For the first time provision was made for a Parlia mentary union of England, Ireland, and Scotland. With the exception of those who had engaged in the war against the Parliament since 1641, or in the Irish rebellion, or professed Roman Catholi cism, the franchise and the right of being elected are conferred upon "persons of known integrity, fearing. God, and of good conscience, and being of the age of twenty-one years," if seized or pos sessed of real or personal estate to the value of £200. There is no provision for the borough flanehise, that being left apparently to the ex isting custom of each place.
The extended powers of the Protector in for &gm military, and civil affairs are limited by the Parliament and the Council of State. A ecuncil of fifteen members is appointed in the instrument itself. Other members may be added by the Lord Protector and the Council: but the number may never be more than twenty-one nor less than thirteen. By the instrument Oliver
Cromwell is created Lord Protector for life. His successors are to be elected by the Council. A veto upon legislation is not granted the Protector. All bills passed by Parliament must be presented to him: and if his consent he not given within twenty days. they become laws, unless they are contrary to the Instrument. There is a respon sible Ministry. The "Chancellor. Keeper or Com missioners of the Great Seal, the Treasurer. Ad miral, Chief Governor of Ireland and Scotland, and the f'hief Justices of both the benches," are to he ehosen by the consent of Parliament. All other appointments are apparently left in the Protector's hands. Religious liberty is guaran teed, except to "Popery or Prelaey." and to "such as. under profession of Christ, hold forth and practice licentiousness." The Instrument of Government reveals the IT markable ability of its framers. The most seri ous defects are the lack of any provision for amendment and the failure to secure the national sanction. It broke down because the Parlia ment summoned under its provisions assumed the power of a constituent assembly. It was later amended in the Petition and Adrice (q.v.). For the text of the Instrument, consult: Gardiner. Constitutional Documents (Oxford. 13391: and for dismission. id., Commonwealth and Protec torate (New York. 1894-19011; Masson. Life of 11(i/ton. vol. iv. (London. 1373-941: Jenks. ran stitutional Experiments (ib., 1S91) ; Inderwick, Interregnum (London, 1391).