Massachusetts Charter
The Massachusetts Charter of 1691 was a charter that formally established the Province of Massachusetts Bay. Issued by the government of William III and Mary II, the corulers of the Kingdom of England, the charter defined the government of the colony, whose lands were drawn from those previously belonging to the Massachusetts Bay Colony, Plymouth Colony, and portions of the Province of New York. The territorial claims embodied in the charter also encompassed all of present-day Maine (some of which had been claimed by the Massachusetts Bay Colony), New Brunswick, and Nova Scotia.
The charter granted by Their Majeſties King William and Queen Mary to the inhabitants of the province of the Maſſachuſetts-Bay, in New England
The charter was approved by William and Mary on October 7, 1691, and established English rule of the colony by appointing a governor, deputy governor, and secretary, to be elected by members of the council.[1] It took away many of its rights of self-government that had previously been enjoyed by Massachusetts and Plymouth authorities, transitioning the power in Boston from elected to royally appointed governors.[2] William and Mary appointed Sir William Phips as the new governor.[3] The charter established freedom of worship for Christians (not including Roman Catholics, referred to in the charter as "Papists"[4]) and removed religious restrictions on voting.[3][5] The charter benefited the British economically by reserving the right of free fishery to British interests only.[6]
Towns across the colony grew in status as a result of the charter.[7]
Effects[edit]
Other than an increase in land under control of the General Court in Boston were other "constitutional" changes. The religious requirement that had existed for suffrage was changed to a property requirement, which widened the margin of those men able to vote. The lower house of the General Court was to remain intact and allowed to continue to pass governmental rulings, with the condition that the Royal Governor had veto power. The upper house of the legislature was to be codified as the Governor's Council, instead of the previous "Board of assistants." The councilors were to be elected by the General Court with the Governor's assent. The General Court was to be given control of most Provincial affairs, aside from admiralty and commercial rulings, areas that were to remain under the control of Royal Officers appointed by the monarchy. The Governor was given control of the militia, but the House of Representatives had to consent to any officers receiving commission. The General Court was also given authority of the treasury, which included the Governor's as well as all royal officer's pay. With a friction existing between the General Court and the Governor, the Royal Governor was limited in power and authority in most matters to that of a head of state, rather than a head of government.[12]
With the passage of what came to be known as the Intolerable Acts by the Parliament of England, many colonists became dissatisfied with the governmental arrangement. The political tension culminated in the Boston Tea Party, which resulted in the cancellation and dissolution of the General Court by Thomas Gage. The members of the General Court cited the 1691 Charter as their constitutional authority and did not recognize the actions of Gage as legitimate. The delegates then met and formed the Massachusetts Provincial Congress in 1774. The Provincial Congress became the revolutionary government of the Province of Massachusetts Bay, with the 1691 charter acting as the de facto constitution of Massachusetts Bay until the formulation and passage of the Constitution of Massachusetts in 1780.[12][13][14][15]