The Massachusetts Charter of 1691 was a
charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the rec ...
that formally established the
Province of Massachusetts Bay
The Province of Massachusetts Bay was a colony in British America which became one of the Thirteen Colonies, thirteen original states of the United States. It was chartered on October 7, 1691, by William III of England, William III and Mary II ...
. Issued by the government of
William III William III or William the Third may refer to:
Kings
* William III of Sicily (c. 1186–c. 1198)
* William III of England and Ireland or William III of Orange or William II of Scotland (1650–1702)
* William III of the Netherlands and Luxembourg ...
and
Mary II
Mary II (30 April 166228 December 1694) was Queen of England, Scotland, and Ireland, co-reigning with her husband, William III & II, from 1689 until her death in 1694.
Mary was the eldest daughter of James, Duke of York, and his first wife ...
, the corulers of the
Kingdom of England
The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain.
On 1 ...
, the charter defined the government of the colony, whose lands were drawn from those previously belonging to the
Massachusetts Bay Colony
The Massachusetts Bay Colony (1630–1691), more formally the Colony of Massachusetts Bay, was an English settlement on the east coast of North America around the Massachusetts Bay, the northernmost of the several colonies later reorganized as the ...
,
Plymouth Colony
Plymouth Colony (sometimes Plimouth) was, from 1620 to 1691, the British America, first permanent English colony in New England and the second permanent English colony in North America, after the Jamestown Colony. It was first settled by the pa ...
, and portions of the
Province of New York
The Province of New York (1664–1776) was a British proprietary colony and later royal colony on the northeast coast of North America. As one of the Middle Colonies, New York achieved independence and worked with the others to found the Uni ...
. The territorial claims embodied in the charter also encompassed all of present-day
Maine
Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
(some of which had been claimed by the Massachusetts Bay Colony),
New Brunswick
New Brunswick (french: Nouveau-Brunswick, , locally ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. It is the only province with both English and ...
, and
Nova Scotia
Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland".
Most of the population are native Eng ...
.
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.
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. William and Mary appointed Sir
William Phips
Sir William Phips (or Phipps; February 2, 1651 – February 18, 1695) was born in Maine in the Massachusetts Bay Colony and was of humble origin, uneducated, and fatherless from a young age but rapidly advanced from shepherd boy, to shipwright, s ...
as the new governor.
The charter established freedom of worship for Christians (not including
Roman Catholics
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, referred to in the charter as "
Papists
The words Popery (adjective Popish) and Papism (adjective Papist, also used to refer to an individual) are mainly historical pejorative words in the English language for Roman Catholicism, once frequently used by Protestants and Eastern Orthodox ...
") and removed religious restrictions on voting.
Economically the charter benefited the British by reserving the right of free fishery to British interests only.
Towns across the colony grew in status as a result of the charter.
History
With the
Glorious Revolution
The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and ...
and the
1689 Boston revolt
The 1689 Boston revolt was a popular uprising on April 18, 1689, against the rule of Sir Edmund Andros, the governor of the Dominion of New England. A well-organized "mob" of provincial militia and citizens formed in the town of Boston, the cap ...
the
Dominion of New England
The Dominion of New England in America (1686–1689) was an administrative union of English colonies covering New England and the Mid-Atlantic Colonies (except for Delaware Colony and the Province of Pennsylvania). Its political structure represe ...
fell apart. The Dominion had been an attempt by the Crown to consolidate some North American colonies into one entity and consisted of the
Massachusetts Bay Colony
The Massachusetts Bay Colony (1630–1691), more formally the Colony of Massachusetts Bay, was an English settlement on the east coast of North America around the Massachusetts Bay, the northernmost of the several colonies later reorganized as the ...
,
Province of New Hampshire
The Province of New Hampshire was a colony of England and later a British province in North America. The name was first given in 1629 to the territory between the Merrimack and Piscataqua rivers on the eastern coast of North America, and was nam ...
,
Plymouth Colony
Plymouth Colony (sometimes Plimouth) was, from 1620 to 1691, the British America, first permanent English colony in New England and the second permanent English colony in North America, after the Jamestown Colony. It was first settled by the pa ...
,
Colony of Rhode Island and Providence Plantations
The Colony of Rhode Island and Providence Plantations was one of the original Thirteen Colonies established on the east coast of America, bordering the Atlantic Ocean. It was founded by Roger Williams. It was an English colony from 1636 until ...
,
Connecticut Colony
The ''Connecticut Colony'' or ''Colony of Connecticut'', originally known as the Connecticut River Colony or simply the River Colony, was an English colony in New England which later became Connecticut. It was organized on March 3, 1636 as a settl ...
,
Province of New York
The Province of New York (1664–1776) was a British proprietary colony and later royal colony on the northeast coast of North America. As one of the Middle Colonies, New York achieved independence and worked with the others to found the Uni ...
, and
Province of New Jersey
The Province of New Jersey was one of the Middle Colonies of Colonial America and became the U.S. state of New Jersey in 1783. The province had originally been settled by Europeans as part of New Netherland but came under English rule after the ...
. With the breakup of Dominion the Crown consolidated colonies around
New England
New England is a region comprising six states in the Northeastern United States: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. It is bordered by the state of New York to the west and by the Canadian provinces ...
, specifically the
Massachusetts Bay Colony
The Massachusetts Bay Colony (1630–1691), more formally the Colony of Massachusetts Bay, was an English settlement on the east coast of North America around the Massachusetts Bay, the northernmost of the several colonies later reorganized as the ...
, the
Plymouth Colony
Plymouth Colony (sometimes Plimouth) was, from 1620 to 1691, the British America, first permanent English colony in New England and the second permanent English colony in North America, after the Jamestown Colony. It was first settled by the pa ...
, and territories such as
Martha's Vineyard
Martha's Vineyard, often simply called the Vineyard, is an island in the Northeastern United States, located south of Cape Cod in Dukes County, Massachusetts, known for being a popular, affluent summer colony. Martha's Vineyard includes the s ...
and
Nantucket
Nantucket () is an island about south from Cape Cod. Together with the small islands of Tuckernuck and Muskeget, it constitutes the Town and County of Nantucket, a combined county/town government that is part of the U.S. state of Massachuse ...
. With the dissolution of the Dominion many colonies were concerned about their future status of annexation by other colonies. For instance the
Plymouth Colony
Plymouth Colony (sometimes Plimouth) was, from 1620 to 1691, the British America, first permanent English colony in New England and the second permanent English colony in North America, after the Jamestown Colony. It was first settled by the pa ...
was originally meant to be transferred to the
Colony of New York
The Province of New York (1664–1776) was a British proprietary colony and later royal colony on the northeast coast of North America. As one of the Middle Colonies, New York achieved independence and worked with the others to found the Unit ...
however the colonial leaders insisted that they become part of the
Massachusetts Bay Colony
The Massachusetts Bay Colony (1630–1691), more formally the Colony of Massachusetts Bay, was an English settlement on the east coast of North America around the Massachusetts Bay, the northernmost of the several colonies later reorganized as the ...
instead.
![Phips portrait](https://upload.wikimedia.org/wikipedia/commons/2/2e/Phips_portrait.jpg)
A draft of the charter was drawn up by the
Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
which allowed the Royal Governor to be chosen by the Crown, however the
Governor's Council The governments of the Thirteen Colonies of British America developed in the 17th and 18th centuries under the influence of the British constitution. After the Thirteen Colonies had become the United States, the experience under colonial rule would ...
, the
Deputy Governor and the lower house of the
General Court were to be elected by the colonists. These proposals were dismissed by the
Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
on the grounds it gave too much control to the colonists and diminished the rightful authority of the Crown. In 1692
William Phips
Sir William Phips (or Phipps; February 2, 1651 – February 18, 1695) was born in Maine in the Massachusetts Bay Colony and was of humble origin, uneducated, and fatherless from a young age but rapidly advanced from shepherd boy, to shipwright, s ...
arrived in
Boston
Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...
with a copy of the new charter that was written by the
Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
. Although many in Massachusetts Bay objected to their not being able to return to their original 1629 charter (other colonies were allowed to return to their original charters). Despite opposition from many colonial leaders, when Phips arrived he assembled the General Court and the majority of members approved the charter and declared a day of prayer and
thanksgiving
Thanksgiving is a national holiday celebrated on various dates in the United States, Canada, Grenada, Saint Lucia, Liberia, and unofficially in countries like Brazil and Philippines. It is also observed in the Netherlander town of Leiden and ...
.
Effects
Other than an increase in land under control of the
General Court in
Boston
Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...
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 The governments of the Thirteen Colonies of British America developed in the 17th and 18th centuries under the influence of the British constitution. After the Thirteen Colonies had become the United States, the experience under colonial rule would ...
, 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
A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...
, 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
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
, rather than a
head of government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
.
[Morison 1917, p.9.]
With the passage of what came to be known as the
Intolerable Acts
The Intolerable Acts were a series of punitive laws passed by the British Parliament in 1774 after the Boston Tea Party. The laws aimed to punish Massachusetts colonists for their defiance in the Tea Party protest of the Tea Act, a tax measure ...
by the
Parliament of England
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised t ...
, many colonists became dissatisfied with the governmental arrangement. The political tension culminated in the
Boston Tea Party
The Boston Tea Party was an American political and mercantile protest by the Sons of Liberty in Boston, Massachusetts, on December 16, 1773. The target was the Tea Act of May 10, 1773, which allowed the British East India Company to sell tea ...
, which resulted in the cancellation and dissolution of the General Court by
Thomas Gage
General Thomas Gage (10 March 1718/192 April 1787) was a British Army general officer and colonial official best known for his many years of service in North America, including his role as British commander-in-chief in the early days of the ...
. 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
The Massachusetts Provincial Congress (1774–1780) was a provisional government created in the Province of Massachusetts Bay early in the American Revolution. Based on the terms of the colonial charter, it exercised ''de facto'' control over the ...
in 1774. The Provincial Congress became the revolutionary government of the
Province of Massachusetts Bay
The Province of Massachusetts Bay was a colony in British America which became one of the Thirteen Colonies, thirteen original states of the United States. It was chartered on October 7, 1691, by William III of England, William III and Mary II ...
, with the 1691 charter acting as the ''de facto'' constitution of Massachusetts Bay until the formulation and passage of the
Constitution of Massachusetts
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. As a member of the Massachuset ...
in 1780.
[Morison 1917, p.11.]
See also
*
Charter of the Massachusetts Bay Company
The Charter of the Massachusetts Bay Company was an English royal charter which formally incorporated the joint-stock company for the colonization of Massachusetts Bay. The charter, granted by Charles I of England in 1628, defined the regulatio ...
*
Mayflower Compact
The Mayflower Compact, originally titled Agreement Between the Settlers of New Plymouth, was the first governing document of Plymouth Colony. It was written by the men aboard the ''Mayflower,'' consisting of separatist Puritans, adventurers, an ...
*
Massachusetts Body of Liberties
The Massachusetts Body of Liberties was the first legal code established in New England, compiled by Puritan minister Nathaniel Ward. The laws were established by the Massachusetts General Court in 1641. The Body of Liberties begins by establishin ...
*
Constitution of Massachusetts
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. As a member of the Massachuset ...
References
*
*{{cite book
, last= Morison
, first= Samuel
, date= 1917
, title= A History of the Constitution of Massachusetts
, url= https://books.google.com/books?id=YvAnAAAAYAAJ&pg=PA18
, location= Harvard University Library
, publisher= Wright & Potter Printing Co.
, page=
, isbn=
, author-link=
External links
The Charter of 1691
1691 in law
History of Massachusetts
Legal history of Massachusetts
Political history of Massachusetts
Political charters
Pre-statehood history of Massachusetts