Charter of the Province of Massachusetts Bay

Charter of the Province of Massachusetts Bay
Name	Charter of the Province of Massachusetts Bay
Date created	1691
Date ratified	1691
Location of document	London
Signatories	William III and Mary II
Purpose	To establish royal government over the Massachusetts Bay Colony and Plymouth Colony

Charter of the Province of Massachusetts Bay. The Charter of the Province of Massachusetts Bay was a royal instrument issued in 1691 by the joint monarchs William III and Mary II. It formally dissolved the independent Massachusetts Bay Colony and the Plymouth Colony, merging them into a single royal province under the direct authority of the Crown. This document significantly reshaped the political and religious landscape of the region, imposing new structures of governance and extending a degree of religious toleration previously absent under Puritan rule.

Background and Predecessor Charters

The charter's creation was a direct response to decades of tension between the Puritan leadership of Massachusetts Bay Colony and the English Crown. The colony had been governed since 1629 by a charter granted by Charles I to the Massachusetts Bay Company, which allowed for unprecedented self-government. Following the English Restoration, the Stuart monarchy sought to rein in the independent colonies. In 1684, the Court of Chancery annulled the original charter following the legal proceedings of *Quo warranto* initiated during the reign of Charles II. This was followed by the imposition of the authoritarian Dominion of New England under Sir Edmund Andros, which unified several colonies including New Hampshire and the Province of New York. The Glorious Revolution of 1688 and the subsequent Boston Revolt of 1689 overthrew the Dominion of New England, creating a political vacuum that the new charter was designed to fill.

Provisions and Government Structure

The charter established a new provincial government centered in Boston. It provided for a royal governor appointed by the monarch, who held significant power including command of the militia and the ability to veto legislation. A governor's council, initially composed of 28 men nominated by the General Court and approved by the governor, served as an upper legislative house and advisory body. The lower house, or Assembly of Representatives, was to be elected by freeholders in the various towns. The charter also created a new judicial system, with judges and the Attorney General appointed by the governor. Notably, it extended the province's territory to include not only the former Massachusetts and Plymouth colonies but also the islands of Martha's Vineyard, Nantucket, and the territories of present-day Maine, which had been part of the Province of Maine.

Key Changes from Previous Charters

The most profound change was the transition from a corporate, self-governing commonwealth to a royal province under the direct supervision of the Board of Trade. The governor was now a Crown appointee, unlike the previous elected magistrate. The charter also mandated religious toleration for all Protestants, effectively dismantling the Puritan theocracy that had denied the franchise and full citizenship to Anglicans, Baptists, and other dissenters. Furthermore, laws passed by the General Court now required royal approval, and appeals from provincial courts could be made to the Privy Council in London. The new charter also incorporated the separate colony of Plymouth Colony and its settlements like Plymouth and Barnstable into the larger province.

Impact and Governance of the Province

The charter inaugurated a prolonged period of political strife between the royal governors and the elected Assembly. Early governors like Sir William Phips and Joseph Dudley frequently clashed with local representatives over issues of salary, currency, and defense, particularly during conflicts like Queen Anne's War. The requirement for religious toleration gradually eroded the political dominance of the Congregational church, though it remained the established church. The charter government managed the province through major events including the Salem witch trials, the construction of the Old State House, and the wars against the Wabanaki Confederacy and New France. The economic policies and trade regulations emanating from London, such as the Navigation Acts, were enforced by this provincial apparatus.

Revocation and the Dominion of New England

This section details the events that immediately preceded the 1691 charter. The revocation of the 1629 charter in 1684 was a pivotal moment, stripping the colony of its legal foundation. The subsequent creation of the Dominion of New England by James II placed the region under the centralized, unpopular rule of Sir Edmund Andros. His administration, based in Boston, imposed taxes without representation, enforced the Navigation Acts aggressively, and promoted the Church of England. The dominion collapsed after the Glorious Revolution sparked the Boston Revolt, where figures like Simon Bradstreet and Cotton Mather helped imprison Andros. This interregnum set the stage for negotiations in London, led by agent Increase Mather, which resulted in the new charter.

Legacy and Historical Significance

The Charter of 1691 defined the framework of Massachusetts government until the American Revolution. It established the pattern of contentious executive-legislative relations that characterized colonial politics. The charter's religious toleration clause was a significant step toward pluralism, influencing later legal developments. The document also solidified Boston's role as the capital of a large territory, shaping the economic and demographic development of New England. Its structures were ultimately overthrown in 1774 with the passage of the Massachusetts Government Act, one of the Intolerable Acts, which revoked the charter's provisions and helped precipitate the Revolutionary War. The charter remains a foundational text in the constitutional history of Massachusetts.

Category:1691 in law Category:History of Massachusetts Category:Colonial charters of the Thirteen Colonies Category:1691 documents