Explanatory charter
Encyclopedia
The Explanatory Charter was a supplement to the royal charter
of the Province of Massachusetts Bay
issued by King George I
on August 26, 1725. The provincial charter, issued by William and Mary
in 1691, was modified, and certain of its terms were clarified (hence the name "explanatory" being applied to this charter).
. In 1720 Shute claimed the authority to veto the General Court's choice of speaker
, and dissolved the legislature when it refused to elect someone else. He was again upset that the legislature voted to adjourn for one week in 1721, claiming it violated his authority to control the legislature's meetings. He raised these issues with the Privy Council
of George I, which in 1725 issued the Explanatory Charter.
. It also clarified that the House of Representatives was allowed to choose its own speaker, subject to the governor's approval, and that it was allowed to adjourn for no more than two days.
judges to be taken away from the legislature, appointment of sheriffs given to the governor, the selection of juries to the sheriffs, and forbade town meeting
s, except for elections or by special permission of the governor.
In the wake of the 1774 Boston Tea Party
, the British Parliament
approved a series of acts, known as the Intolerable Acts
, designed to punish Massachusetts in particular. One of these acts, the Massachusetts Government Act
, essentially suspended the charter and gave the crown-appointed governor wide ranging powers.
General Thomas Gage
was appointed royal governor in 1774, and implemented the Massachusetts Government Act, dissolving the provincial legislature. Members of the legislature met anyway, and established the Massachusetts Provincial Congress
, which de facto governed most or all of Massachusetts from 1774 until the establishment of state constitution in 1779.
Royal Charter
A royal charter is a formal document issued by a monarch as letters patent, granting a right or power to an individual or a body corporate. They were, and are still, used to establish significant organizations such as cities or universities. Charters should be distinguished from warrants and...
of the Province of Massachusetts Bay
Province of Massachusetts Bay
The Province of Massachusetts Bay was a crown colony in North America. It was chartered on October 7, 1691 by William and Mary, the joint monarchs of the kingdoms of England and Scotland...
issued by King George I
George I of Great Britain
George I was King of Great Britain and Ireland from 1 August 1714 until his death, and ruler of the Duchy and Electorate of Brunswick-Lüneburg in the Holy Roman Empire from 1698....
on August 26, 1725. The provincial charter, issued by William and Mary
William and Mary
The phrase William and Mary usually refers to the coregency over the Kingdoms of England, Scotland and Ireland, of King William III & II and Queen Mary II...
in 1691, was modified, and certain of its terms were clarified (hence the name "explanatory" being applied to this charter).
Background
The issuance of the Explanatory Charter was the result of a series of disputes between the Massachusetts General Court, the elected body representing the people of the province, and the crown-appointed royal governor, Samuel ShuteSamuel Shute
Samuel Shute was a military officer and royal governor of the Province of Massachusetts Bay. After serving in the Nine Years' War and the War of the Spanish Succession, he was appointed by King George I as governor of Massachusetts in 1716...
. In 1720 Shute claimed the authority to veto the General Court's choice of speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
, and dissolved the legislature when it refused to elect someone else. He was again upset that the legislature voted to adjourn for one week in 1721, claiming it violated his authority to control the legislature's meetings. He raised these issues with the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, 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 monarch's closest advisors to give confidential advice on...
of George I, which in 1725 issued the Explanatory Charter.
Charter
The modification of the William and Mary charter granted the governor the power to suspend the House of RepresentativesMassachusetts House of Representatives
The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the state legislature of the Commonwealth of Massachusetts. It is composed of 160 members elected from single-member electoral districts across the Commonwealth. Representatives serve two-year terms...
. It also clarified that the House of Representatives was allowed to choose its own speaker, subject to the governor's approval, and that it was allowed to adjourn for no more than two days.
Later modifications to the Massachusetts provincial charter
In 1766, another attempt was made to further modify the Explanatory Charter. The result was the choice of the council and superior courtSuperior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
judges to be taken away from the legislature, appointment of sheriffs given to the governor, the selection of juries to the sheriffs, and forbade town meeting
Town meeting
A town meeting is a form of direct democratic rule, used primarily in portions of the United States since the 17th century, in which most or all the members of a community come together to legislate policy and budgets for local government....
s, except for elections or by special permission of the governor.
In the wake of the 1774 Boston Tea Party
Boston Tea Party
The Boston Tea Party was a direct action by colonists in Boston, a town in the British colony of Massachusetts, against the British government and the monopolistic East India Company that controlled all the tea imported into the colonies...
, the British Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
approved a series of acts, known as the Intolerable Acts
Intolerable Acts
The Intolerable Acts or the Coercive Acts are names used to describe a series of laws passed by the British Parliament in 1774 relating to Britain's colonies in North America...
, designed to punish Massachusetts in particular. One of these acts, the Massachusetts Government Act
Massachusetts Government Act
The Massachusetts Government Act was passed by the Parliament of Great Britain and became a law on May 20, 1774. The act is one of the Intolerable Acts , designed to suppress dissent and restore order in the Province of Massachusetts Bay...
, essentially suspended the charter and gave the crown-appointed governor wide ranging powers.
General Thomas Gage
Thomas Gage
Thomas Gage was a British general, best known for his many years of service in North America, including his role as military commander in the early days of the American War of Independence....
was appointed royal governor in 1774, and implemented the Massachusetts Government Act, dissolving the provincial legislature. Members of the legislature met anyway, and established the Massachusetts Provincial Congress
Massachusetts Provincial Congress
The Massachusetts Provincial Congress was a provisional government created in the Province of Massachusetts Bay early in the American Revolution....
, which de facto governed most or all of Massachusetts from 1774 until the establishment of state constitution in 1779.