Scope and Content: During the period of the colonial charter (1629-1686), a Council assisted the governor of Massachusetts in an executive capacity, its members consisting of current and former assistants, who also functioned judicially as the Court of Assistants and as the upper house of the General Court. After an interval during which the Council was appointed by the English Crown (1686-1689), under a revival of colonial government (1689-1692) and during the provincial and later Revolutionary periods (1692-1774, 1775-1780), the Council served in a dual capacity as legislative upper house and executive body. In the latter role (from 1692 onward, but as well during 1686-1689), the Council had certain judicial functions, though fewer than its predecessor, the Court of Assistants. Series includes public documents identified with the Council from 1686 onward (and a few related earlier items) in such a judicial role, including testimonies, depositions, writs, warrants, bonds, and divorce petitions.
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Judicial records [Massachusetts Council]
Divorce files [Massachusetts Council]
Scope and Content: St 1692-3, c 25 (Nov. 3, 1692) provided that all controversies concerning marriage and divorce in the the Province of the Massachusetts Bay be heard and determined by the governor and council, which replaced in this function the colonial Court of Assistants. In 1780, Const Pt 2, C 3, Art 5 continued this arrangement until it should be superseded by specific legislation, which occurred with St 1785, c 69 (Mar. 16, 1786), under which the Supreme Judicial Court assumed jurisdiction for cases of divorce and alimony. Series consists of files from cases heard by the Council not included in other record series (see below).
Arrangement: Arranged chronologically
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Council records on the northeastern boundary of Maine [Massachusetts Council]
Scope and Content: The Commonwealth had a continuing interest in the United States-Great Britain dispute over the northeastern boundary of Maine, from the Revolution to the Webster-Ashburton Treaty of 1842: to 1820, as the state of which the District of Maine formed a part; from 1820, and pursuant to St 1819, c 161, an act to provide for separation of the District of Maine as a state, as the holder of title to certain Maine public lands. Series relates to the appointment by the Council of commissioners to represent Massachusetts interests in negotiations prior to the 1842 treaty.
Arrangement: Arranged chronologically
Notes: Formerly part of state secretary’s: Miscellaneous collection
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Legislative records [Massachusetts Council]
Scope and Content: The Council (under the governor except 1775-1780) functioned as the executive counterpart of the upper house of the General Court under the colonial charter, 1629-1686; as the executive (sole) government, 1686-1689; and both as upper house of the General Court and executive body under the revival of colonial government, 1689-1692, under the provincial charter, 1692-1774, and in the later Revolutionary period, 1775-1780. (There was a rival Council appointed by the English Crown under Gov. Thomas Gage, 1774-1776.) Under the 1780 Constitution it is an advisory executive body to the governor separate from the General Court. Legislative records (formerly known as: Court records) document the Council’s legislative function as General Court upper house during the intercharter (1689-1692 only), provincial, and Revolutionary periods. (For the Constitutional period see below.)
Arrangement: Arranged chronologically by date of General Court session
Notes: Records in general are transcripts, some from British State Paper Office made in the 1840s (see finding aid below). To 1776 many draft originals are in: Massachusetts. Office of the Secretary of State. Massachusetts archives collection ((M-Ar)45X), v. 81-86. (For details see finding aid below. Vol. 70, p. 157-158 includes draft minutes of the Council for Safety of the People and Conservation of the Peace, May 11, 1689. Additional Massachusetts archives collection holdings not yet determined.) From Oct. 1780 source document is: Massachusetts. Office of the Secretary of State. Senate journal ((M-Ar)531)
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Standardization of Salaries Committee reports [Massachusetts Council]
Scope and Content: Pursuant to orders of the General Court (Mar. 16-17, 1916), the governor appointed three members of the Council to serve as a special committee to investigate and report on a plan to standardize salaries and other compensation for state and county officials and employees. This series contains two typescripts, the committee’s report, submitted December 1917, printed as 1918 H 1175, and enacted as St 1918, c 228 (An act to provide for the classification of certain positions in the Commonwealth and to regulate promotion therein), and various chapters of the acts of 1919; also a report by the Supervisor of Administration compiled at the committee’s request.
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Petitions and reports on formation of companies [Massachusetts Council]
Arrangement: Arranged chronologically, thereunder alphabetically by municipality
Notes: Formerly part of Miscellaneous collection; box 88
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Registers listing Treasury warrants [Massachusetts Council]
Scope and Content: By its constitutional authority to provide advice and consent to the governor, the Council approves warrants authorizing expenditures from the Treasury (Const Pt 2, C 2, S 1, Art 11). Bound registers list warrants authorized by the governor and council in a given year.
Arrangement: Arranged chronologically by year
Notes: Registers for 1847 to 1893 missing
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Special reports and hearing transcripts [Massachusetts Council]
Scope and Content: By its constitutional and statutory authority to provide advice and consent to the governor, the Council approves, among others, the appointments of judicial and quasi-judicial officers, the adjournment or prorogration of the General Court, the granting of pardons, and warrants authorizing expenditures from the Treasury. Reports and transcripts of hearing testimony relate to matters brought before the Council for its consideration, including the appointment, reappointment, or removal of persons in executive and judicial positions, examinations of spending deficits, and inquiries into the management of state programs and agencies. These files supplement: Minutes ((M-Ar)329) and: Executive records ((M-Ar)327) in providing more detailed information on certain matters brought before the Council.
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Finance Committee reports on securities, bonds, and notes in the State Treasury [Massachusetts Council]
Scope and Content: The Council has constitutional authority to provide advice and consent to the governor in approving warrants authorizing expenditures from the Treasury (Const Pt 2, C 2, S 1, Art 11), and over time acquired similar statutory authority to approve a variety of financial transactions of the executive branch. (Such authority was in general repealed by St 1964, c 740.) In this connection Finance Committee reports contain annual information on state securities, bonds, and notes in effect during a given year.
Arrangement: Arranged chronologically
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Treasury warrants [Massachusetts Council]
Scope and Content: By its constitutional authority to provide advice and consent to the governor, the Council approves warrants authorizing expenditures from the Treasury (Const Pt 2, C 2, S 1, Art 11). Treasury warrants, 1776-1824, are original warrants signed by governor, councillors, and the treasurer, and include the name of person or office receiving funds, purpose of payment, and date of issue.
Arrangement: Arranged chronologically
Notes: Warrants for 1768-1771, 1773, 1775-1778, 1799-1801, 1807-1809, 1813-1814, 1819-1820 lacking
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