Ch. 3.1. Primary Source: Ordinance for Virginia by the Company in London, 1621

Although the Virginia Company had been operating with considerable autonomy since its creation in 1606, its governance was at first concentrated in a Council of the Company’s leaders that met in London four times a year (see above, Module 2, ch. 3.1; = M2.3.1); here below (paragraph 6) this council is called the Company’s General Quarter Court. In 1618 the Company decided that the colonists needed to have some voice in local affairs if order and economic prosperity were to be reestablished in the faltering colony.

Therefore the Company ordered that a bicameral legislature be established in Virginia, which began meeting in 1619. This legislature consisted of: an upper house, the Council of State, whose members were appointed by the Company and which acted as an advisory body for the Governor; and a lower house, the General Assembly, whose members were chosen by the settlers. In this ordinance of 1621 the Company further spelled out the organization and duties of these two legislative bodies.

Of these two houses, only the assembly was intended to represent the settlers’ views and interests, and it quickly became the most important. The assembly continued to meet until 1624, when the failure of the Virginia Company led to the reorganization of the settlement as a royal colony, whose governor was appointed by the king. At first the royal governor was supposed to rely for advice only on the upper house, the Council of State, whose members now were also appointed by the king.

The governors soon found it helpful, however, to continue calling the House of Burgesses (as the General Assembly became known) for unofficial consultations. Royal officials soon recognized that such consultation and the cooperation of the settlers themselves that it entailed was indispensable. Thus in 1638 the governor was again officially ordered to call a session of the House of Burgesses. Thereafter this assembly would continue to meet annually throughout the colonial period. It also gradually gained the upper hand over the Governor and Council, primarily by securing the power to levy taxes.

[1] TO all people to whom these presents shall come…, the Treasurer, Council, and Company of Adventurers and Planters for the City of London for the first Colony of Virginia, send Greeting. KNOW YE, that we…intending…to settle such a form of government there, as may be to the greatest benefit and comfort of the people…

[2] WE therefore…by authority directed to us from his majesty under the Great Seal…do hereby order and declare, that, from hence forward, there shall be TWO SUPREME COUNCILS in Virginia, for the better government of the said colony aforesaid.

[3] THE one of which councils, to be called THE COUNCIL OF STATE (and whose office shall chiefly be assisting, with their care, advise, and circumspection, to the said governor) shall be chosen, nominated, placed and displaced, from time to time, by us, the said Treasurer, Council, and Company, and our successors… And this council, to be always, or for the most part, residing about or near the governor.

[4] The other council, more generally to be called by the governor, once yearly, and no oftener, but for very extraordinary and important occasions, shall consist, for the present, of the said Council of State, and of two burgesses out of every town, hundred, or other particular plantation, to be respectively chosen by the inhabitants. Which council shall be called THE GENERAL ASSEMBLY, wherein (as also in the said Council of State) all matters shall be decided, determined, and ordered, by the greater part of the voices then present; reserving to the governor always a negative voice. And this General Assembly shall have free power to treat, consult, and conclude, as well of all emergent occasions concerning the publick weal of the said colony and every part thereof, as also to make, ordain, and enact such general laws and orders, for the behoof of the said colony, and the good government thereof, as shall, from time to time, appear necessary or requisite.

[5] WHEREAS in all other things, we require the said General Assembly, as also the said Council of State, to imitate and follow the policy of the form of government, laws, customs, and manner of trial, and other administration of justice, used in the realm of England, as near as may be, even as ourselves, by his Majesty’s Letters Patent, are required.

[6] PROVIDED, that no law or ordinance, made in the said General Assembly, shall be or continue in force or validity, unless the same shall be solemnly ratified and confirmed, in a General Quarter Court of the said Company here in England and so ratified, be returned to them under our seal. It being our intent to afford the like measure also unto the said colony, that after the government of the said colony shall once have been well framed, and settled accordingly, which is to be done by us, as by authority derived from his Majesty, and the same shall have been so by us declared, no orders of court afterwards shall bind the said colony, unless they be ratified in like manner in the General Assemblies. IN WITNESS whereof we have hereunto set our Common Seal, the 24th of July 1621…