Ordinance and Constitution
of the Treasurer, Council, and Company in England
for a Council of State and General Assembly
[I.] To all People, to whom these Presents shall come, be seen, or heard 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, the said Treasurer, Council, and Company, taking into our careful Consideration the present State, of the said Colony of Virginia, and intending, by the Divine Assistance, to settle such a Form of Government there as may be to the greatest Benefit and Comfort of the People, and whereby all Injustice, Grievances, and Oppression may be prevented and kept off as much as possible from the said Colony, have thought fit to make our Entrance, by ordering and establishing such Supreme Councils, as may not only be assisting to the Governor for the time being, in the Administration of Justice, and the executing of other Duties for this office belonging, but also, by their vigilant care and Prudence, may provide, as well for a Remedy of all Inconveniences growing from time to time, as also for advancing of Increase, Strength, Stability, and Prosperity of the said Colony:
II. We therefore, the said Treasurer, Council, and Company, by Authority directed to us from his Majesty under the Great Seal, upon mature Deliberation, 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.
III. 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: Which Council of State shall consist, for the present, only of these Persons, as are here inserted, viz. Sir Francis Wyat, Governor of Virginia, Captain Francis West, Sir George Yeardley, Knight, Sir William Neuce, Knight Marshal of Virginia, Mr. George Sandys, Treasurer, Mr. George Thorpe, Deputy of the College, Captain Thomas Neuce, Deputy for the Company, Mr. Pawlet, Mr. Leech, Captain Nathaniel Powel, Mr. Harwood, Mr. Samuel Macock, Mr. Christopher Davison, Secretary, Doctor Pots Physician to the Company, Mr. Roger Smith, Mr. John Berkley, Mr. John Rolfe, Mr. Ralph Hamer, Mr. John Pountis, Mr. Michael Lapworth. Which said Counsellors and Council we earnestly pray and desire, and in his Majesty's Name strictly charge and command, that (all Factions, Partialities, and sinister Respect laid aside) they bend their Care and Endeavors to assist the said Governor; first and principally in the Advancement of the Honour and Service of God, and the Enlargement of his Kingdom amongst the Heathen People; and next, in erecting of the said Colony in due obedience to his Majesty, and all lawful Authority from his Majesty's Directions; and lastly, in maintaining the said People in Justice and Christian Conversation amongst themselves, and in Strength and Ability to withstand their Enemies. And this Council, to be always, or for the most Part, residing about or near the Governor.
IV. 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 Matter 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;
V. 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.
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 here unto set our Common
Seal, the 24th of July 1621, and in the Year of the Reign of our Sovereign
Lord, JAMES, King of England, &c., the **** and of Scotland the ****.