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No. 5. Ordinance for Virginia

July 24/August 3, 1621

THE first assembly in Virginia, and the first representative assembly in America, was convened July 30/Aug. 9, 1619, by Governor Yeardley, under authority of a commission executed by the Virginia Company in November, 1618; and the ordinance of 1621, probably of similar tenor, granted to the colony for the future the same form of government. The model here outlined was closely followed by the later English colonies.

REFERENCES. Text in Stith's History of Virginia (Sabin's ed., 1865), Appendix IV. The records of the assembly of 1619 are in Hening's Statutes at Large, I. The "Orders and Constitutions" of 1619-1620 are in Force's Tracts, III. See also W. W. Henry's First Legislative Assembly in America, in Report of Amer. Hist. Assoc., 1893, pp. 301-316; Brown's First Republic in America, 308-324.

An 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 . . . 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 to 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 the advancing of Increase, Strength, Stability, and Prosperity of the said Colony:

II. WE therefore . . . 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, Advice, 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. Christopher Davison, Secretary, Dr. Pots, Physician to the Company, Mr. Roger Smith, Mr. John Berkeley, Mr. John Rolfe, Mr. Ralph Hamer, Mr. John Pountis, Mr. Michael Lapworth, Mr. Harwood, Mr. Samuel Macock. 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 Endeavours 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 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 gen

eral 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.

VI. 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. . . 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.

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THE attempt of the Dorchester Adventurers to establish a colony on Cape Ann, in 1623, as a base for fishing operations, failed; but there were a few scattered settlements in the region of Massachusetts Bay when, March 19/29, 1627/8, a grant for a land and trading company was obtained from the Council for New England. The patent was confirmed, with the addition of powers of government, by the royal charter of March 4/14, 1628/9. A local government, known as "London's Plantation in Massachusetts Bay in New England," was established at Salem, under the direction of John Endicott. In 1630 the charter and government of the colony were transferred to America, and the local government under Endicott was discontinued. The charter remained in force until 1684, when it was annulled by writ of scire facias. REFERENCES. Text in Records of the Governor and Company of the Massachusetts Bay in New England, I., 3-19. The grant of 1627/8 is recited in the charter. Important contemporary documents and accounts are

collected in Young's Chronicles of Massachusetts. See also Winthrop's History of New England (Savage's ed.), I.; Winthrop's Life and Letters of John Winthrop, II.; Sainsbury's Calendar of State Papers, Colonial, I.

[The charter begins with a recital of the patent of 1620 to the Council for New England, and the subsequent grant by the Council, in March, 1627/8, to Sir Henry Rosewell and others, which last-mentioned grant is by this present charter confirmed, and continues:]

AND FURTHER knowe yee, That . . . Wee . . . by theis presents doe . . . give and graunt unto the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Nowell, Richard Pery, Richard Bellingham, Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, theire heires and assignes, All that parte of Newe England in America which lyes and extendes betweene a great river there commonlie called Monomack river, alias Merrimack river, and a certen other river there called Charles river, being in the bottome of a certen bay there commonlie called Massachusetts, alias Mattachusetts, alias Massatusetts bay: And also all and singuler those landes and hereditaments whatsoever, lyeing within the space of three Englishe myles on the south parte of the saide river called Charles river, or of any or every parte thereof: And also all and singuler the landes and hereditaments . . . lyeing and being within the space of three Englishe myles to the southward of the southernmost parte of the said baye called Massachusetts ... And also all those landes and hereditaments ... which lye and be within the space of three English myles to the northward of the saide river called Monomack, alias Merrymack, or to the northward of any and every parte thereof, and all landes and hereditaments . . . lyeing within the lymitts aforesaide, north and south, in latitude and bredth, and in length and longitude, of and within all the bredth aforesaide, throughout the mayne landes there from the Atlantick and westerne sea and ocean on the east parte, to the south sea on the west parte: ...

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and also all islandes in America aforesaide, in the saide seas, or either of them, on the westerne or easterne coastes, or partes of the said tracts of landes hereby mentioned to be given and graunted ..., and free libertie of fishing in or within any the rivers or waters within the boundes and lymytts aforesaid, and the seas thereunto adjoining: . . . [To be held in free and common socage, and paying one fifth part of all gold and silver ores.] AND wee will and ordeyne, That the saide Sir Henry Rosewell [and others] . . ., and all such others as shall hereafter be admitted and made free of the Company and Society hereafter mentioned, shall .. be. . . one body corporate and politique in fact and name, by the name of the Governor and Company of the Mattachusetts Bay in Newe England . . . And wee doe hereby . . . graunte, That . . . there shalbe one Governor, one Deputy Governor, and eighteene Assistants. to be from tyme to tyme .. chosen out of the freemen of the saide Company, for the tyme being, in such manner and forme as hereafter in theis presents is expressed. Which said officers shall applie themselves to take care for the best disposeing and ordering of the generall buysines and affaires of . . . the saide landes and premisses and the plantacion thereof, and the government of the people there. And . . . wee doe . . . nominate... the saide Mathewe Cradocke to be the first and present Governor of the said Company, and the saide Thomas Goffe to be Deputy Governor . . ., and the said Sir Richard Saltonstall, Isaack Johnson, Samuell Aldersey, John Ven, John Humfrey, John Endecott, Simon Whetcombe, Increase Noell, Richard Pery, Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Adams, Thomas Hutchins, John Browne, George Foxcrofte, William Vassall, and William Pinchion to be the present Assistants

to continue in the saide severall offices respectivelie for such tyme and in such manner as in and by theis presents is hereafter declared and appointed. [The Governor or Deputy Governor may give order for the assembling of the Company.] And that the said Governor, Deputie Governor, and Assistants . . . shall or maie once every moneth, or oftener at their pleasures, assemble, and houlde, and keepe a Courte or Assemblie of themselves, for the better ordering and directing of their affaires. [Seven or more Assistants, with the Governor or Deputy Governor, to be a

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