CLXXXIII. Treasurer and Company. An Ordinance and Consti-
tution for Council and Assembly in Virginia
July 24, 1621
Manuscript Records, Virginia Company, III, Part i, Pages 9a–10
Document in Library of Congress, Washington, D. C.
List of Records No. 261
[An Ordinance and Constitution of Treasurer and Company in England
for a Council and Assembly in Virginia]
To all people to whom these presents shall come bee seen or heard, the
Treasuror, Council and Company of Adventurers and planters of the
Citty of London for the first Collony in Virginia send greeting Knowe
yee That wee the said Treasuror Counsell and Company takeing into or
Carefull Considerac̃on the present state of the said Colony in Virginia:
And intending by the deuine assistance to settle such a forme of gou9ment
ther as may bee to the greatest benifitt and comfort of the people and
wherby all Iniustice greuance and oppression may bee preuented and
kept of as much as is possible from the said Colony haue thought fitt to
make or Entrance by ordayning & establishing such supreame Counsells
as may not only bee assisting to the Gouernor for the time being in admin-
istrac̃on of Justice, and the executing of other duties to his office belonging,
but also by ther vigilent Care & prudence may p̳uide as well for remedy
of all inconvenyencies groweing frõ tyme to tyme, As also for the aduancing
of Encrease strength stabillitie and prosperytie of the said Colony
Wee therfore the said Treasuror Counsell and Company, by authoritie
directed to vs from his Matie vnder his great seale vpon mature deliberac̃on
doe hereby order & declare, That from hence forward ther bee towe
Supreame Counsells in Virginia for the better gou9ment of the said Colony
as aforesaid. The one of wch Counsells to bee called the Counsell of State
and whose office shall Cheiflie bee assisting wth ther Care advise &
circomspection to the said Gouernor shall be Chosen nominated placed
and displaced from tyme to tyme by vs the said Treasurer Counsell &
Company and or successors, wch Counsell of State shall Consiste for the
present onlie of those persons whose names are here inserted vizt Sr Francis
Wyatt gouernor of Virginia Captaine Francis West Sr George Yeardly
knight Sr William Newce knight Marshall of Virginia Mr George Sandys
Tresuror Mr George Thorpe deputy of the Colledge Captaine Thomas
Newce deputy for the Company Mr Christopher Dauison secretarie,
Doctor Potts phesition to the Company Mr Paulet Mr Leech Captaine
Nathaniell Powell Mr Roger Smith Mr John Berkley Mr John Rolfe
Mr Ralfe Hamer Mr John Pountus Mr Michael Lapworth, Mr Harwood
Mr Samuel Macocke. Which said Counsellors and Counsell wee Earnestlie
pray & desier, and in his Matie name strictlie charge and Comand, That
all factious parcialties and sinester respects laid aside they bend ther care
and Endeauors to assist the said Gouernor first and principallie in aduance-
ment of §ye§ honor and seruice of almightie god, and the Enlargement of
his kingdome amongste those heathen people, And next in the erecting of
the said Colonie in one obedience to his Matie and all lawfull Avthoritie
from his Matie diriued, And lastlie in maytayning the said people in Justice
and Christian Conuersation among themselues and in strength and habil-
lytie to wth stand ther Ennimies, And this Counsell is to bee alwaies or
for the most part residing about or neere the said Gouernor, The other
Counsell more generall to bee called by the Gouernor and yeerly of
Course & no oftener but for very extreordynarie & Important occasions
shall consist for present of the said Counsell of State and of Tow Bur-
gesses out of eu9 towne hunder and other particuler plantac̃on to bee re-
spetially Chosen by the inhabitants. Which Counsell shalbee called the
generall Assemblie, wherin as also in the said Counsell of State, all matters
shall be decyded determined & ordred by the greater part of the voyces
then present, Reserueing alwaies to the Gou
9nor a negatiue voyce, And this
generall assembly shall haue free power, to treat Consult & conclude as
well of all emergent occasions concerning the pupliqe weale of the said
colony and eu
rie p̱te therof, as also to make ordeine & enact such generall
lawes & orders for the behoof of the said colony and the good gouermt
therof as shall time to tyme appeare necessarie or requisite. Wherin as in
all other things wee requier the said generall Assembly, as also the said
Counsell of State to imitate and followe the policy of the forme §of§ gouer-
ment, Lawes Custome manners of loyall and other administrac̃on of
Justice vsed in the Realme of England as neere as may bee euen as o
rselues
by his Ma
tℯ L̃res patentℯ are required. Prouided that noe lawes or
ordinance made in the said generall Assembly shalbe and continew in
force and validytie, vnlese the same shalbe sollemlie ratified and Con-
firmed in a generall greater Court of the said Court here in England and
so ratified and Confirmed returned to them vnder o
r seale. It being o
r
intent to affoord the like measure also vnto the said Colony that after the
gouerment of the [
said Colony, shall once haue been well framed & settled
accordingly, wch [
10]
[247]
is to be done by us as by authoritie derived from] his
Ma
tie and the sa[
me shall] haue bene soe by us declared, No orders of o
r
Court afterwarde shall binde [
the said] colony vnles they bee ratified in like
manner in ther generall Assembly.
In wittnes wherof wee haue herevnto sett or Comon seale the 24th day of
[July] 1621, and in the yeare of the raigne of or gou9noure Lord James by
the of God of England Scotland ffrance & Ireland King defendor
of the vizt of England ffrance and Scotland the Nyneteenth
and of Scotland the fower and ffiftieth.
