THE COUNCIL.-From 1607 to 1624 the members of the Council were chosen by the Virginia Company, and during the Royal Government, which succeeded, were appointed by the Crown on the recommendation of the Governor. As a rule, when a vacancy occurred, the Governor made a temporary appointment, which was usually confirmed by the King.
The Councillors were the Governor's advisers in executive matters, and patents, etc., are stated to be issued with their "advice and consent." They constituted the General Court -the supreme court of the Colony and also had legislative functions as members of the upper house of the Assembly, corresponding somewhat to our senate. The same persons, therefore, held executive, legislative, and judicial offices.
Among those slightly acquainted with our colonial history there seenis to he a common impression that the House of Burgesses alone constituted the colonial legislature. This, of course, is a mistake, for though the Council did not have the power to originate money bills, yet their concurrence was necessary to all laws, as was also the Governor's consent, and ultirnately, the King's.
In addition to the powers already named the members of the Council almost uniformly held the higher offices, such as secretary, auditor, etc., and were also, as a rule, the county lieutenants or commanders in chief in their own and neighboring counties.
Theoretically this accumulation of offices in a few hands was entirely wrong, but it seems, in practice, to have worked fairly well, as the members of the Council, who in general were men whose estates and interests lay entirely in Virginia, do not appear to have had views at variance with thcse commonly entertained in the Colony.
THE HOUSE OF BURGESSES.-This was the popular portion of the Government composed of the representatives of the people. The members were elected upon a suffrage basis which varied at times, but which during all the latter part of the colonial era was a freehold.
After some vanation during the first part of the Seventeenth Century the number of Burgesses became fixed at two for each county, with one each for the City of Williamsburg, Borough of Norfolk, Jamestown and William and Mary College. For a time Virginia included one pocket" or "rotten" borough, for after the population at Jamestown had dwindled away and the island had come into the possession of the Ambler and Travis families, the Burgesses appear to have been practically appointed by these two families.
An assembly could be called, prorogued, or dissolved by the Governor, and very frequently the same assembly would continue in existence for many years, but of course with changes of membership as vacancies occurred.
When a member of the House of Burgesses accepted any office of profit he vacated his seat in the House by so doing, but was always eligiNe for re-dection except when he became a sheriff or coroner. In the first case it was doubtless thought that the duties of his office would require his presence in his county. There does not seem to be the same objection in the last named case, but at any rate, accepting the office of coroner seems to have been a favorite device for getting out of the House of Burgesses.
