The Assembly convened at Jamestown, August 9th, 1619. "The most convenient place we could finde to sitt in," says the minutes, "was the Quire of the Churche Where Sir George Yeardley, the Governor, being sett down in his accustomed place, those of the Counsel of Estate sate nexte him on both hands excepte onely the Secretary then appointed Speaker, who sate right before him, John Twine, the clerk of the General Assembly, being placed nexte the Speaker, and Thomas Pierse, the Sergeant, standing at the barre, to be ready for any service the Assembly shoulde comand him. But forasmuche as men's affaires doe little prosper where God's service is neglected, all the Burgesses tooke their places in the Quire till a prayer was said by Mr. Bucke, the Minister.... Prayer being ended,... all the Burgesses were intreatted to retyre themselves into the body of the Churche, which being done, before they were fully admitted, they were called in order and by name, and so every man tooke the oathe of Supremacy and entered the Assembly."[144]

The body at once claimed and made good its right to exclude Burgesses who they thought were not entitled to seats. The Speaker himself raised an objection to admitting the representatives of Warde's plantation, because that settlement had been made without a commission from the London Company. But Captain Warde promised to secure a patent as soon as possible, and the objection was waived. The Assembly refused absolutely, however, to seat the Burgesses from Martin's Hundred. Captain Martin had been one of the first Council for Virginia, and as a reward for his long services had been granted privileges that rendered him almost independent of the government at Jamestown. He was summoned before the Assembly and requested to relinquish these extraordinary rights, but he refused to do so. "I hold my patent," he said, "for my service don, which noe newe or late comer can meritt or challenge."[145] So the Assembly, feeling that it would be mockery to permit the Burgesses from Martin's Hundred to assist in the making of laws which their own constituents, because of their especial charter, might with impunity disobey, refused to admit them.[146]

Virginia under the Stuarts 1607-1688 — Part 34

The legislative powers granted the Virginia Assembly in the Magna Charta, and continued with slight alterations after the revocation of the charter of the London Company, were very extensive. The Assembly could pass laws dealing with a vast variety of matters appertaining to the safety and welfare of the colony. Statutes were enacted in the session of 1619 touching upon Indian affairs, the Church, land patents, the relations of servants and landlords, the planting of crops, general morality in Virginia, the price of tobacco, foreign trade, etc. The collected laws of the entire colonial period fill many volumes, and cover a vast variety of subjects. But there were three things which limited strictly the Assembly's field of action. They must pass no statutes contravening first, the laws of England; secondly, the charters; thirdly, the instructions sent them by the London Company. When the colony passed into the hands of the King, all statutes were forbidden that conflicted with the charters, or with the instructions of the Crown. These restrictions lasted during the entire colonial period, but they were not always carefully regarded. The Company, and later the King, retained two ways of nullifying legislation which was unauthorized, or was distasteful to them. First, there was the veto of the Governor. As the guardian of the interests of England and his monarch, this officer could block all legislation. Secondly, the Company, and later the King, could veto laws even though the Governor had consented to them.

Virginia under the Stuarts 1607-1688 — Part 34