Upper and Lower Houses of Colonial Virginia
There's two stories here - Upper and lower. If you've read the House of Burgesses journals and the Council journals, maybe you've wondered where those leaders met.
The House of Burgesses, the lower house:
They would pass legislation that would not become law unless the Council, the executive Council and the Governor approved it.
The House of Burgesses had some standing committees, meaning those committees who always existed. George Washington was on the committee.
There were also ad hoc or temporary committees.
The House of Burgesses might form a committee on the fly to study one issue to consider just one piece of narrow legislation, like a citizen's petition for redress or backpay or subsidy.
So on to the 2nd story.
That's the upper house, the executive council.
The Executive Council or simply, the 'Council" in colonial Virginia had 3 jobs, one as the advisors to the Governor, one as upper chamber to the House of Burgesses, and one as a sort of court of last resort, like a State Supreme Court, unless the appeal of their decision went to Privy Council in London.
If the Council met as a court, they then assembled on the bottom left. That court was called General Court, but it did operate as the highest court in the land unless you had the wherewithal to appeal to London.
By the 1750s at least if not even as early as the 1730s, most law originated out of the House of Burgesses.
When bills passed the House and Council in different forms, each House appointed members to meet jointly and attempt to reconcile the differences.
After a bill had passed both Houses in the same form, the governor (or in his absence the lieutenant governor or in the absence of both the Council president) had to sign it before it became law; and the Crown always retained the authority to disallow, or veto, any law that the colonial assembly enacted. See source: https://encyclopediavirginia.org/entries/governors-council-the/#heading2
Both chambers sought protection and representation in London.
The Governor and Council hired their own representative to look out for their interests in London. So too did the House of Burgesses choose their own representative in London to look out after their own interests. In particular we have a story on the House of Burgesses representative in London.
Earlier in April 1759 both sides in particular sought a decision by London on solidifying land rights. See the Pistole Controversy, where a fee was charged to patent one's right to a piece of land.
But some decisions were passed by the Council on its own.
In this case, because Council doubled as a Court of last resort in Virginia, they did have a lot of say about county court systems.
When did they move out of Jamestown and come to this building in Williamsburg?
The statehouse in Jamestown burned down for the fourth time on October 20, 1698. The General Assembly met temporarily in Middle Plantation, 11 miles (18 km) inland from Jamestown, and then in 1699 permanently moved the capital of the colony to Middle Plantation, which they renamed Williamsburg. [Wikipedia]
But the House of Burgesses Journal preface indicates some different dates.
The first session [ 19 March 1702/3 ] was held in the hall of William and Mary College. The state house at Jamestown had been destroyed by fire on October 31, 1698, and though the Assembly that met in April, 1699, had promptly made provision for the erection of a capitol at Williamsburg, the structure was not yet ready for occupancy. Source page #21 https://babel.hathitrust.org/cgi/pt?id=uc2.ark:/13960/t01z4gh37&view=1up&seq=21
The fourth session of this Assembly began at the capitol at Williamsburg on the 18th of April, 1705, and continued through the 12th of May.
Source page #27 https://babel.hathitrust.org/cgi/pt?id=uc2.ark:/13960/t01z4gh37&view=1up&seq=27&skin=2021&q1=williamfburg
Wednesday June the12th 1706
A Bill Entituled an act continuing ye act directing ye building the Capitol and the City of Williamsburg with additions.
Source #272 (p. 224) https://babel.hathitrust.org/cgi/pt?id=uc2.ark:/13960/t01z4gh37&view=1up&seq=272&skin=2021&q1=williamfburg
BTW they kept the bricks of the Jamestown bldg to later build a county courthouse:
Saturday May the 25th 1706
The petition of Mr Robert Beverley and others being referr'd from his Excy and Council to the Consideration of this house was read, praying ye' bricks of ye old state house at James Town, may be assign'd for the building a Court house in the said County: And thereupon
Ordered That the bricks of the old state house at James Town be appropriated to the use of James City County for the building a Court house in the said County, and that no person presume to make sof the said bricks, on any other account what- soever.
Source page #252 (p.204)
See archaeology of the Jamestown statehouse
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That's it.
That's our lead story.
There's always more.
Skip around.
Read bits and pieces.
Compiled by Jim Moyer 6/10/2023, updated 06/30/2023, 7/2/2023, 7/9/2023, updated again 4/7/2024
Table of Contents
Pistole to Patent land
The Problem is a Loophole: Lt Gov Dinwiddie knew there was a loophole. He knew of it for years. He was Surveyor General for North and Central America. He found out about that loophole back then. Here's how it worked. First, a fee would be paid for a survey. Then completed, a patent would be issued by the Governor. No fee for that patent. But once that patent was issued, rent by the government could be collected. The loophole? Just don't get a patent. That way you won't have to pay rent to the government. And you could claim that just by having a survey you have some rights to that land. Solution? That act of collecting a fee would solidify the idea that just a survey alone was not enough to confer ownership. You needed that patent.You needed to get that patent. And now you have to pay a fee for that. And after that patent, you will pay rent to the King's Majesty.
Dinwiddie concluded that by " the taking of the fee for himself but also the prevention of fraudulent delay in application for patents by those enjoying the use of land under mere surveyors ' warrants but paying no quit - rents since the lands had not yet actually been patented . . . would result in the great augmentation of the revenue going to the king . "
Dinwiddie also said "It has been too long a Practice here [in Virginia], to have Orders for Land … return their Surveys, Works, and Improvements to the Sec’ry’s Office, by wh’ch they pretend to a legal right, and enjoy the Land for Years before they take out a Patent for them, by wh’ch the Crown has been greatly defrauded.
But the House of Burgesses was mad. They saw this problem differently.
Timing is Everything: Lt Gov Dinwiddie imposed that pistole fee without House of Burgesses approval. He did it on lhe last day of the session, warning no one. He did it on the day after the House rewarded him 500 lbs out of their good feelings for him. Now they feel hoodwinked. Bland's Response: Bland and others thought the Legislature had to be involved in authorizing that. No taxation without representation, right? And would that fee not hurt the poor trying to develop land out west? Would that fee only serve the rich? And in so doing hurt westward development and the economy?This pistole controversy was of rich vs poor. How can the lower classes hope to get a start out in the wilderness with such a fee? This controversy was of republican principles vs royal prerogative. Where is the boundary of a legislature's authority?
Sources
1 Doubloon = 2 Escudos = 1 Pistole - "NOT"
Pistoles is the French word for Doubloons. Doubloons are Pistoles. Pistoles are Doubloons. Both are 2 escudos. A Doubloon = 2 escudos. So does Pistole. A Pistole or Doubloon meant 4 dollars, 2 escudos. But it gets worse.
English nomenclature was confusing, though, since the $8 "double pistole" was the doubloon in English usage, while the $16 "quadruple pistole" was the doubloon in American colonial usage. This was disambiguated in references by calling the $4 the common doubloon or simply doubloon, the $8 the doubloon of four (escudos), and the $16 the doubloon of eight.[5]Spanish America did the same as per es:doblón. - Wikipedia
Source
piftoles and miffiffippi
While covering a law April 1759 we run into those two words. Miffiffippi? That's Mississippi, where the letter "s" looks like an "f." The rule states that when a word ends in an "s," then that "s" will look like the modern "s." Earlier in the word, that "s" is going to look like an "f." That is why you see piftoles which in modern font would be pistoles. I just don't know why the publishers of the House of Burgess Journals chose to show every double s in the long form S. Whereas when there is a double s in The Declaration of Independence. The first s of the double s is long form but the 2nd s is like the modern s. This Note was added on 5/21/2023 because of a reader's observation the the real rules of long form S and the modern s correspond to what you see in the Declaration of Indepence. And, piftoles? That's realy Pistoles. That's not hand guns. That's a spanish coin whose Spanish name is doubloon. Pistoles is the French word for the Spanish Doubloons. Source
The Council
The Council
compiled by Jim Moyer 3/14 –16/2019, 4/17/2019, 7/12/2019, 3/15/2023
Executive Journals of the Council of Colonial Virginia
Title:Executive Journals of the Council of Colonial Virginia
Note:6 volumes; Richmond: Virginia State Library, 1925-1966
House of Burgesses all years
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First Session of the First Euro White Man Legislature meeting in North America: July 30, 1619
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See first session:
The third Jamestown Anglican Church:
In 1617–1619 when Samuel Argall was governor, he had the inhabitants build a new church "50 foot long and twenty foot broad."[3] Situated nearby the old church, it was wooden and built on a one-foot-wide foundation of cobblestones capped by a wall one brick thick (which are visible under the glass on the floor of the present building). It was in this church where the first Representative Legislative Assembly met, which convened there on July 30, 1619.[4]
After 1660, all legal documents were dated as if Charles II had succeeded his father, Charles I, as king in 1649.
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From Hening’s Statutes at Large, I, 543-551.] Orders of a Grand Assembly Held at James City March 13th, 1659/60. Sir William Berkeley, Kn’t. Governour and Capt. General of Virginia. Mr. Theoderick Bland, Speaker.
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Around the time
of Nathaniel Bacon’s Rebellion and of Governor William Berkeley
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Up until 1680 both the Privy Council and the House of Burgesses would meet together as a “Grand Assembly.”
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And because the government buildings were burned down during the Nathaniel Bacon Rebellion in 1676?, the Grand Assembly met:
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From Hening’s Statutes at Large, II, 249 ff. and the Virginia Magazine of History and Biography,XVII, 226 ff. Journal of the Grand Assembly, Held at James City The 23d day of October 1666, by adjournment from the fifth of June 1666. UPON the end of which sessuib it was enabled that the convention of the next should be upon the 25th of April 1667
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[From the Virginia Magazine of History and Biography, XVII, 338 ff.] Proceedings of the House of Burgesses September-October, 1667.]
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From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 1376.] Orders of a Grand Assembly Held at James City: September the twenty fifth Anno: 1674:
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[From the Public Record Office, London, Colonial Office, Class 5, Vol. 1376] Orders of a Grand Assembly Held at James City. the Seventh day of March. Anno 1675.
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From the Public Record Office, London, Colonial Office, Class 5, Vol. 1376.] At a Grand Assembly Begun at Greene Spring The 20th of February 1676/7
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At A Grand Assembly at Green Spring the 20th of February 1676 : These following Sums of Money were Ordered to be paid out of the Public monies in England viz —- To : Colonel John Washington £ 80.
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At a Grand Assembly Begun at Green Spring the 20th day of February In the twenty nineth year of the Reign of our most gracious Sovereign Lord Charles the second (by the grace of god) of England Scotland France and Ireland King Defender of the faith. & c
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[From the Public Record Office, London, Colonial Office, Class 5, Vol. 1376.] Orders of the Grand Assembly Held at James City the fifth day of June Anno 1676:
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Begun at the Middle Plantation at the house of Cap’ Otho Thorpe the tenth day of October: Anno 1677:
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After Berkeley to Spottswood
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Journals of 1685- 1686 (this after the intro with pages numbered with Roman Numerals)
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Assembly of 1688 (The year of King William’s beginning in the Glorious Revolution) and more on 1688
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1695-1696, 1696-1697, 1698, 1699, 1700-1702 Table of Contents
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1702/3-1705, 1705-1706, 1710-1712 Table of Contents
William Gooch Era
1727-1749
or
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The Assembly elected for 1727 to 1734
had 4 sesssions.
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1st session:
page 3, Feb 1, 1727 to March 30, 1728
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2nd session:
page 57, May 21, 1730 to July 9, 1730
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3rd session:
page 115, May 18, 1732 to July 1, 1732
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4th session:
page 171, Aug 22, 1734 to Oct 4, 1734
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339
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The Assembly elected for 1736 to 1740
had 4 sessions. between Aug 5, 1736 to Aug 28, 1740.
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1st session:
page 391, Aug 5, 1736 to Sept 22, 1736
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2nd session:
page 437, Nov 1 to Dec 21, 1738
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3rd session:
page 445, May 22 to June 16, 1740
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4th session:
page 449, Aug 21 to Aug 29, 1740
House of Burgess 1742-1747, 1748-1749,
Volume 7
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The Assembly elected for 1742 to 1747
had 5 sessions. between May 6, 1742 to April 18, 1747.
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Samuel Earles and Andrew? Campbell are listed as representing Frederick Co VA
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1st session,
page 3, May 6, 1742 to June 19, 1742
Page 50 contains the story of James Wood’s only election in Orange County, out of which Frederick Co and Augusta County were created.
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2nd session,
page 75, September 4, 1744 to October 25, 1744
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3rd session,
page 153, February 20, 1745 to April 12, 1746
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page 225, July 11, 1746 to July 16, 1746
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page 235, March 30, 1747 to April 18, 1747
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had only one session – October 27, 1748 to May 11, 1749, though a long recess was taken from December 17 to March 2.
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George Fairfax and Gabriel Jones listed as representing Frederick Co VA for this Assembly.
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George William Fairfax and Gabriel Jones listed as representing Frederick Co VA, but Perkins succeeded Gabriel Jones when Gabriel Jones accepted a Coroner position in the 2nd session.
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1st Session
1752 session, page 3 from Feb 27, 1752 to April 20, 1752
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2nd Session
1753 session, page 103, November 1, 1753 to December 19, 1753
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3rd Session
1754, February Session, page 175, February 14, 1754 to February 23, 1754
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4th Session
Journal, 1754, August Session, page 189, August 22, 1754 to September 5, 1754
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5th Session
Journal, 1754, October Session, page 209, October 17, 1754 to November 2, 1754
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6th Session
Journal, 1755, May Session, page 231, May 1, 1755 to July 9, 1755
This session ended unknowingly on the day of Braddock’s Defeat.
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7th Session
Journal, 1755, August Session, page 297, August 5, 1755 to August 23, 1755
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8th Session
Journal, 1755, October Session, page 319, October 27, 1755 to November 8, 1755
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Memorandum from Committee to Supervise Military Expenditures, 8–11 November 1755
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New elected Assembly:
George Washington lost his first election December 10, 1755 to represent Frederick County VA. George William Fairfax and Hugh West listed as representing Frederick Co VA.
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1st Session
Journal, 1756, March Session, page 335, March 25, 1756 to May 5, 1756
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2nd Session
Journal, 1756, September Session, page 401, to September 20, 1756 to September 28, 1756
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3rd Session
Journal, 1757, April Session, page 413, April 17, 1757 to June 8, 1757
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4th Session
Journal, 1758, page 495, March 30, 1758 to April 12, 1758
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Page xxix: Dinwiddie left Virginia in January, 1758, and his fucceffor. Governor Fauquier, did not reach the Colony till the 7th of June., 1758. John Blair, President of the Council, was in the interim acting governor. By special command of the home government, Blair called the Assembly together for the purpose of providing as large a force as could possibly be gotten together to take part in the expedition under General Forbes for the capture of Fort Duquesne. The Assembly met on the 30th of March and remained in session till the 12th of April
1758 to 1761,
Volume 9
September 14, 1758 to April 10 , 1761
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December 12, 1759 letter from Committee of Correspondence to English Agent Edward Montague
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Colonel George Washington was elected July 24, 1758 with Thomas Bryan Martin are listed as representing Frederick County
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1st Session
page 3, September 14, 1758, to October 12, 1758
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2nd Session
page 49, November 9, 1758 to November 11, 1758
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3rd Session
page 55, February 22, 1759, to April 14, 1759
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4th Session
page 133, November 1, 1759 to of November 21, 1759
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5th Session
page 157, March 4, 1760 to March 11, 1760
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6th Session
page 171, May 19, 1760 to May 24, 1760
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7th Session
page 183, October 6, 1760, to April 10 , 1761
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