called kingdoms, just as in America isolated settlements were combined to form colonies, and colonies grew into states, and states into a Federal Union; how shires were formed in Virginia, "to be governed as shires in England;" how English precedent was followed in all the settlements both north and south, but not the same precedent; how the township prevailed in New England and the county in Virginia, and why; how great plantations grew up in Virginia, while small farms were carved out among the Puritans; how towns failed to flourish in Virginia, while they became numerous and populous from the Hudson to the Merrimac; how the two systems of township and county government were transplanted to the West and Northwest, and came into rivalry; and how the township system has exhibited an intense vitality and a tendency to supplant its rival, wherever it has come into free competition with it.

1. Government of the Colony (1606-1619).-The government of the Virginias had its beginning in the charter of a great trading corporation, which was granted by King James I, in 1606, to Sir Thomas Gates and others. This great corporation, sometimes called the Virginia Company, had two branches: (1) the London branch; and (2) the Plymouth branch. They are usually spoken of in history as the London Company and the Plymouth Company; but the charter calls them the "first Colony" and the "second Colony," respectively. All states and sovereignties which grant charters, provide for the government of the company chartered. The provisions for the government of the Virginia Company were simple. The King retained full control. A council, styled the Council of Virginia, consisting of thirteen persons, resident in England, and appointed by the King, had the superior direction of all matters of government. This council corresponds in the main to the board of directors of a present day corporation. A local council in each colony, also consisting of thirteen persons, but appointed in accordance with instructions given by the King, governed with respect to local affairs in accordance with ordinances and instructions approved by the King. Under the King's instructions the local council of the "first Colony," with which we are alone concerned, was appointed by the London council, and a president was designated for one year. After the first year the colonial council had power to elect its own president each

year, depose him for misconduct, and fill its own vacancies. These powers are similar to those exercised by the stockholders of a present day corporation in general meeting.

In 1609 King James I yielded his usual obstinacy to the "humble suit and request" of some favorite members of the company so far as to grant them an amendment of their charter. By the amendment the London council was named by the King in the charter; but ail vacancies were to be filled in the future "by the Voice of the greater part of the company in their assembly for that purpose." The London council had power to admit any other person as a member of the company; and, further, in a General Assembly upon good cause, to disfranchise a member. This council was also given power to make and remove governors, officers, and ministers, and to establish laws and government for the colony. It was also given power to lay and collect custom house duties and to wage war for defensive purposes only. Thus the sole power of establishing a colonial government, making laws, appointing officers, levying and collecting customs, and waging war, was vested in the council.

The evolution of free government began with the second amendment of the charter in 1612 The Bermuda Islands were added to Virginia's territory. The company was authorized to hold a "Court and Assembly" once a week, or oftener at its pleasure, for the administration of the lesser affairs of the colony, at which not less than five members of the council and fifteen members of the company should be present. And for the dispatch of affairs of greater weight and importance, there were to be held "four Great and General Courts of the Company," in each year forever, for the purpose of choosing the council, appointing officers, and making such laws and ordinances for the government of the colony as to this assembly should "be thought requisite and meet," provided that the same "be not contrary to the Laws and Statutes of this our realm of England." Other

extensive powers were granted and privileges confirmed. This amendment of the charter marks an event of great political importance. Hitherto Virginia had been governed by the London council. Now all this was changed. The great general courts met. The company included in its membership 659 persons and 56 tradeguilds, of whom 21 were peers, 96 knights, 11 clergymen and physicians, besides captains, engineers, gentlemen, merchants, and others variously classified. The time was the beginning of the struggle of the people to maintain their liberties against the tyrannical usurpations of the Stuart kings. A great democratic assembly had been unwittingly unloosed by the King. It was the forerunner of free government in Virginia. In the course of the next decade King James realized that he had granted away his powers of control over the company. It was then that by a series of arbitrary acts he forced the annulment of the charter of 1624. The Spanish ambassador said to the King, "The Virginia Courts are but a seminary to a seditious parliament." Twenty years after their establishment Charles I was confronted with the seditious Long Parliament.

2. Territory Occupied in 1619.-In the year 1619 a population of about 2,000 was settled along the James River for a distance of 100 miles inland, and occupied a strip on both banks of the river of an average width of five or six miles. There were eleven recognized local divisions variously called cities, hundreds, and plantations.*

3. Popular Rights against King's Prerogative. The local government of the colony by a governor and council appointed by the council in London had never been satisfactory. The situation had become aggravated by the conduct of Argall one of the governors sent out by the company. The people clamored for self-government. About this time a great change was wrought in the affairs of the company at home. Sir Edwin Sandys, a leader of the country party in Parlia

* A city in extent of territory was equivalent to a county. Hence we have James City County.

ment, defeated the King's favorite for the office of treasurer of the company. Sir Edwin and his followers represented the energy and public spirit of the time. Side by side stood with him many noble men, not least among which was the idol of Shakespeare, the brilliant, vesatile Southampton. Sandys and his friends believed in the rights of the people as against royal prerogative. King James said of him when it was proposed to make him treasurer of the company, "Choose the devil if you will, but not Sir Edwin Sandys." It is to him and his followers, men who represent the spirit of their age, that Virginia owes the introduction of representative government.

4. First General Assembly in Virginia (1619).—Acting under instructions from the company the respectable and able Governor, Sir George Yeardley, summoned an assembly of burgesses to be "elected out of each Incorporation and Plantation freely by inhabitants." Under this summons the first election ever held by men of English blood in America for members of a representative assembly, took place. Two members were chosen for each of the boroughs represented. We have no satisfactory knowledge as to the qualification of voters or the manner of conducting the election; but we may assume that the law and practice of English borough elections governed. The Governor, the Council and the Burgesses, together, constituted the General Assembly somewhat on the model of the General Court of Massachusetts, both being fashioned after their prototype, the old English shire-mote (county-meeting), possessing both legislative and judicial powers. The assembly met on July 30th, 1619, and was prorogued on the 5 day of August following. Sessions appear to have been held in 1620 and 1621, and at irregular intervals for some time thereafter.

5. Ordinance Establishing a General Assembly (1621).— The Assembly of 1619 seems to have been summoned under instructions given to Yeardley. By an "Ordinance and Con