If the administration of the government happen to fall into the hands of the president and council, there is then usually allowed to the president, the addition of five hundred pounds a year only; and to the council, no more than what is given them at other times.
§ 3. The gentlemen of the council are appointed by letter or instruction from his majesty, which says no more, but that they be sworn of the council.
The number of the counsellors when complete, is twelve; and if at anytime, by death or removal, there happen to be fewer than nine residing in the country, then the governor has power to appoint and swear into the council, such of the gentlemen of the country as he shall think fit to make up that number, without expecting any direction from England.
The business of the council, is to advise and assist the governor in all important matters of government, which he shall consult them in.
In the general assembly, the council make the upper house, and claim an entire negative voice to all laws, as the house of lords in England.
The salary of the council is in all but three hundred and fifty pounds per annum, to be proportioned among them according to their attendance on general courts and assemblies.
§ 4. The burgesses of assembly are elected, and returned from all parts of the country, viz: from each county, two; and from James City, one; and from the college, one; which make up in all sixty burgesses. They are convened by writs issued from the secretary's office, under the seal of the colony, and the test of the governor. These are directed to the sheriff of each county respectively, and ought to bear date at least forty days before the return. The freeholders are the only electors, and wherever they have a freehold (if they be not women, or under age, or aliens) they have a vote in the election. The method of summoning the freeholders, is by publication of the writ, together with the day appointed by the sheriff for election, at every church and chapel in the county, two several Sundays successively. The election is concluded by plurality of voices; and if either party be dissatisfied, or thinks he has not fair treatment, he may demand a copy of the poll, and upon application to the house of burgesses, shall have his complaint inquired into. But to prevent undue elections, many acts have been there made, agreeably to some lately enacted in England.
The first business of a convention, by the governor's direction, is to make choice of a speaker, and to present him in full house to the governor. Upon this occasion, the speaker, in the name of the house, petitions the governor to confirm the usual liberties and privileges of assembly, namely, access to his person whenever they shall have occasion; a freedom of speech and debate in the house, without being farther accountable; a protection of their persons, and their servants from arrest, &c. And these being granted by the governor, and the cause of their meeting declared by him, they proceed to do business, choosing committees, and in other things imitating as near as they can the method of the honorable house of commons in England.
The laws having duly passed the house of burgesses, the council, and the governor's assent, they are transmitted to the king by the next shipping for his approbation, his majesty having another negative voice. But they immediately become laws, and are in force upon the governor's first passing them, and so remain if his majesty don't actually repeal them, although he be not pleased to declare his royal assent, one way or other.
There are no appointed times for their convention, but they are called together whenever the exigencies of the country make it necessary, or his majesty is pleased to order anything to be proposed to them.