Virginia Governor's Council
The Governor's Council was the upper legislative chamber, executive advisory body, and highest colonial court of Virginia before and during the American Revolution.
Last updated August 31, 2026
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Overview
The Virginia Governor's Council was a central governing institution of the Colony of Virginia. Also called the Privy Council or Council of State, it combined responsibilities that modern governments normally divide among separate branches. For much of its existence, the council served as the upper house of the colonial legislature, advised the governor, and exercised the colony's highest judicial authority. Its members were drawn principally from Virginia's wealthy and politically influential planter and merchant families. The institution developed from the governing arrangements created by the Virginia Company of London. After the first settlers reached Virginia in 1607, the company's London board appointed a small council to administer the settlement. The council elected Edward Maria Wingfield as its first president and participated in the early governance of Jamestown. Internal rivalries, deaths, disputes, and difficult conditions rapidly weakened the body. By the winter of 1608–1609, effective authority had become concentrated in very few hands, encouraging the Virginia Company to impose stronger executive control and a period of near-martial government. The company's third charter in 1618 encouraged a more consultative structure. A governor and council were charged with administering the colony, while a House of Burgesses represented local communities. The first meeting of Virginia's representative assembly took place at Jamestown in July 1619. At that time, the council and burgesses sat together with the governor, but the later development of a bicameral General Assembly made the council the upper chamber. The council's legislative role was therefore connected to the emergence of representative government in English North America, even though its own members were not popularly elected for most of the colonial period. When the Crown revoked the Virginia Company's charter in 1624, Virginia became a royal colony. The council continued under royal authority, with members generally appointed by the British sovereign. Vacancies were often influenced by recommendations from governors or lieutenant governors, and appointments normally favored prominent residents with substantial property and social standing. Members served for life unless removed and could exercise considerable influence over legislation, administration, judicial proceedings, patronage, and colonial policy. The council's composition and authority changed temporarily during the English Commonwealth from 1652 to 1660. During that nonmonarchical period, Virginia's burgesses elected council members rather than the Crown appointing them. After the Restoration, royal appointment resumed. The council met as a legislative chamber, held regular judicial sessions, and convened with the governor as an advisory body. When the governor and lieutenant governor were absent, its longest-serving member, the council president, could act as governor. Virginia's independence in 1776 altered the institution's constitutional position. The new state government redistributed most of the council's former authority among the executive, judiciary, and legislature. Council members were appointed by the General Assembly and primarily advised the governor. The body retained some functions for decades, but it no longer possessed the integrated colonial powers it had once exercised. Virginia's constitutional convention of 1850 adopted a reform constitution that eliminated the council as a formal institution and transferred its remaining responsibilities to the governor, lieutenant governor, attorney general, and other state institutions. The surviving council records begin in 1680 and are held by the Library of Virginia.
History
The council's institutional ancestry lies in the Virginia Company's 1606 charter and the settlement established at Jamestown in 1607. The company's governing board appointed a small local council to administer the colony. On April 26, 1607, the council selected Edward Maria Wingfield as president. Early conditions exposed serious weaknesses in the arrangement: members disagreed over policy and authority, several died, and the governing group temporarily dwindled to a single effective member. The Virginia Company responded by strengthening executive authority and suspending the limited collaborative system. The political framework changed after the company's third charter in 1618. The new arrangement included a governor, a council of state, and a House of Burgesses. The first representative assembly met at Jamestown on July 30, 1619. The council was part of this early combined assembly, while the burgesses represented local communities. As Virginia's institutions matured, the General Assembly became bicameral in 1643, placing the Governor's Council in the upper house alongside the popularly chosen lower house. The Crown's conversion of Virginia into a royal colony in 1624 did not abolish the council. Instead, it placed the body within a royal administrative system. Members were normally appointed by the British monarch, although governors and lieutenant governors could influence appointments and recommend candidates. The council was limited to no more than twelve men and was generally populated by wealthy planters and merchants. Its members' economic position helped them meet the demands of public service, while their office strengthened the political influence of their families. The council's responsibilities were unusually broad. It helped formulate and review legislation, advised the governor, administered aspects of colonial government, and acted with the governor as the highest court. Judicial meetings occurred more frequently than legislative sessions, while advisory meetings could occupy substantial periods. The council president, usually its longest-serving member, could serve as acting governor when the colony's governor and lieutenant governor were away. This made senior council membership one of the highest civil positions available to Virginia residents. Between 1652 and 1660, following the English Civil War and the establishment of Cromwell's Commonwealth, the Virginia burgesses selected the council. Royal appointment returned after the monarchy was restored. In the later colonial period the council met less frequently as a legislative body but continued its judicial and advisory functions. The system gave Virginia's elite substantial influence and embodied a colonial adaptation of the British model of a governor, appointed upper chamber, and elected lower chamber. The Declaration of Independence era brought a fundamental constitutional change. Virginia's constitution of June 29, 1776, separated executive, legislative, and judicial responsibilities. The council lost most of its old powers and became chiefly an advisory body whose members were appointed by the General Assembly. The new Senate of Virginia and the state judiciary absorbed important legislative and judicial functions. The council continued in a reduced form during the early state period, but the reform constitution adopted after the 1850 constitutional convention ended it as a formal institution. Its remaining duties were assigned to popularly elected or otherwise constitutionally established executive offices. Records that survive from 1680 onward are preserved at the Library of Virginia.
- 1850
Council abolished under the Reform Constitution
[1]Virginia’s constitutional convention chose not to preserve the council as a formal institution and reassigned its remaining functions to other state offices and institutions.
- 1776
Virginia independence reduces the council’s powers
[1]Virginia’s new constitution separated governmental powers and left the council primarily as an advisory body appointed by the General Assembly.
- 1652
Burgesses elect council members during the Commonwealth
[1]During the period when England lacked a monarchy, Virginia’s burgesses selected members of the council rather than the Crown making the appointments.
- 1643
Council becomes the upper house
[1]The General Assembly developed into a bicameral legislature, with the Governor’s Council serving as its upper chamber.
- 1624
Virginia becomes a royal colony
[1]After the Virginia Company’s charter was revoked, the Crown assumed direct authority and continued the council as part of the royal colonial government.
- 1619
First representative assembly meets at Jamestown
[1]The governor, council, and burgesses met in Jamestown, establishing an early representative legislative framework in English North America.
- 1618
Consultative colonial government reorganized
[1]The Virginia Company’s third charter promoted a structure consisting of a governor, council, and representative House of Burgesses, limiting the earlier concentration of authority in the governor.
- 1607
First local governing council established
[1]After the Jamestown settlers arrived, the Virginia Company’s appointed local council organized the colony’s early administration. Edward Maria Wingfield was chosen as its first president on April 26.
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A colonial governing institution combining upper-chamber legislative work, executive advice, and supreme judicial authority.
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