Assembly Proceedings, April — May 1666. 35

would be pleased to signify to the Lower House the day of
Sessions, Taking into Consideration the said Message do return
answer that the appointing a day of Sessions being the Sole
Right of the Lord Proprietary they cannot pretend any thing
in order to it, but humbly advise his Lordsp or his Lieuten!
here, & he being at this time employed about his Lordsp's other
urgent Affairs this house doth desire the Lower House that
they will take it into their serious Consideration the present
deplorable State of the Province reduced to almost extreme
Poverty, by the decay of our only Commodity Tobacco, & that
they will well weigh that important Business, which was the
third & not the least Cause of calling this Assembly, & cannot
believe that they in prudence can think fit to petition the Lieu-
tenant General for a Session, till they have secured that great
Interest of the Province whither in relation to War or peace

U. H.

Journal

1659-98

Which Answer was sent to the Lower House by M^r Brooke

The House Adjourned till nine of the Clock to Morrow
Morning

Tuesday 24^th April 1666

At nine of the Clock the House met Present as before ex-
cept the Govern^t

Upon the Act for hog Stealers returned by the Lower house
was Endorsed viz. The Lower House have taken into Con-
sideration the last Answer of the Upper House to this Act
concerning Hogstealers do judge that double Damages will
not be so proper as a certain fine & further desires the Upper
House their Consideration further thereupon, & to signify their
full Determination in Concurrence therewith or otherwise
W^m Bretton Clk.

To which was Answered

The Upper House sees no cause to recede from their former
judgm^t Viz. That damages is more proper & agreeable to
Law, to annex with corporal Punishment than fines. And the
Certainty lyes in the quantity of Hogs found out & not either
in the fines or Damages J: G:

Then was read the Act for building a Prison at S^t Marys &
sent to the Lower house
The House Adjourned till one of the Clock
The House met again Present as before

Then was sent an Act Entituled an Act for the Advance of
other Commoditys more staple than Tob^o. An Act for En-
couragem^t of Trade subscribed — The Lower House are desired
to debate this Act & to signify their Concurrence or otherwise
their Reasons why they cannot Consent J: G:

p. 102