36 Assembly Proceedings, April — May 1666.

U. H.
Journal
1659-98

An Act for the Clerk's Fees & Allowance for Jurors in civil
Causes passed both Houses

Then came a Member from the Lower House with an An-
swer in writing to the Message sent by the Upper House yes-
terday concerning the appointing the day of Sessions & is as
followeth viz
Tuesday 24^th April 1666

Upon an Answer from the Upper House last night sent to
this House in answer to the request concerning the day of
Sessions they are satisfyed to the former part of that Answer
that the Lord Proprietary or his Lieuten^t have only power for
the appointing the day of Sessions but were not advised then
of the Lieuten^t Generall's Absence As to the other part as
touching the Upper House's desire that this House would take
into their Consideration the deplorable Estate of this Province
as relating to the Trade of Tobacco, although this House not
not long after the first Convention had taken the Consideration
thereof upon a full & long debate Voted unnecessary that a
Cessation be imposed upon this Province but that every man
be left to his Liberty which Vote was granted upon great De-

p. 103

liberation Yet that We may not appear otherwise than rational
in our Proceedings We have thought good to reassume the
Debate in relation thereunto & do propose to the Upper House
as followeth
We humbly conceive it will be more proper that Notice be
first given to the Lord Proprietary of this Province as touch-
ing the Proposal of a Cessation that thereby he may first Con-
sider how the same may quadrate with his Lordships Interest
here & that his Lordship's Pleasure may first be signifyed hither
if he like the Proposition whose pleasure as touching the same
may reasonably be Expected about the middle of November
next if the Proposition be sent him this Shipping for We are
not willing to act or determine anything which may reflect
upon his Lordships Rights Interest or Prerogative without
especial Direction from himself, & that if a Cessation be pre-
fixed as some Persons desire it may be, the Consequence may
prove very prejudicial to the Proprietor in that We have rea-
son to believe that this Province will be much depopulated by
such Occasion, & what other Prejudices it may usher in to the
disadvantage of his Lordships rule & Dignity over this Pro-
vince, We presume his Lordship is more sensible than Our-
selves And therefore We the Burgesses of this present Assem-
bly do judge that in Duty We are bound to apply ourselves
first to him whose Preservation in his just Rights & Dignity do
so nearly concern our & this Province's peace & Tranquillity
that if his Lordship shall conclude it necessary that a Cessation