372 Assembly Proceedings, Dec. 5-9, 1704.

U. H. J.

. Day the Time they were first Prorogued to. I offered it to
three of her Majesty's hon:^ble Council being all I could then
get to advise with. Who gave me their best Advice and that
upon the greatest Reason that since it was doubted whether
they should meet sooner than the Time they were once
Prorogued to It was far safer they should be Convened at the
certain Time they were first Prorogued to rather than run any
Hazard of the Legality of the Session

p. 347

After which his Excell ordered the Clerk of the Council to
read what he intended to say to the Assembly. Which being
read all the Gent, of her Majesty's Council being now present
do very well approve thereof as Sufficient & proper on this
occasion
Came M^r Henry Coursey M^r Robert Gooldsborough Col
Smallwood M^r Elias King and M^r James Philips to acquaint
his Excell the Governour that there is an appearance of the
majority of the House of Delegates and that they were Come
from them to inform his Excell of the death of Col W^m Dent
their Speaker and desired his Commands to make Choice of
another
To which his Excellency was pleased to answer they might
do so
Came M^r Gooldsborough and M^r Coursey to acquaint his
Excellency that the House had made choice of a Speaker and
waited his Leave to present him
To which his Excell made answer that he was ready to
receive them
Then came the house of Delegates and presented Col Tho^s
Smith for their Speaker who formerly acknowledged that
besides his present Inability of Body he well knew himself
unfitt for that Service and prayed his Excellency would Com-
mand the House to make choice of a better
But his Excell was pleased to say he doubted not the
wisdom of the House of Delegates in their Choice of him
who had so fair a Character and would not admitt his Excuse
to restore him to a good Health of body
the better to Enable him to Discharge his office

Original
Journal.

Then the Speaker prayed his Ex^ncy to Grant them the free
Exercise of their Rights and Priviledges that they might not
be infringed but suffered freedom of Debate and Access to his
Ex^ncy person & if any mistake should arise it might be Can-
didly Interpreted
Which his Ex^ncy was pleased to Assure him of and then
bespake them as followeth.
M^r Speaker and you Gentⁿ Delegates.
Your now meeting at this late & unseasonable time of the
year presses your utmost Sedulity in the Dispatch of the