The Oath.
You shall sweare that as a Burgesse of this House you shall not either
directly or indirectly repeate nor discover the present or future transactions,
debates or discourses that are now or hereafter shall be transacted or
debated on in the House to any person or persons whatsoever except to a
Burgesse of this Assembly now present dureing the time of this present
session. So help you God and the contents of this Booke.
This oath taken by all the Burgesses present.
The reply of the honourable the Governour
and Councill.
Vpon your assurance of a speedy issue to conclude the acts so near
brought to a confirmation in this Assembly, wee are willing to come to a
speedy conclusion, And to referre the dispute of the power of disolving and
the legality thereof to his Highnesse, the Lord Protector:
Subscribed,
Samuell Mathewes.
Wm. Claiborne, Sec.
Ja: Cittie, April 2d, 1658.
The Answer of the Burgesses.
The House is vnanimously of opinion that the answer returned is
vnsatisfactory, and desire with as much earnestnes as the honourable
Governour and Councill have expressed, a speedy dispatch, and propose
That the Governour and Councill please to declare.
The House remaines vndisolved that a speedy period may be putt to
the publique affaires.
Subscribed,
John Smith, Speaker.
James, Ap: the 2d, 1658.
The Reply of the Governour and Councill.
Vpon your promise received of the speedy and happy conclusion, wee
revoke the declaration for the dissolution of the Assembly, and referre the
dispute of the power of dissolving and the legality thereof to his Highnesse
the Lord Protector.
Subscribed,
Samuel Mathewes.
Wm. Claiborne, Sec.
The House vnsatisfied with these answers, appointed a comittee to
draw vp a report for manifestation and vindication of the Assembly's
power which after presentation to the House to be sent to the Governour
and Councill. These vnderwritten being appointed the commitee:
Coll. John Carter, Mr. Warham Horsmendon, Coll. John Sidney,
Lev't Coll. Thomas Swann, Major Richard Webster, Mr. Jerom Ham,
Capt. Wm. Michell.
The same committee is by the House impowered to draw vp all such
propositions as any way tend to or concerne the settling the present affaires
of the country and government.
The Report of the Committee nominated for
vindication and manifestation of the Assemblyes
power.
Wee have considered the present constitution of the government
of Virginia and do propose, That wee find by the records The present
power of government to reside in such persons as shall be impowered
by the Burgesses (the representatives of the people) who are not
dissolvable by any power now extant in Virginia, but the House of Burgesses.
They humbly thinke fitt that the House do propose,
Samuel Mathewes, Esquire, to remaine Governour and Capt. Gen'll
of Virginia, with the full powers of that trust, And that a Councill be
nominated, appointed and confirmed by the present Burgesses convened,
with the assistance of the Governour for his advice.
Vpon which Report was drawne vp this Declaration.
The Burgesses takeing into consideration the many letts and obstructions
in the affaires of this Assembly and conceiveing that some persons of
the present councell endeavour by setting vp their own power to destroy
the apparent power resident only in the burgesses, representatives of the
people, as is manifest by the records of the Assembly:
Wee the said Burgesses do declare, That we have in our selves the full
power of the election and appointment of all officers in this country vntil
such time as wee shall have order to the contrary from the supreme power
in England; All which is evident vpon the Assembly records.
And for the better manifestation thereof and the present dispatch of
the affaires of this countrey we declare as followeth:
That wee are not dissolvable by any power yet extant in Virginia but
our owne; That all former election of Governour and Councill be void
and null; That the power of governour for the future shall be conferred on
Coll. Samuell Mathewes, Esq. who by vs shall be invested with all the just
rights and priviledges belonging to the Governour and Capt. Generall of
Virginia, and that a councill shall be nominated, appointed and confirmed
by the present burgesses convened (with the advice of the Governour for
his assistance); And that for the future none bee admitted a councellor
but such who shall be nominated, appointed and confirmed by the house
of Burgesses as aforesaid, vntill further order from the supreame power in
England.
Subscribed,
John Smith, Speaker.
