Assembly Proceedings, Feb. — Mch. 1659/60. 389

2. As to those words (vizt) This Assembly of Burgesses
iudging themselues to be a lawfull Assembly; whither they doe
Judge themselues to be a lawfull Compleate Assembly without
the Governor and those other Members summoned to sitt by
speciall writt in the Vpper howse
3. As to those words (vizt) independent on any other power
in the Province now in being, whither they doe iudge they are
wholly independent on the power of the Lord Proprietary yea
or not
Signed by order of the vpper howse
Philip Calvert

Vpon the delivery of w^ch paper, the Burgesses desired a
Conference with this Vpper howse by M^r Robert Slye and M^r
Thomas Hinson which was Condiscended vnto.

U. H.
Journal
1659-69

Wherevpon they came to a Conference from the Lower
howse, and then
The howse adiourned it selfe to nyne of the Clock to morrow
morneing
Tuesday March 13^th 1569

Present as yesterday. The Opinion of the Governor &c.
To the paper presented yesterday from the lower howse is as
followeth
The Speaker and howse mett in the Vpper howse at a con-
ference. And vpon debate it was declared (as to the queres)
by the Governor, It is his Judgment that the Lord Proprietary
by himselfe or his Deputy ought to be present and have a
Casting voice, and that as Governor he had not any power to
Confirme lawes made by the Burgesses for any longer tyme
then vntill his lo^p or his heires should declare their disassent
But he did believe the intent of the King in his lo^ps Pattent
was that the ffreemen by writt assembled either by themselues
or their deputies should make and Enact lawes, and those lawes
soe made were to be published in his lo^ps name, and then to be
in full force. Provided they be agreeable to reason, and in noe
case repugnant to the Lawes of England
The Secretary did and doth declare, that it is not in the
power of the Burgesses by themse[lves] without the assent of
the Lord Proprietary or [the] Governor lawfully therevnto
authorized by his [said] Lo^p to enact any lawes within this
Province
Thomas Gerrard his Opinion being demanded, as a privat
man sumoned by w[ritt] not one of his lo^ps councell, but as
formerly hath bene as Lord of a Mannor doth give his opinion
with the Governor. But further saith that his Opinion is that
if any Lawes be enacted by this Assembly or any other be

p. 75