When the Assembly met again, in March, 1659, it found that its supremacy was once more threatened. A letter had been received from Henry Lawrence, President of the Council of State in the home government, which seemed to imply that the Governor and his Council and not the Burgesses, were to hold the chief power in Virginia. Lawrence declared that the "looseness" of affairs in the colony had induced Cromwell to take active steps for the settlement of its constitution, but that these measures had been brought to a sudden halt by the Lord Protector's death. The matter was, however, still before the Council of State, and the colony might soon expect some definite orders from its deliberations. In the meanwhile, he wrote, "their Lordships do will and require you the present Governour and Councill there to apply yourselves ... to the peaceable and orderly management of the affairs of that collony, according to such good lawes and customes as have been heretofore used and exercised among you".[371]
The Burgesses were deeply agitated by this letter. They at once passed resolutions promising to obey the commands of the Council of State, but they determined to write the new Lord Protector, Richard Cromwell, asking that the privileges of the Burgesses be confirmed. In this crisis the Governor gave striking evidence of his liberal inclinations by coming before the House to promise them his support. "He acknowledged the supream power of electing officers to be by the present lawes resident in the Grand Assembly", and offered to "joyne his best assistance with the countrey in makeing an addresse to his Highnesse for confirmation of their present priviledges".[372]
In the meanwhile an act was prepared making some important changes in the constitution, but confirming the power of the Burgesses. It was proposed, first, that Colonel Matthews "bee the Governour and Captain Gennerall of Virginia for two yeares ensueing, and then the Grand Assembly to elect a Governour as they think fitt, the person elect being then one of the Councell". The personnel of the Council was to remain unchanged and for the future its members were to serve for life, "except in case of high misdemanors". Lastly the Governor was to have the privilege of nominating the Councillors, but the Burgesses could confirm or reject at their discretion.[373] The Council at first assented to these proposals, "till the pleasure of his Highness be further signified", but later, it seems, they "expressly declined the said act", and declared the Assembly dissolved.[374] Whether or not the Burgesses submitted to this dissolution and left the Governor and Council to govern the colony as they chose, does not appear. It is quite probable that the executive, in the interval between the sessions of Assembly of March 1659 and March 1660, based its right to rule, not upon the commission of the Burgesses, but upon the authority given it in Lawrence's letter.