Afterwards the governor had a more extensive power put into his hands, so that his assent in all affairs become absolutely necessary; yet was he still bound to act by advice of council in many things.
Until the rebellion 1676, the governor had no power to suspend the counsellors, nor to remove any of them from the council board.
Then a power was given him of suspending them, but with proviso, that he gave substantial reasons for so doing; and was answerable to his majesty for the truth of the accusation.
Then also this model of government by a governor, council and assembly, was confirmed to them with a farther clause, that if the governor should happen to die, or be removed, and no other person in the country nominated by the crown to supply his place, then the president, or eldest councillor, with the assistance of any five of the council, should take upon him the administration of the government, all which are authorized by commission and instructions to the governor.
Before the year 1680, the council sat in the same house with the burgesses of assembly, much resembling the model of the Scotch parliament; and the Lord Colepepper, taking advantage of some disputes among them, procured the council to sit apart from the assembly; and so they became two distinct houses, in imitation of the two houses of parliament in England, the lords and commons; and so is the constitution at this day.
§ 2. The governor is appointed by the crown; his commission is under seal, and runs during pleasure.
He represents the king's person there in all things, and is subject to his instructions.
His assent is necessary to the laws, agreed upon by the council and assembly; without it no law can be made.
His test to all laws so assented to is also requisite.
He calls assemblies by advice of council, but prorogues or dissolves them without.