Page:A Brief History of the Constitution and Government of Massachusetts (1925).pdf/22

12 elections and acts of government whatsoever to be passed, made or done by the said General Court or Assembly, or in council, the Governor…shall have the negative voice." His consent in writing was necessary. Laws were to be sent to England for approval or disapproval, and if not disapproved within three years after presentation they were to be in force. The Governor was to have command of the militia but he could not grant commissions for the exercising of martial law without the advice and consent of the Council or Assistants. In case of the death or absence of the Governor, the took his place, and in the absence of both the Governor and the, the majority in the Council was in charge of provincial affairs. Admiralty jurisdiction and the creation of admiralty courts were reserved to the Crown. Instead of eighteen Assistants  "assistants or counsellors to be advising and assisting to the governor," were provided for. Instead of being chosen by the people they were to be chosen yearly by the General Court or Assembly. Thus the word council came to be used as we find it, though the Council at this time resembled more our Senate than the Governor's Council as we now know it. It was both a legislative body, acting as an upper house and an advisory body, acting as assistant to the governor.

Under this charter Plymouth, Maine and Nova Scotia became part of Massachusetts. Eighteen at least of the Assistants were to come from what was formerly the colony of Massachusetts Bay, four at least from Plymouth, three at least from what was formerly called the Province of Maine and one at least from the territory lying between the river of Sagadehock and Nova Scotia.

The Councillors, or at least seven of them, were to sit from time to time, when called together by the Governor. A