i 7 6 HISTORY OF THE [book vi. 
next to the commander in chief; and on the death 
or absence of the governor, lieutenant-general, 
and lieutenant-governor, the eldest member of the 
council succeeds to the government, under the 
title of President. 
Secondly. They are a council of state, the go¬ 
vernor or commander in chief presiding in person, 
to whom they stand in the same relation as the 
privy-council in Great Britain does to the Sovereign. 
But although every plantation-governor is directed 
by his instructions to advise with his council on 
most occasions, I do not know that, in his execu¬ 
tive capacity, he is absolutely bound to abide by 
their advice. I conceive that he is competent to 
act in most cases, not only without) but even 
against their concurrence : he may, it is true, by 
so doing, incur the king’s displeasure ; but his pro¬ 
ceedings are nevertheless efficient and legal within 
the colony. 
Thirdly. They are named, in every commission 
of the peace, as justices throughout the colony to 
which they belong. 
Fourthly. The council, together with the com¬ 
mander in chief, sit as judges in the court of error 
or court of appeal in civil causes from the courts of 
record; and in some of the islands two or more of 
the members sit with the governor in the court of 
chancery, as assistant commissioners of the great 
