Staggered by the determined attitude of the Burgesses, the Governor and Council at once showed signs of weakening. They were willing, they said, to allow the Assembly to continue its deliberations, provided the work were brought to a speedy conclusion. The "dispute of the power of disolving and the legality thereof" they wished to refer to the Lord Protector. But the House resolved unanimously that this answer was unsatisfactory. The withdrawal of the dissolution was not enough, the Governor and Council must acknowledge that their act was illegal and therefore had never taken effect. "The House, unsatisfied with these answers, appointed a committee to draw up a report for the manifestation and vindication of the Assembly's power which after presentation to the House to be sent to the Governour and Councell."[368] This committee recommended the immediate dismissal of the Council, and proposed resolutions declaring the "power of government to reside in such persons as shall be impowered by the Burgesses (the representatives of the people) who are not dissolvable by any power now extant in Virginia, but the House of Burgesses". Upon receiving this report the House proceeded to annul "all former election of Governour and Councill". Since the executive had presumed to abuse its authority by defying the body that had appointed it to office, it must be removed to evince to all the supremacy of the House. The Burgesses seem not to have laid the blame for this crisis upon the Governor, but upon some of the Councillors, who were endeavoring to make their own power supreme in the government. Colonel Matthews was, therefore, reëlected, and invested with "all just rights and privileges belonging to the Governour and Captain Generall of Virginia".[369]
Fearing that the Council might offer resistance to their decrees, the Burgesses commanded the serjeant-at-arms of the Assembly and the sheriffs of James City county not to execute any warrant, precept or command from any other person than the Speaker of the House. The Secretary of State, Colonel William Claiborne, was directed to deliver up the public records. But the Governor and Council seem not to have thought of resistance, and submitted to the recall and to a new election by the Assembly. Although they had just resolved that "for the future none bee admitted a councellor but such who shall be nominated, appointed and confirmed by the house", the Burgesses now allowed the Governor to propose to them a list of names for the new Council. It would seem that Nathaniel Bacon and Francis Willis were regarded as the instigators of the dissolution, for they were the only members of the Council which had signed the offensive order who were not now reëlected.[370]