The Concession and Agreement outlined a fusion of powers system, which allowed for an overlap of executive, legislative and judicial authority.

The East Jersey government remained in power, however, until the arrival and qualification of the royal governor, Viscount Cornbury.

If a vacancy occurred in the Governor's office due to death or absence from East Jersey, the Council was authorized to appoint a president.

Andrew Hamilton on 20 April 1703 when Lewis Morris became president until the arrival of Governor Cornbury and the establishment of the new government.

The Provincial Council was the upper house of the colonial legislature, and as such was a distant predecessor to the modern New Jersey Senate.