fecure the people from the abuse of power; that they may be free by their just obedience, and the magiftrates honourable for their juft adminiftration: For liberty without obedience is confufion, and obedience without liberty is flavery. To carry this evenefs is partly owing to the conftitution, and partly to the magiftracy: Where either of thefe fail, government will be fubject to convulfions; but where both are wanting, it must be totally fubverted: Then where both meet, the government is like to endure. Which I humbly pray, and hope GOD will pleafe to make the lot of this of Pennfylvania. Amen.

WILLIAM PENN.

The FRA M E, &c.

"To all people to whom thefe prefents fhall come. Whereas King Charles the fecond, by his letters patents, under the great feal of England, for the confideration therein mentioned, hath been graciously pleafed to give and grant unto me William Penn (by the name of William Penn, Efq; fon and heir of Sir Wil liam Penn deceafed) and to my heirs and affigns for ever, all that tract of land, or province, called Pennfykvania, in America, with divers great powers, pre, eminences, royalties, jurisdictions, and authorities, neceffary for the well-being and government thereof; Now know ye, That for the well-being and government of the faid province, and for the encouragement of all the freemen and planters that may be therein concerned, in purfuance of the powers afore-mentioned, I the faid William Penn have declared, granted, and confirmed, and by these prefents, for me, my heirs and affigns, do declare, grant and confirm unto all the freemen, planters and adventurers, of, in and to the faid province, thefe liberties, franchifes, and

properties,

properties, to be held, enjoyed and kept by the freemen, planters and inhabitants of the faid province of Pennsylvania for ever.

Imprimis. That the government of this province fhall, according to the powers of the patent, consist of the governor 'and freemen of the faid province, in form of a provincial council and general affembly, by whom all laws fhall be made, officers chofen, and public affairs tranfacted, as is hereafter refpectively declared. That is to fay,

II. That the freemen of the faid province fhall on the twentieth day of the twelfth month, which shall be in this prefent year one thousand fix hundred eighty and two, meet and affemble in fome fit place, of which timely notice shall be before-hand given by the governor or his deputy, and then and there fhall chufe out of themselves feventy-two perfons of moft note for their wisdom, virtue, and ability, who fhall meet on the tenth day of the first month next enfuing, and always be called and act as the provincial council of the faid province,

III. That at the first choice of fuch provincial council. one third part of the faid provincial council shall be chofen to ferve for three years then next enfuing, one third part for two years then next enfuing, and one third part for one year then next following fuch election, and no longer; and that the faid third part fhall go out accordingly; antl on the twentieth day of the twelfth month as aforefaid, yearly for ever afterward, the freemen in the faid province fhall in like manner meet and affemble together, and then chufc twenty-four perfons, being one third of the faid number, to ferve in provincial council for three years: It being intended, that one third part of the whole provincial council (always confifting, and to confift of feventy

feventy-two perfons, as aforefaid) falling off yearly, it fhall be early fupplied by fuch new yearly elections as aforefaid; and that no one perfon fhall continue therein longer than three years; and in cafe any member shall decease before the laft election during his time, that then, at the next election enfuing his decease, another shall be chofen to fupply his place for the remaining time he was to have ferved, and no longer.

IV. That after the firft feven years, every one of the said third parts that goeth yearly off, fhall be incapable of being chofen again for one whole year following: That fo all may be fitted for government, and have experience of the care and burden of it.

V. That the provincial council in all cafes and matters of moment, as their arguing upon bills to be past into laws, erecting courts of juftice, giving judgment upon criminals impeached, and choice of officers, in fuch manner as is herein after mentioned; not lefs than two-thirds of the whole provincial council fhall make a quorum; and that the confent, and approba tion of two-thirds of fuch quorum, fhall be had in all fuch cafes and inatters of moment. And moreover, that in all cafes and matters of leffer moment, twenty. four members of the faid provincial council fhall make a quorum, the majority of which twenty-four fhall and may always determine in fuch cafes and caufes of leffer moment.

VI. That in this provincial council the governor, or his deputy, fhall or may always prefide, and have a treble voice; and the faid provincial council fhall always continue, and fit upon its own adjournments and committees.

VII. That the governor and provincial council fhall prepare and propofe to the general affembly hereafter mentioned,

mentioned, all bills, which they fhall at any time think fit to be paffed into laws within the faid province; which bills fhall be published and affixed to the most noted places in the inhabited parts thereof, thirty days before the meeting of the General Affembly, in order to the pafling them into laws, or rejecting of them, as the General Affembly fhall fee meet.

VIII. That the governor and provincial council fhall take care, that all laws, ftatutes and ordinances, which fhall at any time be made within the faid province, be duly and diligently executed.

IX. That the governor and provincial council fhall at all times have the care of the peace and fafety of the province, and that nothing be by any perfon attempted to the fubverfion of this frame of govern

ment.

X. That the governor and provincial council fhall at all times fettle and order the fituation of all cities, ports, and market-towns, in every county, modelling therein all public buildings, ftreets, and market-places, and shall appoint all neceffary roads, and highways in the province,

XI. That the governor and provincial council fhall at all times have power to infpe&t the management of the public treasury, and punish those who shall convert any part thereof to any other use than what hath been agreed upon by the governor, provincial council, and general affembly.

XII. That the governor and provincial council shall erect and order all public schools, and encourage and reward the authors of ufeful fciences and laudable inventions in the faid province.

XIII. That for the better management of the powers and truft aforefaid, the provincial council fhall from time to time divide itfelf into four diftinct and proper

com

committees for the more easy administration of the af 'fairs of the province, which divides the feventy-two into four eighteens, every one of which eighteens fhall confift of fix out of each of the three orders or yearly elections, each of which shall have a distinct portion of business, as followeth: First, a committee of plantations, to fituate and fettle cities, ports, and market-towns, and highways, and to hear and decide all fuits and controverfies relating to plantations.

Se

condly, a committee of juftice and fafety, to fecure the peace of the province, and punish the mal-administration of those who fubvert justice to the prejudice of the public or private interest. Thirdly, a

committee of trade and treafury, who shall regulate all trade and commerce according to law, encourage manufacture and country-growth, and defray the public charge of the province. And fourthly, a committee of manners, education, and arts, that all wicked and fcandalous living may be prevented, and that youth may be fucceffively trained up in virtue and useful knowledge and arts: The quorum of each of which committees being fix, that is, two out of each of the three orders or yearly elections, as aforefaid, make a conftant and standing council of twenty-four, which will have the power of the provincial council, being the quorum of it, in all cafes not excepted in the fifth article; and in the faid committees and ftanding council of the province, the governor or his deputy fhall or may prefide as aforefaid; and in the abfence of the governor or his deputy, if no one is by either of them appointed, the faid committees or council fhall appoint a prefident for that time, and not otherwife; and what fhall be refolved at fuch commitmittees, fhall be reported to the faid council of the province, and shall be by them refolved and confirmed

before