Secondly, I do not find a Model in the World, that Time, Place, and fome fingular Emergencies have not neceffarily altered; nor is it easy to frame a civil Government, that fhall ferve all Places alike.

Thirdly, I know what is faid by the feveral Ad mirers of Monarchy, Ariftocracy, and Democracy, which are the Rule of one, a few, and many, and are the three common Ideas of Government, when Men difcourfe on that Subject. But I chufe to folve the Controverfy with this fmall Diftinction, and it belongs to all three: Any Government is free to the People under it (whatever be the Frame) where the Laws rule, and the People are a Party to those Laws; and more than this is Tyranny, Oligarchy, ora Confufion.

But Laftly, when all is faid, there is hardly one Frame of Government in the World fo ill defigned by its firft Founders, that in good Hands would not da well enough; and Story tells us, the best in ill ones can do nothing that is great or good; Witness the Jewish and Roman States. Governments, like Clocks, go from the Motion Men give them; and as Governments are made and moved by Men, fo by them they are ruined too. Wherefore Governments rather depend upon Men, than Men upon Governments. Let Men be good, and the Government can't be bad; if it be ill, they will cure it. But if Men be bad, let the Government be never fo good, they will endeavour to warp and spoil it to their Turn.

I know fome fay, Let us have good Laws, and no matter for the Men that execute them: But let them confider, That though good Laws do well, good Men do better: For good Laws may want good Men, and be abolished or evaded by ill Men; but good Men will never want good Laws, nor fuffer ill ones. 'Tis true, good Laws have fome Awe upon ill Ministers, but that is where they have no Power to escape or abolish them, and the People are generally wife and good: But a loofe

laofe and depraved People (which is to the Question) love Laws and an Administration like themselves. That therefore which makes a good Conflitution, must keep it, viz. Men of Wisdom and Virtue, Qualities, that. because they defcend not with wordly Inheritances, muft be carefully propagated by a virtuous Education of Youth; for which After-Ages will owe more to the Care and Prudence of Founders and the fucceffive Magiftracy, than to their Parents for their private Patrimonies.

Thefe Confiderations of the Weight of Government, and the nice and various Opinions about it, made it uneafy to me to think of publishing the ensuing Frame and conditional Laws, forefeeing, both the Cenfures they will meet with from Men of differing Humours and Engagements, and the Occafion they may give of Difcourfe beyond my Design.

But next to the Power of Neceffity, (which is a Solicitor that will take no Denial) this induced me to a Compliance, that we have (with Reverence to GOD and good Confcience to Men) to the best of our Skill, contrived and compofed the FRAME and LAWS of this Government, to the great End of all Government, viz. To fupport Power in Reverence with the People, and to 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 Slavery. To carry this Evenness is partly owing to the Conftitution, and partly to the Magiftracy: Where either of thefe fail, Government will be fubject to Convul Jions; but where both are wanting, it must be totally Kubverted: Then where both meet, the Government is like to endure. Which I humby pray, and hope GOD will please to make the Lot of this of Pennsylvania. Amen.

WILLIAM PENN.

The

1

Το

The FRA M E, &c.

'O ALL PEOPLE, To whom these Prefents shall come. WHEREAS King CHARLES the Second, by his Letters Patents, under the Great Seal of England, for the Confideration therein mentioned, hath been graciously pleased to give and grant unto me William Penn (by the Name of William Penn, Efq; Son and Heir of Sir William Penn, deceased) and to my Heirs and Affigns for ever, all that Tract of Land, or Province, called Pennsylvania, in America, with divers great Powers, Preheminences, Royalties, Jurifdictions, 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 Pursuance of the Powers afore-mentioned, I, the faid William Penn, have declared, granted and confirmed, and by these Presents, 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, these Liberties, Franchises, and 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, confift of the Governor and Freemen of the faid Province, in Form of a Provincial Council and General Affem

bly

bly, by whom all Laws fhall be made, Officers chofen, and publick Affairs tranfacted, as is hereafter respectively declared. That is to fay,

II.

That the Freemen of the faid Province fhall, on the twentieth Day of the twelfth Month, which fhall be in this prefent Year One Thousand Six Hundred Eighty and Two, meet and affemble in fome fit Place, of which timely Notice fhall be beforehand given by the Governor or his Deputy, and then and there fhall chufe out of themselves feventytwo Perfons, of moft Note for their Wisdom, Virtue and Ability, who fhall meet on the tenth Day of the firft 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 fhall 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: And on the twentieth Day of the twelfth Month as aforefaid, yearly for ever afterward, the Freemen of the faid Province fhall in like Manner meet and affemble together, and then chufe 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 seventy-two Perfons as aforefaid) falling off yearly, it fhall be yearly 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 last Election during his Time, that then

at

at the next Election enfuing his Decease, another fhall be chosen 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 faid third Parts that goeth yearly off, fhall be uncapable 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 paft into Laws, erecting Courts of Juftice, giving Judgment upon Criminals impeached, and Choice of Officers, in fuch Manner as is herein after mentioned; not less than two-thirds of the whole Provincial Council fhall make a Quorum ; and that the Confent, not Approbation, oftwo-thirds of fuch Quorum fhall be had in all fuch Cafes and Matters 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 shall 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, 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