Thirdly, I know what is faid by the feveral admirers 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 fubject. But I chufe to folve the controverfy with this small distinction, 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 thofe laws; and more than this is tyranny, oligarchy, or confufion. after rob or fpoil, by fea or by land, and do any hurt, violence, or uulawful hoftility, to any of the fubjects of us, our heirs or fucceffours, or any of the fubjects of any prince or. ftate, being then in league with us, our heirs or fucceffours, upon complaint of fuch injury done to any fuch prince or ftate, or their fubjects, we, our heirs and fucceffours, will make open proclamation within any parts of our realme of England, fit for that purpose, that the perfon or perfons committing any fuch robbery or spoil fhall, within the time limited by fuch proclamation, make full reftitution or fatisfaction of all fuch injuries done or committed; so as the said prince or others fo complaining may be fully fatisfied and contented: And if the faid perfon or perfons, who thall commit any fuch robbery or Ipoil, fhall not make fatisfaction accordingly, within fuch time fo to be limited, that then it fhall and may be lawful for us, our heirs and fucceffours, to put fuch perfon or perfons out of our allegiance and protection; and that it fhall and may be lawful and free for all princes and others to profecute with hoftilities fuch offenders, and every of them, and every of their procurers, aiders, abettors, and counfellors in that behalf. Provided alfo, and our exprefs will But and pleafure is, and we do, by thefe prefents for us, our heirs and fucceffors, ordain and appoint, that these prefents fhall not, in any manner, hinder any of our loving fubjects whatfoever to use and exercife the trade of fishing, upon the coaft of New England in America, but they, and every cr any of them fhall have full and free power and liberty to continue and use the faid trade of fishing upon the faid coast, in any of the feas thereunto adjoining, or any arms of the feas, or falt-water rivers, where they have been accustomed to fish; and to build and fet upon the wafte lands belonging to the faid colony of Connecticut, fuch wharfs, stages, and work-houfes, as fhall be neceffary for the falting, drying, and keeping of their fifh, to be taken or gotten upon that coaft; any thing in these presents contained to the contrary notwithstanding. And know ye further, that wee, of our more abundant grace, certain knowledge, and meere motion, have given, granted and confirmed, and by thefe prefents, for us, our heirs and fucceffours, do give, grant and confirin, unto the faid Governour and Company, and their fucceffours, all that part of our dominions in New Eng land in America, bounded on the Eaft by the Narraganfet river, commonly But laftly, when all is faid, there is hardly one frame of government in the world fo ill defigned by its first founders, that in good hands would not do well enough; and story tells us, the best in ill ones can do nothing that is great or good; witnefs the Jewish and Roman ftates. 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 commonly called Narraganfet bay, where the faid river falleth into the fea, and on the north by the line of the Maffachufets plantation, and on the fouth by the fea, and in longitude, as the line of Maffachufets colony running from eaft to weft (that is to fay) from the faid Narragansett bay, on the east, to the South Sea, on the weft part, with the iflands thereunto adjoining together with all the firm lands, foils, grounds, heavens, ports, rivers, waters, fifhings, mines, minerals, precious ftones, quarries, and all and fingular commodities, jurifdictions, royalties, privileges, franchifes, pre-eminences, and hereditaments whatsoever, within the faid tract, bounds, lands, and iflands aforefaid, or to them, or any of them belonging. To have and to hold the fame, unto the faid governor and company, their fucceffor, and affigns, for ever, upon truft and for the ufe and benefit of themfelves, and their affociates, freemen of the faid colony, their heirs and afligns; to be holden of us, our heirs and fucceffors, as of our manor of Eaft Greenwich, in free and common foccage, and not in capite, be nor by knights fervice; yielding and paying therefore to us, our heirs and fucceffors, only the fifth part of all the are of gold and filver, which from time to time and at all times hereafter, fhall be there gotten, had or obtained, in lieu of all fervices, duties and demands whatsoever, to be to us, our heirs or fucceffors, therefore or thereout rendered, made, or paid. And laftly, we do for us, our heirs and fucceffors, grant to the faid gofucceffors, by these presents, that vernor and company and their thefe our letters patents fhall be firm, good, and effectual in the law, to all intents, conftructions and purposes whatfoever, according to our true intent and meaning herein before declared, as fhall be conftrued, reputed, and adjudged most favourable on the behalf, and for the belt benefit and behoof of the faid governor and company, and their fucceffors, although exprefs mention, &c. Witnefs the King, at Weftminster, In witnefs, &c. the three and twentieth day of April, Par Breve de Private Sigille be never fo good, they will endeavour to warp and fpoil 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 minifters, but that is where they have no power to efcape or abolish them, and the people are generally wife and good: But a loofe and depraved people (which is to the queftion) love laws and an administration like themfelves. That therefore which makes a constitution, muft keep it, viz. Men of wisdom and virtue, qualities, that because they defcend not with worldy inheritances, must 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 uneasy to me to think of publishing the enfuing frame and conditional laws, forfeeing, both the cenfures they will meet with from men of different humours and engagements, and the occafion they may give of difcourfe beyond my defign. But next to the power of neceffity, (which is a folicitor 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 fecure the people from the abufe of power; that they may be free by their juft obedience, and the magiftrates honourable for their just administration: For liberty without obedience is confufion, and obedience without liberty is flavery. To carry this evenness is partly owing to the conftitution, and partly to the magistracy: Where either of these 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 please to make the lot of this of Penfilvania. Amen. WILLIAM PENN. The FRAM E, &c. "To all people to whom these presents 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 William Penn deceafed) and to my heirs and affigns forever, all that tract of land, or province, called Penfylvania, in America, with divers great powers, preeminences, 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 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 Penfylvania 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 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 fhall 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 beforehand 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 coun cil, one third part of the faid provincial council fhall be chofen to serve 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 forever afterward, the freemen in 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 confisting, and to confist of fevent |