feventy-two perfons, as aforefaid) falling off yearly, it fall be yearly supplied 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 deceafe before the laft election during his time, that then at the next election enfuing his decease, another fhall be chofen to fupply his place for the remaining time he was to have ferved, and no longer.

IV. That after the first seven years, every one of the faid third parts that goeth yearly off, fhall be incapable of being chofen again for one whole year fol lowing: 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 justice, giving judgment upon criminals impeached, and choice of officers, in fuch manner as is herein after mentioned; nor less than two-thirds of the whole provincial council shal} make a quorum: and that the confent and approba. tion of two-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 fhall and may always determine in fuch cafe 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 fhallat 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 paffing them into laws, or rejecting of them, as the general affembly fhall fee meet.

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

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

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

committees,

committees, for the more eafy administration of the affairs 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 diftin&t 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 juftice to the preju dice of the public or private interest. Thirdly, a committee of trade and treasury, who fhall regulate all trade and commerce according to law, encourage manufacture and country-growth, and defray the pub. lic charge of the province. And fourthly, a committee of manners, education, and arts, that all wic ked and fcandalous lying 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 ftanding 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 committes and stand. ing council of the province, the governor or his de puty 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 coun cil fhall appoint a prefident for that time, and not otherwife; and what shall be refolved at fuch committees, shall be reported to the faid council of the province, and fhall be by them refolved and confirmed before

before the fame fhall be put in execution; and that these refpective committees shall not fit at one and the fame time, except in cafes of neceffity.

XIV. And to the end that all laws prepared by the governor and provincial council aforefaid, may yet have the more full concurrence of the freemen of the province, it is declared, granted, and confirmed, That at the time and place or places for the choice of a provincial council as aforefaid, the faid freemen fhall yearly chufe members to ferve in a general affembly as their reprefentatives, not exceeding two hundred perfons, who fall yearly meet from the twentieth day of the fecond month, which fhall be in the year one thoufand fix hundred eighty and three following, in the capital town or city of the faid province, where during eight days the feveral members may freely confer with one another; and, if any of them fee meet, with a committee of the provincial council (confifting of three out of each of the four committees aforefaid, being twelve in all) which shall be at that time, purpofely appointed to receive from any of them propo. fals for the alteration or amendment of any of the faid proposed and promulgated bills: And on the ninth day from their fo meeting, the faid general affembly, after reading over the propofed bills by the clerk of the provincial council, and the occafions and motives for them being opened by the governor or his deputy, fhall give their affirmative or negative, which to them feemeth beft, in fuch manner as herein after is expreffed. But not less than two-thirds fhall make a quorum in the paffing of laws, and choice of fuch officers as are by them to be chofen.

XV. That the laws fo prepared and propofed as aforefaid, that are affented to by the general affembly hall be enrolled as the laws of the province, with this PP

file;

ftile: By the governor, with the consent and approbation of the freemen in provincial council and general affembly.

XVI. That, for the better eftablishment of the government and laws of this province, and to the end there may be an univerfal fatisfaction in the laying of the fundamentals thereof; the general affembly fhall, or may for the first year, confist of all the freemen of and in the faid province, and ever after it shall be yearly chofen as aforefaid; which number of two hundred shall be enlarged as the country fhall encrease in people, fo as it do not exceed five hundred at any time: The appointment and proportioning of which, as also the laying and methodizing of the choice of the provincial council and general assembly in future times, moft equally to the divifions of the hundreds and counties, which the country fhall hereafter be divided into, fhall be in the power of the provincial council to propose, and the general assembly to refolve.

XVII. That the governor and the provincial council fhall erect from time to time standing courts of juftice, in fuch places and number as they fhall judge convenient for the good government of the faid province. And that the provincial council fhall on the thirteenth day of the first month yearly, elect and present to the governor or his deputy, a double num ber of perfons, to ferve for judges, treasurers, mafters of rolls, within the faid province for the year next enfuing; and the freemen of the faid province in the county-courts, when they fhall be erected, and till then in the general affembly, fhall on the three and twentieth day of the fecond month yearly elect and prefent to the governor or his deputy, a double number of perfons to ferve for fheriffs, juftices of the peace, and coroners, for the year next enfuing; out

of