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Art. I. THE tenure that all commiffion officers fhall by law have in their offices fhall be expreffed in their refpective commiffions. All judicial officers, duly appointed, commiffioned and fworn, fhall hold their offices during good behaviour, excepting fuch concerning whom there is different provifion made in this conftitution provided, nevertheless, the governor, with confent of the council, may remove them upon the addrefs of both houses of the legislature.

II. Each branch of the legislature, as well as the governor and council, fhall have authority to require the opinions of the juftices of the fupreme judicial court, upon important queftions of law, and upon folemn occafions.

III. In order that the people may not fuffer from the long continuance in place of any juftice of the peace who fhall fail of difcharging the important duties of his office with ability or fidelity, all commiffions of justices of the peace fhall expire and become void in the term of feven years from their respective dates; and upon the expiration of any commiffion, the fame may, if neceffary, be renewed, or another perfon appointed, as fhall moft conduce to the well-being of the commonwealth.

IV. The judges of probate of wills, and for granting letters of administration, fhall hold their courts at fuch place or places, on fixed days, as the convenience of the people fhall require. And the legislature fhall, from time to time, hereafter appoint fuch times and places; until which appointments, the faid courts fhall be holden at the times and places which the respective judges fhall direct.

V. All caufes of marriage, divorce and alimony, and all appeals from the judges of probate fhall be heard and determined by the governor and council, until the legiflature fhall by law make other provifion.

CHAPTER IV.

DELEGATES to CONGRESS.

THE delegates of this commonwealth to the Congress of the United States fhall, fome time in the month of June annually,

be

be elected by the joint ballot of the fenate and house of reprefentatives, affembled together in one room, to ferve in Congrefs for one year, to commence on the firft Monday in November then next enfuing. They fhall have commiffions under the hand of the governor, and the great feal of the commonwealth; but may be recalled at any time within the year, and others chofen and commiffioned, in the fame manner, in their stead.

CHAPTER V.

The University at Cambridge, and Encouragement of Literature, &c..

SECTION I.

The UNIVERSITY.

Art. I. WHEREAS our wife and pious ancestors, so early as the year one thousand fix hundred and thirty-fix, laid the foundation of Harvard College, in which univerfity many perfons of great eminence have, by the bleffing of God, been initiated in thofe arts and sciences which qualified them for public employments, both in church and state: And whereas the encouragement of arts and sciences, and all good literature, tends to the honour of God, the advantage of the Chriftian religion, and the great benefit of this and the other United States of America :-It is declared, that the Prefident and Fellows of Harvard College, in their corporate capacity, and their fucceffors in that capacity, their officers and fervants, fhall have, hold, use, exercise and enjoy all the powers, authorities, rights, liberties, privileges, immunities and franchifes, which they now have, or are entitled to have, hold, ufe, exercise and enjoy: And the fame are hereby ratified and confirmed unto them, the faid prefident and fellows of Harvard College, and to their fucceffors, and to their officers and fervants, refpectively, forever.

II. And whereas there have been at fundry times, by divers perfons, gifts, grants, devifes of houses, lands, tenements, goods, chattels, legacies and conveyances, heretofore made, either to Harvard College, in Cambridge, in New-England, or to the prefident and fellows of Harvard College, or to the faid college, by fome other defcription, under feveral charters fucceffively: It is declared, that all the faid gifts, grants, devifes, legacies, and conveyances, are hereby forever confirmed unto the president

and

and fellows of Harvard College, and to their fucceffors in the capacity aforesaid, according to the true intent and meaning of the donor or donors, grantor or grantors, devifor or devisors.

III. And whereas, by an act of the general court of the colony of Maffachusetts-Bay, paffed in the year one thoufand fix hundred and forty-two, the governor and deputy-governor for the time being, and all the magiftrates of that jurifdiction, were, with the prefident, and a number of the clergy in the faid act described, conftituted the overfeers of Harvard College: And it being neceffary, in this new conftitution of government, to ascertain who fhall be deemed fucceffors to the faid governor, deputy-governor, and magiftrates: It is declared, that the governor, lieutenant-governor, council, and fenate of this commonwealth, are, and fhall be deemed their fucceffors; who, with the prefident of Harvard College for the time being, together with the minifters of the congregational churches in the towns of Cambridge, Watertown, Charlestown, Befton, Roxbury, and Dorchefter, mentioned in the faid act, fhall be, and hereby are, vefted with all the powers and authority belonging, or in any way appertaining, to the overfeers of Harvard College; provided, that. nothing herein fhall be conftrued to prevent the legislature of this commonwealth from making fuch alterations in the government of the faid univerfity, as fhall be conducive to its advantage, and the interest of the republic of letters, in as full a manner as might have been done by the legiflature of the late province of the Maffachusetts-Bay.

CHAP. V. SEC T. II.

The Encouragement of Literature.

WISDOM and knowledge, as well as virtue, diffufed generally among the body of the people, being neceffary for the prefervation of their rights and liberties; and as thefe depend on fpreading the opportunities and advantages of education, in the various parts of the country, and among the different orders of the people, it fhall be the duty of the legislatures and magiftrates, in all future periods of this commonwealth, to cherish the interefts of literature and the sciences, and all feminaries of them; ef pecially the univerfity at Cambridge, public schools, and grammar fchools in the towns; to encourage private focieties and public inftitutions, rewards and immunities, for the promotion of agriculture, arts, fciencés, commerce, trades, manufactures, and a natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, induftry and frugality, honefty and punctuality in their dealings; fincerity, good humour, and all focial affections, and generous fentiments among the people.

CHAP

CHAPTER R VÍ.

Oaths and Subfcriptions; Incompatibility of and Exclufion from Offices; Pecuniary Qualifications; Commiffions; Writs; Confirmation of Laws; Habeas Corpus; The Enacting Style; Continuance of Officers; Provifion for a future Revifal of the Conflitution, &c.

Art. I. Any perfon chofen governor, or lieutenant-governor, councillor, fenator, or reprefentative, and accepting the truft; fhall, before he proceed to execute the duties of his place or office, make and fubfcribe the following declaration, viz.

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Í, A. B. do declare, that I believe the Chriftian religion, and have a firm perfuafion of its truth; and that I am feized and poffeffed, in my own right, of the property required by the conftitution as one qualification for the office or place to which I am elected."

And the governor, lieutenant-governor, and councillors, fhall make and subscribe the faid declaration in the presence of the two houfes of affembly; and the fenators and reprefentatives fiftelected under this conftitution, before the prefident and five of the council of the former conftitution, and forever afterwards before the governor and council for the time being.

And every perfon chosen to either of the places or offices aforefaid, as alfo any perfon appointed or commiffioned to any judicial, executive, military, or other office under the government, fhall, before he enters on the difcharge of the bufinefs of his place or office, take and fubfcribe the following declaration, and oaths or affirmations, viz.

“ I, A. B. do truly and fincerely acknowledge, profess, teftify and declare, that the commonwealth of Mafiachufetts is, and of right ought to be, a free, fovereign, and independent ftate; and I do fwear, that I will bear true faith and allegiance to the faid commonwealth, and that I will defend the fame against traitorous confpiracies and all hoftile attempts whatfoever: And that I do renounce and abjure all allegiance, fubjection, and obedi-. ence, to the king, queen, or government of Great Britain (as the cafe may be), and every other foreign power whatsoever : And that no foreign prince, perfon, prelate, ftate or potentate, hath, or ought to have, any jurifdiction, fuperiority, pre-emi

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Bence,

nence, authority, difpenfing or other power, in any matter, civil, ecclefiaftical or fpiritual, within this commonwealth, except the authority or power which is or may be vefted by their conftituents in the Congrefs of the United States. And I do further teftify and declare, that no man or body of men hath or can have any right to abfolve or discharge me from the obligation of this oath, declaration or affirmation; and that I do make this acknowledgement, profeffion, teftimony, declaration, denial, renunciation and abjuration, heartily and truly, according to the common meaning and acceptation of the foregoing words, without any equivocation, mental evafion, or fecret refervation, whatsoever. So help me God."

“I, A. B. do folemnly fwear and affirm, that I will faithfully and impartially difcharge and perform all the duties incumbent according to the best of my abilities and understanding, agreeably to the rules and regulations of the conftitution, and the laws of this commonwealth. So help me

on me as

God."

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Provided always, that when any perfon chofen or appointed as aforefaid fhall be of the denomination of the people called Quakers, and shall decline taking the faid oaths, he shall make his affirmation in the foregoing form, and fubfcribe the fame, omitting the words, "I do fwear," " and abjure," "oath or, " and abjuration," in the first oath; and in the second oath, the words, "fwear and ;" and in each of them the words, "So help me God;" fubjoining inftead thereof, "This I do under the pains and penalties of perjury.'

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And the faid oaths or affirmations fhall be taken and fubfcribed by the governor, lieutenant-governor, and councillors, before the prefident of the fenate, in the prefence of the two houfes of affembly; and by the fenators and representatives first elected under this conftitution, before the prefident and five of the council of the former conftitution; and forever afterwards before the governor and council for the time being and by the refidue of the officers aforesaid, before fuch perfons and in fuch manner as from time to time shall be prescribed by the legislature.

II. No governor, lieutenant-governor, or judge of the fu-. preme judicial court, fhall hold any other office or place under the authority of this commonwealth, except fuch as by this conftitution they are admitted to hold; faving that the judges of the faid court may hold the offices of juftices of the peace through the ftate; nor fhall they hold any other place or office, or receive any penfion or falary from any other state or government or power whatever.

No perfon shall be capable of holding or exercifing at the fame time more than one of the following offices within this ftate,

viz.

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