forty-two, the Governor and Deputy-Governor for the time being, and all the magistrates of that jurisdiction, were, with the President, 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 shall be deemed fucceffors to the faid Governor, DeputyGovernor, and magiftrates: it is declared, that the Governor, Lieutenant-Governor, Council, and Senate of this Commonwealth are, and shall be deemed their fucceffors; who, with the Prefident of Harvard College for the time being, together with the ministers of the congregational churches in the towns of Cambridge, Watertown, Charlestown, Boston, Roxbury, and Dorchefter, mentioned in the faid act, shall be, and hereby arc, vefted with all the powers and authority belonging, or in any way appertaining, to the Overfeers of Harvard College; provided, that nothing herein shall be conftrued to prevent the legislature of this Commonwealth from making fuch alterations in the government of the faid university, as fhall be conducive to its advantage, and the intereft of the republic of letters, in as full a

manner

manner as might have been done by the legisla ture of the late Province of the MaffachusettsBay.

§ 2.

THE ENCOURAGEMENT OF LITERATURE.

WISDOM and knowledge, as well as virtue, diffused generally among the body of the people, being neceffary for the preservation of their rights and liberties; and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people; it shall be the duty of the legislatures and magiftrates, in all future periods of this Commonwealth, to cherish the interefts of literature and the fciences, and all feminaries of them; especially the univerfity at Cambridge, public fchools and grammar-fchools in the towns; to encourage private focieties and public inftitutions, rewards and immunities, for the promotion of agriculture, arts, fciences, commerce, trades, manufactures, and a natural hiftory of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, induftry

dustry and frugality, honefty and punctuality in their dealings; fincerity, good-humour, and all focial affections and generous fentiments among the people.

CHA P. VI.

OATHS AND SUBSCRIPTIONS; INCOMPATIBILITY OF AND EXCLUSION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMISSIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVISION FOR A FUTURE REVISAL OF THE CONSTITUTION, &c.

I. ANY perfon chofen Governor, LieutenantGovernor, Councillor, Senator, or Representative, and accepting the truft, fhall, before he proceed to execute the duties of his place or office, make and fubfcribe the following declaration, viz.

"I, A. B. do declare, that I believe the Christian 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

And the Governor, Lieutenant-Governor, and Councillors, fhall make and fubfcribe the faid declaration in the prefence of the two Houses of Affembly; and the Senators 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 every person chosen to either of the places or offices aforefaid, as also 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 business of his place or office, take and subscribe the following declaration, and oaths or affirmations, viz.

"I, A. B. do truly and fincerely acknow ledge, profefs, teftify and declare, that the Commonwealth of Maffachusetts is, and of right ought to be, a Free, Sovereign, and Independent State; 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 whatsoever: And that I do renounce and abjure all allegiance, fubjection, and obedience, to the

King

King, Queen, or Government of Great Britain (as the cafe may be), and every other foreign power whatfoever: And that no foreign Prince, Perfon, Prelate, State or Potentate, hath, or ought to have, any jurifdiction, fuperiority, pre-eminence, 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 vested by their conftituents in the Congress of the United States. And I do further testify 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 discharge and perform all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the rules and