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in as full a manner as might have been done by the Legislature of the late province of the Massachusetts bay.

ENCOURAGEMENT OF LITERATURE.

Wisdom and knowledge, as well as virtue, diffused 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 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; efpecially 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, fciences, commerce, trades, manufactures, and a natural hiftory of the country; to countenance and inculcate the principles of humanity and general benovolence, public and private charity, industry and frugality, honesty and punctuality in their dealings; fincerity, good-humour, and all focial affections and generous fentiments among the people.

OATHS AND SUBSCRIPTIONS.

Any perfon chofen governor, lieutenant governor, counfellor, 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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"I A. B. do declare, that I believe the Chriftian religion, and have a firm perfuafion of its truth; and that I am seised 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 elc&ted."

And the governor, lieutenant-governor, and counsellors, fhall make and fubfcribe the faid declaration in the prefence. of the two Houfes of Affembly; and the fenators and reprefentatives first elected under this conftitution, before the prefident and five of the council of the former conftitution, and for ever afterwards before the governor and council for the time being.

And every perfon chofen to either of the places or offices aforefaid, as alto any perfon appointed or commiffioned to any judicial, executive, military, or other office under the govern

ment, fhall, before he enters on the difcharge of the bufines of his place or office, take and fubicribe the following declararation, and oaths or affirmations, viz.

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“I A. B. do truly and fincerely acknowledge, profefs, teftify, and declare, that the Commonwealth of Maffachusetts 15, and of right ought to be, a free, fovereign 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 traiterous confpiracies and all hoftile attempts whatfoever; and that I do renounce and adjure all allegiance, fubjection, and obedience, to the 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, fate, 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 vefiled by their conftituents in the Congress 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 acknowledgment, profeflion, teftimony, declaration, denial, renounciation, and abju ration, 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."

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"I A. B. do folemnly fwear and affirm, that I will faithfully, and impartially discharge and perform all the duties incumbent according to the Left of my abilitics and understanding, agreeably to the rules and regulations of the conftitution, and the laws of this Commonwealth. me God."

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Provided always, that when any perfon chofen or appointed as aforesaid, shall be of the denomination of the people called Quakers, and thall decline taking the faid oaths, he shall make his affirmation in the foregoing form, and fubtcribe the fame, omitting the words, "I do fueor," "and abjure," "outh or," "abjuration," in the first oth; and in the second, the words, "fwear and," and in each of them the words, "So help me God," fubjoining instead thereof, "This I do under the pains and penal ties of perjury."

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And the faid oaths or afirmations fhall be taken and fubfcrib d by the governor, lieutenant-gevernor, and counellois, before

the prefident of the Senate in the prefence of the two Houfes of Affembly; and by the fenators and reprefentatives firft elected under this conftitution, before the prefident and five of the council of the former conftitution, and for ever afterwards before the governor and council for the time being, and by the refidue of the officers aforefaid, before fuch perfons and in fuch manner as from time to time fhall be prescribed by the legiflature.

DISQUALIFICATION FOR OFFICE.

No governor, lieutenant-governor, or judge of the Supreme 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 State, nor fhall they hold any other place or office, or receive any pension or falary from any other flate, or government, or power whatever.

No perfon fhall be capable of holding or exercifing at the fame time more than one of the following offices within this State, viz. judge of probate, fheriff, register of probate, or regifter of deeds; and never more than any two offices which are to be held by appointment of the governor, or the governor and council, or the Senate, or the Houfe of Reprefentatives, or by the election of the people of the State at large, or of the people of any country, military offices and the offices of justices of the peace excepted, fhall be held by one perfon.

No perfon holding the office of judge of the Supreme Judicial Court, fecretary, attorney-general, folicitor-general, treafurer, or receiver-general, judge of probate, commillary-general; prefident, profeffor, or inftructor of Harvard College; fheriff, clerk of the Houfe of Reprefentatives, regifter of probate, regifter of deeds, clerk of the Supreme Judicial Court, clerk of the inferior court of Common Pleas, or officer of the cufloms, including in this defcription naval officers, fhall at the fame time have a feat in the Senate or Houfe of Reprefentatives; but their being cholen or appointed to, and accepting the fame, operate as a refignation of their feat in the Senate or Houfe of Reprefentatives, and the place fo vacated shall be filled up.

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And the fame rule fhall take place in cafe any judge of the fid Supreme Judicial Court, or judge of probate, fhall accept of a feat in council, or any counfellor fhall accept of either of thele offices or places.

And no perfon fhill ever be admitted to hold a feat in the legiflature, or any office of truft or importance under the government of this Commonwealth, who fhall, in the due courfe of law, have been convicted of bribery or corruption in obtaining an election or appointment.

PECUNIARY QUALIFICATIONS FOR OFFICE.

In all cafes where fums of money are mentioned in this conftitution of qualifications, the value thereof fhall be computed in filver, at fix fhillings and eight-pence per ounce; and it fhall be in the power of the legiflature from time to time to increase fuch qualifications, as to property of the persons to be elected into offices as the circumftances of the Commonwealth fhall require..

COMMISSIONS.

All commiffions fhall be in the name of the Commonwealth of Maffachusetts, figned by the governor, and attested by the fecretary or his deputy, and have the great feal of the Commonwealth affixed thereto.

WRITS.

All writs iffuing out of the clerk's office in any of the courts of law fhall be in the name of the Commonwealth of Maffachufetts; they fhall be under the feal of the court from whence they iffue; they fhall bear teft of the firft juftice of the court to which they fhall be returnable who is not a party, and be figned by the clerk of such court.

CONFIRMATION OF LAWS.

All the laws which have heretofore been adopted, ufed and approved in the province, colony or State of Matfachusetts bay, and ufually practised on in the courts of law, fhall still remain and be in full force, until altered or repealed by the legislature; fuch parts only excepted as are repugnant to the rights and

liberties contained in this constitution.

HABEAS CORPUS.

The privilege and benefit of the writ of habeas corpus fhall be enjoyed in this Commonwealth, in the moft free, easy, cheap, expeditious, and ample manner; and fhall not be fufpended by the legislature, except upon the most urgent and preffing occ fions, and for a limited time not exceeding twelve months.

ENACTING STILE OF LAWS.

The enacting ftile in making and paffing all acts, ftatutes, and laws, fhall be, "Be it enacted by the Senate and House of Representatives in general court affembled, and by the authority of the fame."

CONTINUANCE OF OFFICERS.

To the end there may be no failure of justice, or danger arife to the Commonwealth from the change of the form of government all officers, civil and military, holding commissions under the government and people of Malfachusetts bay, in NewEngland, and all other officers of the faid government and people, at the time this conftitution fhall take effect, shall have, hold, ufe, exercife, and enjoy all the powers and authority to them granted or committed, until other perfons fhall be appointed in their ftead; and all courts of law fhall proceed in the execution of the bufinefs of their refpective departments; and all the executive and legiflative officers, bodies, and powers, fhall continue in full force, in the enjoyment and exercife of all their trufts, employments, and authority, until the general court, and the fupreme and executive officers under this conftitution, are defignated and invefted with their respective trusts, powers, and authority,

PROVISION FOR REVISAL,

In order the more effectually to adhere to the principles of this conftitution, and to correct thofe violations which by any means may be made therein, as well as to form fuch alterations as from experience fhall be found neceffary, the general court which fhall be in the year of our Lord one thousand seven hundred and ninety-five, shall iffue precepts to the fele& men of the feveral towns, and to the affeffors of the unincorporated plantations, directing them to convene the qualified voters of their respective towns and plantations, for the purpose of collecting their fentiments on the neceffity or expediency of revifing the conftitution, in order to amendments.

And if it fhall appear by the returns made, that two-thirds of the qualified voters throughout the State, who shall affemble and vote in confequence of the said precept, are in favour of such revifion and amendment, the general court fhall iffue precepts, or direct them to be iffued from the fecretary's office to the several towns, to elect delegates to meet in convention for the purpofe aforefaid.

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