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II. Each branch of the Legislature, as well as the Governor and Council, shall have authority, to require the opinions of the Justices of the Supreme Judicial Court, upon important questions, of law, and upon so. lemn occasions.

III. In order that the people may not suffer from the long continuance in place, of any justice of the peace, who shall fail of discharging the important duties of his office with ability or fidelity, all commissions of justices of the peace shall expire and become void, in the term of seven years from their respective dates ; and upon the expiration of any commission, the same may, if necessary, be renewed or another person appointed, as shall most conduce to the well-being of the Conimonwealth.

IV. The Judges of Probate of Wills, and for granting letters of administration, shall hold their Courts at such place or places on fixed days, as the convenience of the people shall require. And the Legislature shall, from time to time, hereafter appoint such times and places; until which appointments, the said Courts shall be holden at the times and places, which the respective judges shall direct.

V. All causes of marriage, divorce, and alimony, and all appeals from the Judges of Probate, shall be heard and determined by the Governor and Council, until the Legislature, shall, by law, make other provi: sion.

CHAP. IV. DELEGATES TO CONGRESS. The Delegates of this Commonwealth to the Congress of the United States, shall, some time in the month of June annually, be elected by joint ballot of the Senate and House of Representatives, assembled together in one room, to serve in Congress for one year, to commence on the first Monday in November then next ensuing. They shall have commissions, under the hand of the Governor, and the great seal of the Commonwealth ; but may be recalled at any time within the year, and others chosen and commissioned in the same manner in their ilead.




CHAP. V.--The University at Cambridge, and Encourages

ment of Literature, &c.

Sect. I.-THE UNIVERSITY. Art. I. WHEREAS our wise and pious ancestors, so early as the year one thousand six hundred and thirty-six, laid the foundation of Harvard College ; in which university many persons of great eminence, have, by the blessing of God, been initiated in those arts and sciences, which qualified them for public employments, both in Church and State ; and whereas the encouragenient of arts and sciencies, and all good literature, tends to the honour of God, the advantage of the Christian Religion, and the great benefit of this and the other U. nited States of America: It is declared, that the President and Fellows of Harvard College, in their corporate capacity, and their successors in that capacity, their officers and servants, shall have, hold, use, exercise, and enjoy all the powers, authorities, rights, liberties, and privileges, immunities and franchises, which they now have, or are entitled to have, hold, use, exercise and enjoy; and the same are hereby ratified and confirmed unto them, the said President and Fellows of Harvard College, and to their successors, and to their officers and servants, respectively, forever.

II. And whereas there have been, at sundry times, by divers persons, gifts, grants, devises of houses, lands, tenements, goods, chattles, legacies, and conveyances, heretofore made, either to Harvard College, in Cambridge, in New-England, or to the President and Fellows of Harvard College, by some other description, under several charters successively it is declared, that all the said gifts, grants, devises, legacies, and conveyancies, are hereby forever confirmed unto the President and Fellows of Harvard College, and to their successors in the capacity aforesaid, according to the true intent and meaning of the donor or donors, grantor, or grantors, devisor or devisors.

III. And whereas, by an act of the General Court of the colony of Massachusetts-Bay, passed in the year one thousand six hundred and 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 said act described, constituted the overseers of Harvard College

-and it being necessary, in this new Constitution of Government, to ascertain, who shall be deemed succes. sors to the said Governor, Deputy Governor, and Magistrates, it is declared, that the Governor, Lieutenant Governor, Council, and Senate of this Commonwealth, are, and shall be deemed their successors; who with the President 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 Dorchester, mentioned in the said act, shall be, and hereby are, vested with all the power and authority belonging, or in any. way apppertaining, to the overseers of Harvard College:

provided, that nothing herein shall be construed to prevent the Legislature of this Commonwealth, from making such alterations in the Government of the said University, as shall 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 Legislaturre of the late province of the Massachusetts-Bay..

Chap. V. Sect. II.

WISDOM and knowledge, as well as virtue, diffused generally among the body of the people, being necessary 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 Magistrates, in all future periods of this Commonwealth, to cherish the interest of Literature and the Sciences, and all Seminaries of them ; especially the university at Cambridge, public schools and grammar schools in the towns, to encourage private societies and public institutions, by rewards and immunities, for the promotion of agri. culture, arts, sciences, commerce, trades, manufactures, and a natural history of the country ; to the countenance


and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honely and punctuality in their dealings, Sincerity, good humour, and all social affections and generous sentiments among the people.

| CHAP. VI. Oaths and Subscriptions ; incoinpatibility of and exclu

sion frem ofices; pecuniary qualifications ; commissions ; writs ; confirmation of lass; habeas corris; the enacting stile ; continuance of officers; provision for a future revisal of the Constitution, Eco

Art. I. Any person chosen Governor, or Lieutenant Governor, Counsellor, Senator, or Representative, and accepting the trust, shall; before he proceed to execute the duties of his place or office, take, make and subscribe the following declaration, viz.

«1, A. B. do declare, that I believe the Christian Religion, and have a firm persuasion of its truth ; and that I am seized and possessed, in my own right, of the property required by the Constitution, as one qualifia cation for the office or place to which I am elected."

And the Governor, Lieutenaut Governor', and Counsellors shall make and subscribe the said declaration in the presence of the two Houses of Assembly ; and the Senators and Representatives first elected under this Constitution, before the President and five of the Council of the former Constitution, and forever afterwards, before the Governor and Council for the time being.

And every person chosen to either of the places or offices aforesaid, as also any person, appointed or commissioned to any Judicial, Executive, Military, or other oflice under the Government, shall, before he enters on the discharge of the business of his place or office, take and subscribe the following declaration, and oaths or affirmation, viz. .!

“I, A. B. do truly and sincerely acknowledge, profess, testify, and declare, that the Commonwealth of Massachusetts, is, and of right ought to be, a free, sovereign and independent State ; and I do swear, that I will bear true faith and allegiance to the said Com


monwealth, and that I will defend the same against traitorous conspiracies, and all hostile attempts whatsoever ;--And that I do renounce and abjure all allegi. ance, subjection, and obedience, to the King, Quern or Government of Great Britain (as the case may be), and every other foreign power whatsoever.--And that no foreign Prince, person, prelate, sťate, or potentate hath, or ought to have, any jurisdiction, superiority, pre-eminence, authority, dispensing or other power, in any matter, civil, ecclesiastical, or spiritual, within this Commonwealth ; except the authority and power, which is or may be vested by their constituents, in the Congress of the United States ; and I do further testily and declare, that no man or body of men, hath or can have any right to absolve or discharge me from the obligation of this oath, declaration or aifirmation ; and that I do make this acknowledgement, profession, testimony, declaration, denial, renunciation and abjuration, heartily and truly, according to the common meaning and acceptation of the foregoing words, without any equivocation, mental evasion, or secret reservarion whatsoever. - So help me God.".

«1, A. B. do solemnly swear 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 regulations of the Constitution, and the laws of this Commonwealth. So help me God.

Provided always, that when any person chosen or appointed as aforesaid, shall be of the denomination of the people called Quakers, and shall decline taking the said oaths, he shall make his affirination in the foregoing form, and subscribe the same, omitting the words, « I do swear," it and abjure,” « oaths," " and abjuration," in the first oath ; and in the second oath, the words,

swear and;" and in each of them the words, « So help me God;" subjoining instead thereof, “ This I do under The pains and penaltics of perjury."

And the said oaths or alfirmations shall be taken and subscribed by the Governor, Lieutenant Governor, and Counselors, before the President of the Senate, in the


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