PREAMBLE
		The end of the institution, maintenance, and 
		administration of government is to secure the existence of the 
		body-politic, to protect it, and to furnish the individuals who compose 
		it with the power of enjoying, in safety and tranquillity, their natural 
		rights and the blessings of life; and whenever these great objects are 
		not obtained the people have a right to alter the government, and to 
		take measures necessary for their safety, prosperity, and happiness.
		The body politic is formed by a voluntary 
		association of individuals; it is a social compact by which the whole 
		people covenants with each citizen and each citizen with the whole 
		people that all shall be governed by certain laws for the common good. 
		It is the duty of the people, therefore, in framing a constitution of 
		government, to provide for an equitable mode of making laws, as well as 
		for an impartial interpretation and a faithful execution of them; that 
		every man may, at all times, find his security in them.
		We, therefore, the people of Massachusetts, 
		acknowledging, with grateful hearts, the goodness of the great 
		Legislator of the universe, in affording us, in the course of His 
		providence, an opportunity, deliberately and peaceably, without fraud, 
		violence, or surprise, of entering into an original, explicit, and 
		solemn compact with each other, and of forming a new constitution of 
		civil government for ourselves and posterity; and devoutly imploring His 
		direction in so interesting a design, do agree upon, ordain, and 
		establish the following declaration of rights and frame of government as 
		the constitution of the commonwealth of Massachusetts.
		PART THE FIRST
		A Declaration of the Rights of the Inhabitants 
		of the Commonwealth of Massachusetts.
		Article I. All men are born free and equal, and 
		have certain natural, essential, and unalienable rights; among which may 
		be reckoned the right of enjoying and defending their lives and 
		liberties; that of acquiring, possessing, and protecting property; in 
		fine, that of seeking and obtaining their safety and happiness.
		Art. II. It is the right as well as the duty of 
		all men in society, publicly and at stated seasons, to worship the 
		Supreme Being, the great Creator and Preserver of the universe. And no 
		subject shall be hurt, molested, or restrained, in his person, liberty, 
		or estate, for worshipping God in the manner and season most agreeable 
		to the dictates of his own conscience, or for his religious profession 
		or sentiments, provided he doth not disturb the public peace or obstruct 
		others in their religious worship.
		Art. III. As the happiness of a people and the 
		good order and preservation of civil government essentially depend upon 
		piety, religion, and morality, and as these cannot be generally 
		diffcused through a community but by the institution of the public 
		worship of God and of the public instructions in piety, religion, and 
		morality: Therefore, To promote their happiness and to secure the good 
		order and preservation of their government, the people of this 
		commonwealth have a right to invest their legislature with power to 
		authorize and require, and the legislature shall, from time to time, 
		authorize and require, the several towns, parishes, precincts, and other 
		bodies-politic or religious societies to make suitable provision, at 
		their own expense, for the institution of the public worship of God and 
		for the support and maintenance of public Protestant teachers of piety, 
		religion, and morality in all cases where such provision shall not be 
		made voluntarily.
		And the people of this commonwealth have also a 
		right to, and do, invest their legislature with authority to enjoin upon 
		all the subject an attendance upon the instructions of the public 
		teachers aforesaid, at stated times and seasons, if there be any on 
		whose instructions they can conscientiously and conveniently attend.
		Provided, notwithstanding, That the several 
		towns, parishes, precincts, and other bodies-politic, or religious 
		societies, shall at all times have the exclusive right and electing 
		their public teachers and of contracting with them for their support and 
		maintenance.
		And all moneys paid by the subject to the 
		support of public worship and of public teachers aforesaid shall, if he 
		require it, be uniformly applied to the support of the public teacher or 
		teachers of his own religious sect or denomination, provided there be 
		any on whose instructions he attends; othewise it may be paid toward the 
		support of the teacher or teachers of the parish or precinct in which 
		the said moneys are raised.
		And every denomination of Christians, demeaning 
		themselves peaceably and as good subjects of the commonwealth, shall be 
		equally under the protection of the law; and no subordination of any 
		sect or denomination to another shall ever be established by law.
		Art. IV. The people of this commonwealth have 
		the sole and exclusive right of governing themselves as a free, 
		sovereign, and independent State, and do, and forever hereafter shall, 
		exercise and enjoy every power, jurisdiction, and right which is not, or 
		may not hereafter be, by them expressly delegated to the United States 
		of America in Congress assembled.
		Art. V. All power residing originally in the 
		people, and being derived from them, the several magistrates and 
		officers of government vested with authority, whether legislative, 
		executive, or judicial, are the substitutes and agents, and are at all 
		times accountable to them.
		Art. VI. No man nor corporation or association 
		of men have any other title to obtain advantages, or particular and 
		exclusive privileges distinct from those of the community, than what 
		rises from the consideration of servicces rendered to the public, and 
		this title being in nature neither hereditary nor transmissible to 
		children or descendants or relations by blood; the idea of a man born a 
		magistrate, lawgiver, or judge is absurd and unnatural.
		Art. VII. Government is instituted for the 
		common good, for the protection, safety, prosperity, and happiness of 
		the people, and not for the profit, honor, or private interest of any 
		one man, family, or class of men; therefore the people alone have an 
		incontestable, unalienable, and indefeasible right to institute 
		government, and to reform, alter, or totally change the same when their 
		protection, safety, prospertiy, and happiness require it.
		Art. VIII. In order to prevent those who are 
		vested with authority from becoming oppressors, the people have a right 
		at such periods and in such manner as they shall establish by their 
		frame of government, to cause their public officers to return to private 
		life; and to fill up vacant places by certain and regular elections and 
		appointments.
		Art. IX. All elections ought to be free; and all 
		the inhabitants of this commonwealth, having such qualifications as they 
		shall establish by their frame of government, have an equal right to 
		elect officers, and to be elected, for public employments.
		Art. X. Every individual of the society has a 
		right to be protected by it in the enjoyment of his life, liberty, and 
		property, according to standing laws. He is obliged, consequently, to 
		contribute his share to expense of this protection; to give his personal 
		service, or an equivalent, when necessary; but no part of the property 
		of any individual can, with justice, be taken from him, or applied to 
		public uses, without his own consent, or that of the representative body 
		of the people. In fine, the people of this commonwealth are not 
		controllable by any other laws than those to which their constitutional 
		representative body have given their consent. And whenever the public 
		exigencies require that the property of any individual should be 
		appropriated to public uses, he shall receive a reasonable compensation 
		therefor.
		Art. XI. Every subject of the commonwealth ought 
		to find a certain remedy, by having recourse to the laws, for all 
		injuries or wrongs which he may receive in his person, property, or 
		character. He ought to obtain right and justice freely, and without 
		being obliged to purchase it; completely, and without any denial; 
		promptly, and without delay, conformably to the laws.
		Art. XII. No subject shall be held to answer for 
		any crimes or no offence until the same if fully and plainly, 
		substantially and formally, described to him; or be compelled to accuse, 
		or furnish evidence against himself; and every subject shall have a 
		right to produce all proofs that may be favorable to him; to meet the 
		witnesses against him face to face, and to be fully heard in his defense 
		by himself, or his counsel at his election. And no subject shall be 
		arrested, imprisoned, despoiled, or deprived of his property, 
		immunities, or privileges, put out of the protection of the law, exiled 
		or deprived of his life, liberty, or estate, but by the judgment of his 
		peers, or the law of the land.
		And the legislature shall not make any law that 
		shall subject any person to a capital or infamous punishment, excepting 
		for the government of the army and navy, without trial by jury.
		Art. XIII. In criminal prosecutions, the 
		verification of facts, in the vicinity where they happen, is one of the 
		greatest securities of the life, liberty, and property of the citizen.
		Art. XIV. Every subject has a right to be secure 
		from all unreasonable searches and seizures of his person, his houses, 
		his papers, and all his possessions. All warrants, therefore, are 
		contrary to this right, if the cause or foundation of them be not 
		previously supported by oath or affirmation, and if the order in the 
		warrant to a civil officer, to make search in suspected places, or to 
		arrest one or more suspected persons, or to seize their property, be not 
		accompanied with a special designation of the persons or objects of 
		search, arrest, or seizure; and no warrant ought to be issued but in 
		cases, and with the formalities, prescribed by the laws.
		Art. XV. In all controversies concerning 
		property, and in all suits between two or more persons, except in cases 
		in which it has heretofore been other ways used and practiced, the 
		parties have a right to a trial by jury; and this method of procedure 
		shall be held sacred, unless, in causes arising on the high seas, and 
		such as relate to mariners' wages, the legislature shall hereafter find 
		it necessary to alter it.
		Art. XVI. The liberty of the press is essential 
		to the security of freedom in a State; it ought not, therefore, to be 
		restrained in this commonwealth.
		Art. XVII. The people have a right to keep and 
		to bear arms for the common defense. And as, in time of peace, armies 
		are dangerous to liberty, they ought not to be maintained without the 
		consent of the legislature; and the military power shall always be held 
		in an exact subordination to the civil authority and be governed by it.
		Art. XVIII. A frequent recurrence to the 
		fundamental principles of the constitution, and a constant adherence to 
		those of piety, justice, moderation, temperance, industry, and 
		frugality, are absolutely necessary to preserve the advantages of 
		liberty and to maintain a free government. The people ought, 
		consequently, to have a particular attention to all those principles, in 
		the choice of their officers and representatives; and they have a right 
		to require of their lawgivers and magistrates an exact and constant 
		observation of them, in the formation and execution of the laws 
		necessary for the good administration of the commonwealth.
		Art. XIX. The people have a right, in an orderly 
		and peaceable manner, to assemble to consult upon the common good; give 
		instructions to their representatives, and to request of the legislative 
		body, by the way of addresses, petitions, or remonstrance's, redress of 
		the wrongs done them, and of the grievances they suffer.
		Art. XX. The power of suspending the laws, or 
		the execution of the laws, ought never to be exercised but by the 
		legislature, or by authority derived from it, to be exercised in such 
		particular cases only as the legislature shall expressly provide for.
		Art. XXI. The freedom of deliberation, speech, 
		and debate, in either house of the legislature, is so essential to the 
		rights of the people, that it cannot be the foundation of any accusation 
		or prosecution, action or complaint, in any other court of place 
		whatsoever.
		Art. XXII. The legislature ought frequently to 
		assemble for address of grievances, for correcting, strengthening, and 
		confirming the laws, and for making new laws, as the common good may 
		require.
		Art. XXIII. No subsidy, charge, tax, impost, or 
		duties, ought to be established, fixed, laid, or levied, under any 
		pretext whatsoever, without the consent of the people, or their 
		representatives in the legislature.
		Art. XXIV. Laws made to punish for actions done 
		before the existence of such laws, and which have not been declared 
		crimes by preceding laws, are unjust, oppressive, and inconsistent with 
		the fundamental principles of a free government.
		Art. XXV. No subject ought, in any case, or in 
		any time, to be declared guilty of treason or felony by the legislature.
		Art. XXVI. No magistrate or court of law shall 
		demand excessive bail or sureties, impose excessive fines, or inflict 
		cruel or unusual punishments.
		Art. XXVII. In time of peace, no soldier ought 
		to be quartered in any house without the consent of the owner; and in 
		time of war, such quarters ought not be made but by the civil 
		magistrate, in a manner ordained by the legislature.
		Art. XXVIII. No person can in any case be 
		subjected to law-martial, or to any penalties or pains, by virtue of 
		that law, except those employed in the army or navy, and except the 
		militia in actual service, but by authority of the legislature.
		Art. XXIX. It is essential to the preservation 
		of the rights of every individual, his life, liberty, property, and 
		character, that there be an impartial interpretation of the laws, and 
		administration of justice. It is the right of every citizen to be tried 
		by judges as free, impartial, and independent as the lot of humanity 
		will admit. It is, therefore, not only the best policy, but for the 
		security of the rights of the people, and of every citizen, that the 
		judges of the supreme judicial court should hold their offices as long 
		as they behave themselves well, and that they should have honorable 
		salaries ascertained and established by standing laws.
		Art. XXX. In the government of this 
		commonwealth, the legislative department shall never exercise the 
		executive and judicial powers, or either of them; the executive shall 
		never exercise the legislative and judicial powers, or either of them; 
		the judicial shall never exercise the legislative and executive powers, 
		or either of them; to the end it may be a government of laws, and not of 
		men.
		PART THE SECOND
		The Frame of Government
		The people inhabiting the territory formerly 
		called the province of Massachusetts Bay do hereby solemnly and mutually 
		agree with each other to form themselves into a free, sovereign, and 
		independent body-politic or State, by the name of the commonwealth of 
		Massachusetts.
		CHAPTER I.--THE LEGISLATIVE POWER
		Section I.--The General Court
		Article I. The department of legislation shall 
		be formed by two branches, a senate and house of representatives; each 
		of which shall have a negative on the other.
		The legislative body shall assemble every year 
		on the last Wednesday in May, and at such other times as they shall 
		judge necessary; and shall dissolve and be dissolved on the day next 
		preceding the said last Wednesday in May; and shall be styled the 
		General Court of Massachusetts.
		Art. II. No bill or resolve of the senate or 
		house of representatives shall become a law, and have force as such, 
		until it shall have been laid before the governor for his revisal; and 
		if he, upon such revision, approve thereof, he shall signify his 
		approbation by signing the same. But if he have any objection to the 
		passing such bill or resolve, he shall return the same, together with 
		his objections thereto, in writing, to the senate or house of 
		representatives, in which so ever the same shall have originated, who 
		shall enter the objections sent down by the governor, at large, on their 
		records, and proceed to reconsider the said bill or resolve; but if, 
		after such reconsideration, two-thirds of the said senate or house of 
		representatives shall, notwithstanding the said objections, agree to 
		pass the same, it shall, together with the objections, be sent to the 
		other branch of the legislature, where it shall also be reconsidered, 
		and if approved by two-thirds of the members present, shall have the 
		force of law; but in all such cases, the vote of both houses shall be 
		determined by yeas and nays; and the names of the persons voting for or 
		against the said bill or resolve shall be entered upon the public 
		records of the commonwealth.
		And in order to prevent unnecessary delays, if 
		any bill or resolve shall not be returned by the governor within five 
		days after it shall have been presented, the same shall have the force 
		of law.
		Art. III. The general court shall forever have 
		full power and authority to erect and constitute judicatories and courts 
		of record or other courts, to be held in the name of the commonwealth, 
		for the hearing, trying, and determining of all manner of crimes, 
		offences, pleas, processes, plaints, actions, matters, causes, and 
		things whatsoever, arising or happening within the commonwealth, or 
		between or concerning persons inhabiting or residing, or brought within 
		the same; whether the same be criminal or civil, or whether the said 
		crimes be capital or not capital, and whether the said pleas be real, 
		personal, or mixed; and for the awarding and making out of execution 
		thereupon; to which courts and judicatories are hereby given and granted 
		full power and authority, from time to time, to administer oaths or 
		affirmations, for the better discovery of truth in any matter in 
		controversy, or depending before them.
		Art. IV. And further, full power and authority 
		are hereby given and granted to the said general court from time to 
		time, to make, ordain, and establish all manner of wholesome and 
		reasonable orders, laws, statutes, and ordinances, directions and 
		instructions, either with penalties or without, so as the same be not 
		repugnant or contrary to this constitution, as they shall judge to be 
		for the good and welfare of this commonwealth, and for the government 
		and ordering thereof, and of the subjects of the same, and for the 
		necessary support and defence of the government thereof; and to name and 
		settle annually, or provide by fixed laws, for the naming and settling 
		all civil officers within the said commonwealth, the election, and 
		constitution of whom are not hereafter in this form of government 
		otherwise provided for; and to set forth the several duties, powers, and 
		limits of the several civil and military officers of this commonwealth, 
		and the forms of such oaths or affirmations as shall be respectively 
		administered unto them for the execution of their several offices and 
		places, so as the same be not repugnant or contrary to this 
		constitution; and to impose and levy proportional and reasonable 
		assessments, rates, and taxes, upon all the inhabitants of, and persons 
		resident, and estates lying, within the said commonwealth; and also to 
		impose and levy reasonable duties and excises upon any produce, goods, 
		wares, merchandise, and commodities whatsoever, brought into, produced, 
		manufactured, or being within the same; to be issued and disposed of by 
		warrant, under the hand of the governor of this commonwealth, for the 
		time being, with the advice and consent of the council, for the public 
		service, in the necessary defence and support of the government of the 
		said commonwealth, and the protection and preservation of the subjects 
		thereof, according to such acts as are or shall be in force within the 
		same.
		And while the public charges of government, or 
		any part thereof, shall be assessed on polls and estates, in the manner 
		that has hitherto been practiced, in order that such assessments may be 
		made with equality, there shall be a valuation of estates within the 
		commonwealth, taken anew once in every ten years at least, and as much 
		oftener as the general court shall order.
		CHAPTER I
		Section 2.--Senate
		Article I. There shall be annually elected, by 
		the freeholders and other inhabitants of this commonwealth, qualified as 
		in this constitution is provided, forty persons to be councilors and 
		senators, for the year ensuing their election; to be chosen by the 
		inhabitants of the districts into which the commonwealth may from time 
		to time be divided by the general court for that purpose; and the 
		general court, in assigning the numbers to be elected by the respective 
		districts, shall govern themselves by the proportion of the public taxes 
		paid by the said districts; and timely make known to the inhabitants of 
		the commonwealth the limits of each district, and the number of 
		councilors and senators to be chosen therein: Provided, That the number 
		of such districts shall never be less than thirteen; and that no 
		district be so large as to entitle the same to choose more than six 
		senators.
		And the several counties in this commonwealth 
		shall, until the general court shall determine it necessary to alter the 
		said districts, be districts for the choice of councilors and senators, 
		(except that the counties of Dukes County and Nantucket shall form one 
		district for that purpose,) and shall elect the following number for 
		councilors and senators, viz: . . . .[39 senators]
		Art. II. The senate shall be the first branch of 
		the legislature; and the senators shall be chosen in the following 
		manner, viz: There shall be a meeting on the first Monday in April, 
		annually, forever, of the inhabitants of each town in the several 
		counties of this commonwealth, to be called by the selectmen, and warned 
		in due course of law, at least seven days before the first Monday n 
		April, for the purpose of electing persons to be senators and 
		councilors; and at such meetings every male inhabitant of twenty-one 
		year of age and upwards, having a freehold estate of the value of sixty 
		pounds, shall have a right to give in his vote for the senators for the 
		district of which he is an inhabitant. And to remove all doubts 
		concerning the meaning of the word "inhabitant," in this constitution, 
		every person shall be considered as an inhabitant, for the purpose of 
		electing and being elected into any office or place within this State, 
		in that town, district, or plantation where he dwell either hath his 
		home.
		The selectmen of the several towns shall preside 
		at such meetings impartially, and shall receive the votes of all the 
		inhabitants of such towns, present and qualified to vote for senators, 
		and shall sort and count them in open town meeting, and in presence of 
		the town clerk, who shall make a fair record, in presence of the 
		selectmen, and in open town meeting, of the name of every person voted 
		for, and of the number of votes against his name; and a fair copy of 
		this record shall be attested by the selectmen and the town clerk, and 
		shall be sealed up, directed to the secretary of the commonwealth, for 
		the time being, with a superscription expressing the purport of the 
		contents thereof, and delivered by the town clerk of such towns to the 
		sheriff of the county in which such town lies, thirty days at least 
		before the last Wednesday in May, annually; or it shall be delivered 
		into the secretary's office seventeen days at least before the said last 
		Wednesday in May; and the sheriff of each county shall deliver all such 
		certificates, by him received, into the secretary's office seventeen 
		days before the said last Wednesday in May.
		And the inhabitants of the plantations 
		unincorporated, qualified as this constitution provides, who are or 
		shall be empowered and required to assess taxes upon themselves toward 
		the support of government, shall have the same privilege of voting for 
		councilors and senators, in the plantations where they reside, as town 
		inhabitants have in their respective towns; and the plantation meetings 
		for that purpose shall be held annually, on the same first Monday in 
		April, at such place in the plantations, respectively, as the assessors 
		thereof shall direct; which assessors shall have like authority for 
		notifying the electors, collecting and returning the votes, as the 
		selectmen and town clerks have in their several towns by this 
		constitution. And all other persons living in places unincorporated, 
		(qualified as aforesaid,) who shall be assessed to the support of 
		government by assessors of an adjacent town, shall have the privilege of 
		giving in their votes for councilors and senators in the town where they 
		shall be assessed, and be notified of the place of meeting by the 
		selectmen of the town where they shall be assessed, for that purpose, 
		accordingly.
		Art. III. And that there may be a due convention 
		of senators, on the last Wednesday in May, annually, the governor, with 
		five of the council, for the time being, shall, as soon as may be, 
		examine the returned copies of such records; and fourteen days before 
		the said day he shall issue his summons to such persons as shall appear 
		to be chosen by a majority of voters to attend on that day, and take 
		their seats accordingly: Provided, nevertheless, That for the first year 
		the said returned copies shall be examined by the president and five of 
		the council of the former constitution of government; and the said 
		president shall, in like manner, issue his summons to the persons so 
		elected, that they may take their seats as aforesaid.
		Art. IV. The senate shall be the final judge of 
		the elections, returns, and qualifications of their own members, as 
		pointed out in the constitution; and shall, on the said last Wednesday 
		in May, annually, determine and declare who are elected by each district 
		to be senators by a majority of votes; and in case there shall not be 
		the full number of senators returned, elected by a majority of votes for 
		any district, the deficiency shall be supplied in the following manner, 
		viz: The members of the house of representatives, and such senators as 
		shall be declared elected, shall take the names of such persons as shall 
		be found to have the highest number of votes in such district, and not 
		elected, amounting to twice the number of senators wanting, if there be 
		so many voted for, and out of these shall elect by ballot a number of 
		senators sufficient to fill up the vacancies in such district; and in 
		this manner all such vacancies shall be filled up in every district of 
		the commonwealth; and in like manner all vacancies in the senate, 
		arising by death, removal out of the State or otherwise, shall be 
		supplied as soon as may after such vacancies shall happen.
		Art. V. Provided, nevertheless, That no person 
		shall be capable of being elected as a senator [who is not seized in his 
		own right of a freehold within this commonwealth, of the value of three 
		hundred pounds at least, or possessed of personal estate to the value of 
		six hundred pounds at least, or of both to the amount of the same sum, 
		and] who has not been an inhabitant of this commonwealth for the space 
		of five years immediately preceding his election, and, at the time of 
		his election, he shall be an inhabitant in the district for which he 
		shall be chosen.
		Art. VI. The senate shall have power to adjourn 
		themselves; provided such adjournments do not exceed two days at a time.
		Art. VII. The senate shall choose its own 
		president, appoint its own officers, and determine its own rules of 
		proceedings.
		Art. VIII. The senate shall be a court, with 
		full authority to hear and determine all impeachments made by the house 
		of representatives, against any officer or officers of the commonwealth, 
		for misconduct and maladministration in their offices; but, previous to 
		the trial of every impeachment, the members of the senate shall, 
		respectively, be sworn truly and impartially to try and determine the 
		charge in question, according to the evidence. Their judgment, however, 
		shall not extend further than to removal from office, and 
		disqualification to hold or enjoy any place of honor, trust, or profit 
		under this commonwealth; but the part so convicted shall be, 
		nevertheless, liable to indictment, trial, judgment, and punishment, 
		according to the laws of the land.
		Art. IX. Not less than sixteen members of the 
		senate shall constitute a quorum for doing business.
		CHAPTER I.
		Section 3.--House of Representatives
		Article I. There shall be, in the legislature of 
		this commonwealth, a representation of the people, annually elected, and 
		founded upon the principle of equality.
		Art. II. And in order to provide for a 
		representation of the citizens of this commonwealth, founded upon the 
		principle of equality, every corporate town containing one hundred and 
		fifty ratable polls, may elect one representative; every corporate town 
		containing three hundred and seventy-five ratable polls, may elect two 
		representatives; every corporate town containing six hundred ratable 
		polls, may elect three representatives; and proceeding in that manner, 
		making two hundred and twenty-five ratable polls the mean increasing 
		number for every additional representative.
		Provided, nevertheless, That each town now 
		incorporated, not having one hundred and fifty ratable polls, may elect 
		one representative; but no place shall hereafter be incorporated with 
		the privilege of electing a representative, unless there are within the 
		same one hundred and fifty ratable polls.
		And the house of representatives shall have 
		power, from time to time, to impose fines upon such towns as shall 
		neglect to choose and return members of the same, agreeably to this 
		constitution.
		The expenses of travelling to the general 
		assembly and returning home, once in every session, and no more, shall 
		be paid by the government out of the public treasury, to every member 
		who shall attend as seasonably as he can, in the judgment of the house, 
		and does not depart without leave.
		Art. III. Every member of the house of 
		representatives shall be chosen by written votes; and, for one year at 
		least next preceding his election, shall have been an inhabitant of, and 
		have been seized in his own right of a freehold of the value of one 
		hundred pounds, within the town he shall be chosen to represent, or any 
		ratable estate to the value of two hundred pounds; and he shall cease to 
		represent the said town immediately on his ceasing to be qualified as 
		aforesaid.
		Art. IV. Every male person being twenty-one 
		years of age, and resident in any particular town in this commonwealth, 
		for the space of one year next preceding, having a freehold estate 
		within the same town, of the annual income of three pounds, or any 
		estate of the value of sixty pounds, shall have a right to vote in the 
		choice of a representative or representatives for the said town.
		Art. V. The members of the house of 
		representatives shall be chosen annually in the month of May, ten days 
		at least before the last Wednesday of that month.
		Art. VI. The house of representatives shall be 
		the grand inquest of this commonwealth; and all impeachments made by 
		them shall be heard and tried by the senate.
		Art. VII. All money bills shall originate in the 
		house of representatives; but the senate may propose or concur with 
		amendments, as on other bills.
		Art. VIII. The house of representatives shall 
		have power to adjourn themselves; provided such adjournments shall not 
		exceed two days at a time.
		Art. IX. Not less than sixty members of the 
		house of representatives shall constitute a quorum for doing business.
		Art. X. The house of representatives shall be 
		the judge of the returns, elections, and qualifications of its own 
		members, as point out in the constitution; shall choose their own 
		speaker, appoint their own officers, and settle the rules and order of 
		proceeding in their own house. They shall have authority to punish by 
		imprisonment every person, not a member, who shall be guilty of 
		disrespect to the house, by any disorderly or contemptuous behavior in 
		its presence; or who, in the twon where the general court is sitting, 
		and during the time of its sitting, shall threaten harm to the body or 
		estate of any of its members, for anything said or done in the house; or 
		who shall assault any of them therefor; or who shall assault or arrest 
		any witness, or other person, ordered to attend the house, in his way in 
		going or returning; or who shall rescue any person arrested by the order 
		of the house.
		And no member of the house of representatives 
		shall be arrested, or held to bail on mesne process, during his going 
		unto, returning from, or his attending the general assembly.
		Art. XI. The senate shall have the same powers 
		in the like cases; and the governor and council shall have the same 
		authority to punish in like cases; Provided, That no imprisonment, on 
		the warrant or order of the governor, council, senate, or house of 
		representatives, for either of the above-described offences, be for a 
		term exceeding thirty days.
		And the senate and house of representatives may 
		try and determine all cases where their rights and privileges are 
		concerned, and which, by the constitution, they have authority to try 
		and determine, by committees of their own members, or in such other way 
		as they may, respectively, think best.
		CHAPTER II.--EXECUTIVE POWER
		Section I,--Governor
		Article I. There shall be a supreme executive 
		magistrate, who shall be styled "The governor of the commonwealth of 
		Massachusetts;" and whose title shall be "His Excellency."
		Art. II. The governor shall be chosen annually; 
		and no person shall be eligible to this office, unless, at the time of 
		his election, he shall have been an inhabitant of this commonwealth for 
		seven years next preceding; and unless he shall, at the same time, be 
		seized, in his own right, of a freehold, within the commonwealth, of the 
		value of one thousand pounds; and unless he shall declare himself to be 
		of the Christian religion.
		Art. III. Those persons who shall be qualified 
		to vote for senators and representatives, within the several towns of 
		this commonwealth, shall, at a meeting to be called for that purpose, on 
		the first Monday of April, annually, give in their votes for a governor 
		to the selectmen, who shall preside at such meetings; and the town 
		clerk, in the presence and with the assistance of the selectmen, shall, 
		in open town meeting, sort and count the votes, and form a list of the 
		persons voted for, with the number of votes for each person against his 
		name; and shall make a fair record of the same in the town books, and a 
		public declaration thereof in the said meeting; and shall, in the 
		presence of the inhabitants, seal up copies of the said list, attested 
		by him and the selectmen, and transmit the same to the sheriff of the 
		county, thirty days at least before the last Wednesday in May; and the 
		sheriff shall transmit the same to the secretary's office, seventeen 
		days at least before the said last Wednesday in May; or the selectmen 
		may cause returns of the same to be made, to the office of the secretary 
		of the commonwealth, seventeen days at least before the said day; and 
		the secretary shall lay the same before the senate and the house of 
		representatives, on the last Wednesday in May, to be by them examined; 
		and in case of an election by a majority of all the votes returned, the 
		choice shall be by them declared and published; but if no person shall 
		have a majority of votes, the house of representatives shall, by ballot, 
		elect two out of four persons, who had the highest number of votes, if 
		so many shall have been voted for; but, if otherwise, out of the number 
		voted for; and make return to the senate of the two persons so elected; 
		on which the senate shall proceed, by ballot, to elect one, who shall be 
		declared governor.
		Art. IV. The governor shall authority, from time 
		to time, at his discretion, to assemble and call together the councilors 
		of this commonwealth for the time being; and the governor, with the said 
		councilors, or five of them at least, shall and may, from time to time, 
		hold and keep a council, for the ordering and directing the affairs of 
		the commonwealth, agreeably to the constitution and the laws of the 
		land.
		Art. V. The governor, with advice of council, 
		shall have full power and authority, during the session of the general 
		court, to adjourn or prorogue the same at any time the two houses shall 
		desire; and to dissolve the same on the day nex preceding the last 
		Wednesday in May; and, in the recess of the said court, to prorogue the 
		same from time to time, not exceeding ninety days in any one recess; and 
		to call it together sooner than the time to which it may be adjourned or 
		prorogued, if the welfare of the commonwealth shall require the same; 
		and in case of any infectious distemper prevailing in the place where 
		the said court is next at any time to convene, or any other cause 
		happening, whereby danger may arise to the health or lives of the 
		members from their attendance, he may direct the session to be held at 
		some other the most convenient place within the State.
		And the governor shall dissolve the said general 
		court on the day next preceding the last Wednesday in May.
		Art. VI. In cases of disagreement between the 
		two houses, with regard to the necessity, expediency, or time of 
		adjournment or prorogation, the governor, with advice of the council, 
		shall have a right to adjourn or prorogue the general court, not 
		exceeding ninety days, as he shall determine the public good shall 
		require.
		Art. VII. The governor of this commonwealth, for 
		the time being, shall be the commander-in-chief of the army and navy, 
		and of all the military forces of the State, by sea and land; and shall 
		have full power, by himself or by any commander, or other officer or 
		officers, from time to time, to train, instruct, exercise, and govern 
		the militia and navy; and, for the special defense and safety of the 
		commonwealth, to assemble in martial array, and put in warlike posture, 
		the inhabitants thereof, and to lead and conduct them, and with them to 
		encounter, repel, resist, expel, and pursue, by force of arms, as by sea 
		as by land, within or within the limits of this commonwealth; and also 
		to kill, slay, and destroy, if necessary, and conquer, by all fitting 
		ways, enterprises, and means whatsoever, all and every such person and 
		persons as shall, at any time hereafter, in a hostile manner, attempt or 
		enterprise the destruction, invasion, detriment, or annoyance of this 
		commonwealth; and to use and exercise over the army and navy, and over 
		the militia in actual service, the law-martial, in time of war or 
		invasion, and also in time of rebellion, declared by the legislature to 
		exist, as occasion shall necessarily require; and to take and surprise, 
		by all ways and means whatsoever, all and every such person or persons, 
		with their ships, arms, and ammunition, and other goods, as shall, in a 
		hostile manner, invade, or attempt the invading, conquering, or annoying 
		this commonwealth; and that the governor be entrusted with all these and 
		other powers incident to the offices of captain-general and 
		commander-in-chief, and admiral, to be exercised agreeably to the rules 
		and regulations of the constitution and the laws of the land, and not 
		otherwise.
		Provided, That the said governor shall not, at 
		any time hereafter, by virtue of any power by this constitution granted, 
		or hereafter to be granted to him by the legislature, transport any of 
		the inhabitants of this commonwealth, or oblige them to march out of the 
		limits of the same, without their free and voluntary consent, or the 
		consent of the general court; except so far as may be necessary to march 
		or transport them by land or water for the defense of such part of the 
		State to which they cannot otherwise conveniently have access.
		Art. VIII. The power of pardoning offences, 
		except such as persons may be convicted of before the senate, by an 
		impeachment of the house, shall be in the governor, by and with the 
		advice of council; but no charter or pardon, granted by the governor, 
		with the advice of the council, before conviction, shall avail the party 
		pleading the same, notwithstanding any general or particular expressions 
		contained therein, descriptive of the offence or offences intended to be 
		pardoned.
		Art. IX. All judicial officers, the 
		attorney-general, the solicitor-general, all sheriffs, coroners, and 
		registers of probate, shall be nominated and appointed by the governor, 
		by and with the advice and consent of the council; and every such 
		nomination shall be made by the governor, and made at least seven days 
		prior to such appointment.
		Art. X. The captains and subalterns of the 
		militia shall be elected by the written votes of the train-band and 
		alarm-list of their respective companies, of twenty years of age and 
		upwards; the field-officers of regiments shall be elected by the written 
		votes of the captains and subalterns of their respective regiments; the 
		brigadiers shall be elected, in like manner, by the field-officers of 
		their respective brigades; and such officers, so elected, shall be 
		commissioned by the governor, who shall determine their rank.
		The legislature shall, by standing laws, direct 
		the time and manner of convening the electors, and of collecting votes, 
		and of certifying to the governor the officers elected.
		The major-generals shall be appointed by the 
		senate and house of representatives, each having a negative upon the 
		other; and be commissioned by the governor.
		And if the electors of brigadiers, 
		field-officers, captains, or subalterns shall neglect or refuse to make 
		such elections, after being duly notified, according tot he laws for the 
		time being, then the governor, with the advice of council, shall appoint 
		suitable persons to fill such offices.
		And no officer, duly commissioned to command in 
		the militia, shall be removed from his office, but by the address of 
		both houses to the governor, or by fair trial in court-martial, pursuant 
		to the laws of the commonwealth for the time being.
		The commanding officers of regiments shall 
		appoint their adjutants and quartermasters; the brigadiers, their 
		brigade-majors; and the major-generals, their aids; and the governor 
		shall appoint the adjutant-general.
		The governor, with the advice of council, shall 
		appoint all officers of the Continental Army, whom, by the Confederation 
		of the United States, it is provided that this commonwealth shall 
		appoint, as also all officers of forts and garrisons.
		The divisions of the militia into brigades, 
		regiments, and companies, made in pursuance of the militia-laws now in 
		force, shall be considered as the proper divisions of the militia in 
		this commonwealth, until the same shall be altered in pursuance of some 
		future law.
		Art. XI. No moneys shall be issued out of the 
		treasury of this commonwealth and disposed of, except such sums as may 
		be appropriated for the redemption of bills of credit or treasurer's 
		notes, or for the payment of interest arising thereon, but by warrant 
		under the hand of the governor for the time being, with the advice and 
		consent of the council for the necessary defense and support of the 
		commonwealth, and for the protection and preservation of the inhabitants 
		thereof, agreeably to the acts and resolves of the general court.
		Art. XII. All public boards, the 
		commissary-general, all superintending officers of public magazines and 
		stores, belonging to this commonwealth, and all commanding officers of 
		forts and garrisons within the same, shall, once in every three months, 
		officially and without requisition, and at other times, when required by 
		the governor, deliver to him an account of all goods, stores, 
		provisions, ammunition, cannon, with their appendages, and small-arms 
		with their accoutrements, and of all other public property whatever 
		under their care, respectively; distinguishing the quantity, number, 
		quality, and kind of each, as particularly as may be; together with the 
		condition of such forts and garrisons; and the said commanding officer 
		shall exhibit to the governor, when required by him, true and exact 
		plans of such forts, and of the land and sea, or harbor or harbors, 
		adjacent.
		And the said boards, and all public officers, 
		shall communicate to the governor, as soon as may be after receiving the 
		same, all letters, dispatches, and intelligences of a public nature, 
		which shall be directed to them respectively.
		Art. XIII. As the public good requires that the 
		governor should not be under the undue influence of any of the members 
		of the general court, by a dependence on them for his support; that he 
		should, in all cases, act with freedom for the benefit of the public; 
		that he should not have his attention necessarily diverted from that 
		object to his private concerns; and that he should maintain the dignity 
		of the commonwealth in the character of its chief magistrate, it is 
		necessary that he should have an honorable stated salary, of a fixed and 
		permanent value, amply sufficient for those purposes, and established by 
		standing laws; and it shall be among the first acts of the general 
		court, after the commencement of this constitution, to establish such 
		salary by law accordingly.
		Permanent and honorable salaries shall also be 
		established by law for the justices of the supreme judicial court.
		And if it shall be found that any of the 
		salaries aforesaid, so established, are insufficient, they shall, from 
		time to time, be enlarged, as the general court shall judge proper.
		CHAPTER II.
		Section 2.--Lieutenant-Governor
		Article I. There shall be annually elected a 
		lieutenant-governor of the commonwealth of Massachusetts, whose title 
		shall be "His Honor;" and who shall be qualified, in point of religion, 
		property, and residence in the commonwealth, in the same manner with the 
		governor; and the day and manner of his election, and the qualification 
		of the electors, shall be the same as are required in the election of a 
		governor. The return of the votes for this officer, and the declaration 
		of his election, shall be in the same manner; and if no one person shall 
		be found to have a majority of all the votes returned, the vacancy shall 
		be filled by the senate and house of representatives, in the same manner 
		as the governor is to be elected, in case no one person shall have a 
		majority of the votes of the people to be governor.
		Art. II. The governor, and in his absence the 
		lieutenant-governor, shall be president of the council; but shall have 
		no voice in council; and the lieutenant-governor shall always be a 
		member of the council, except when the chair of the governor shall be 
		vacant.
		Art. III. Whenever the chair of the governor 
		shall be vacant, by reason of his death, or absence from the 
		commonwealth, or otherwise, the lieutenant-governor, for the time being, 
		shall, during such vacancy perform all the duties incumbent upon the 
		governor, and shall have and exercise all the powers and authorities 
		which, by this constitution, the governor is vested with, when 
		personally present.
		CHAPTER II.
		Section 3.--Council, and the Manner of Settling 
		Elections by the Legislature
		Article I. There shall be a council, for 
		advising the governor in the executive part of the government, to 
		consist of nine persons besides the lieutenant-governor, whom the 
		governor, for the time being, shall have full power and authority, from 
		time to time, at this discretion, to assemble and call together; and the 
		governor, with the said councilors, or five of them at least, shall and 
		may, from time to time, hold and keep a council, for the ordering and 
		directing the affairs of the commonwealth, according to the laws of the 
		land.
		Art. II. Nine councilors shall be annually 
		chosen from among the persons returned for councilors and senators, on 
		the last Wednesday in May, by the joint ballot of the senators and 
		representatives assembled in one room; and in case there shall not be 
		found, upon the first choice, the whole number of nine persons who will 
		accept a seat in the council, the deficiency shall be made up by the 
		electors aforesaid from among the people at large; and the number of 
		senators left shall constitute the senate for the year. The seats of the 
		persons thus elected from the senate, and accepting the trust, shall be 
		vacated in the senate.
		Art. III. The councilors, in the civil 
		arrangements of the commonwealth, shall have rank next after the 
		lieutenant-governor.
		Art. IV. Not more than two councilors shall be 
		chosen out of any one district in this commonwealth.
		Art. V. The resolutions and advice of the 
		council shall be recorded in a register and signed by the members 
		present; and this record may be called for, at any time, by either house 
		of the legislature; and any member of the council may insert his 
		opinion, contrary to the resolution of the majority.
		Art. VI. Whenever the office of the governor and 
		lieutenant-governor shall be vacant by reason of death, absence, or 
		otherwise, then the council, or the major part of them, shall, during 
		such vacancy, have full power and authority to do and execute all and 
		every such acts, matters, and things, as the governor or the 
		lieutenant-governor might or could, by virtue of this constitution, do 
		or execute, if they, or either of them, were personally present.
		Art. VII. And whereas the elections appointed to 
		be made by this constitution on the last Wednesday in May annually, by 
		the two houses of the legislature, may not be completed on that day, the 
		said elections may be adjourned from day to day, until the same shall be 
		completed. And the order of elections shall be as follows: The vacancies 
		in the senate, if any, shall first be filled up; the governor and 
		lieutenant-governor shall then be elected, provided there should be no 
		choice of them by the people; and afterwards the two houses shall 
		proceed to the election of the council.
		CHAPTER II.
		Section 4.--Secretary, Treasurer, Commissary, 
		etc.
		Article I. The secretary, treasurer, and 
		receiver-general, and the commissary-general, notaries public, and naval 
		officers, shall be chosen annually, by joint ballot of the senators and 
		representatives, in one room. And, that the citizens of this 
		commonwealth may be assured, from time to time, that the moneys 
		remaining in the public treasury, upon the settlement and liquidation of 
		the public accounts, are their property, no man shall be eligible as 
		treasurer and receiver-general more than five years successively.
		Art. II. The records of the commonwealth shall 
		be kept in the office of the secretary, who may appoint his deputies, 
		for whose conduct he shall be accountable; and he shall attend the 
		governor and council, the senate and house of representatives in person 
		or by his deputies, as they shall respectively require.
		CHAPTER III.
		Judiciary Power.
		Article I. The tenure that all commission 
		officers shall by law have in their offices shall be expressed in their 
		respective commissions. All judicial officers, duly appointed, 
		commissioned, and sworn, shall hold their offices during good behavior, 
		excepting such concerning whom there is different provision made in this 
		constitution: Provided, nevertheless, The governor, with consent of the 
		council, may remove them upon the address of both houses of the 
		legislature.
		Art. 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 solemn occasions.
		Art. 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 commonwealth.
		Art. 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.
		Art. 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 provision.
		CHAPTER 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 the 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 stead.
		CHAPTER V.--THE UNIVERSITY AT CAMBRIDGE, AND 
		ENCOURAGEMENT OF LITERATURE, ETC.
		Section 1.--The University
		Article I. Whereas our wise and pious ancestors, 
		so early as the year [1636], laid the foundation of Harvard College, in 
		which university many persons of great prominence have, by the blessing 
		of God, been initiated in those arts and sciences which qualified them 
		for the public employments, both in church and State; and whereas the 
		encouragement of arts and sciences, and all good literature, tends to 
		the honor of God, the advantage of the Christian religion, and the great 
		benefit of this and the other other United 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, 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.
		Art. II. and whereas there have been, at sundry 
		times, by divers persons, gifts, grants, devises of houses, lands, 
		tenements, goods, chattels, legacies, and conveyances heretofore made, 
		either to Harvard College in Cambridge, in New England, or to the 
		president and fellows of Harvard College, or to the said college, by 
		some other description, under several charters successively, it is 
		declared, that all the said gifts, grants, devises, legacies, and 
		conveyances 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.
		Art. III. And whereas by an act of the general 
		court of the colony of Massachusetts Bay, passed in the year [1642], 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, is 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 successors 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 powers and authority 
		belonging, or in any way appertaining, 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 legislature of the late province 
		of the Massachusetts Bay.
		CHAPTER V.
		Section 2.--The Encouragement of Literature, 
		etc.
		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 legislatures and magistrates, in all future periods 
		of this commonwealth, to cherish the interests 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, rewards and 
		immunities, for the promotion of agriculture, arts, sciences, 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, industry and frugality, honesty 
		and punctuality in their dealings; sincerity, and good humor, and all 
		social affections and generous sentiments, among the people.
		CHAPTER 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, etc.
		Article I. Any person chosen governor, 
		lieutenant-governor, councilor, senator, or representative, and 
		accepting the trust, shall, before he proceed to execute the duties of 
		his place or office, make and subscribe the following declaration, viz:
		"I, 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 qualification for the office or place to which 
		I am elected."
		And the governor, lieutenant-governor, and 
		councilors 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 persons appointed or commissioned to 
		any judicial, executive, military, or other office 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 
		affirmations, 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 
		commonwealth, and that I will defend the same against traitorous 
		conspiracies and all hostile attempts whatsoever; and that I do renounce 
		and abjure all allegiance, subjection, and obedience tot he King, Queen, 
		or government of Great Britain, (as the case may be,) and every other 
		foreign power whatsoever; and that no foreign prince, person, prelate, 
		state, or potentate hath, or ought to have, any jurisdiction, 
		superiority, preeminence, 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 
		testify and declare that no man, or body of men, hat, or can have, any 
		right to absolve or discharge me from the obligation of this oath, 
		declaration, or affirmation; and that I do make this acknowledgment, 
		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 
		reservation whatsoever: So help me, God."
		"I, 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 the commonwealth: So help me, God."
		Provided always, That when any person, chosen 
		and appointed as aforesaid, shall be of the denomination of people 
		called Quakers, and shall decline taking the said oaths, he shall make 
		his affirmation in the foregoing form, and subscribe the same, omitting 
		the words, "I do swear," "and abjure," "oath or," "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 penalties of perjury."
		And the said oaths or affirmations shall be 
		taken and subscribed by the governor, lieutenant-governor, and 
		councilors, before the president of the senate, in the presence of the 
		two houses of assembly; and by 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 by the residue of the 
		officers aforesaid, before such persons and in such manner as from time 
		to time shall be prescribed by the legislature.
		Art. II. No governor, lieutenant-governor, or 
		judge of the supreme judicial court shall hold any other office 
		workplace, under the authority of this commonwealth, except such as by 
		the constitution they are admitted to hold, saving that the judges of 
		the said court may hold the office of the justices of the peace through 
		the State; nor shall they hold any other place or office, or receive any 
		pension or salary from any other State, or government, or power, 
		whatever.
		No person shall be capable of holding or 
		exercising at the same time, within this State, more than one of the 
		following offices, viz: judge of probate, sheriff, register of probate, 
		or register 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 house of representatives, or by the election of the 
		people of the State at large, or of the people of any county, military 
		offices, and the offices of justices of the peace excepted, shall be 
		held by one person.
		No person holding the office of judge of the 
		supreme judicial court, secretary, attorney-general, solicitor-general, 
		treasurer or receiver-general, judge of probate, commissary-general, 
		president, professor, or instructor of Harvard College, sheriff, clerk 
		of the house of representatives, register of probate, register of deeds, 
		clerk of the supreme judicial court, clerk of the inferior court of 
		common pleas, or officer of the customs, including in this description 
		naval officers, shall at the same time have a seat in the senate or 
		house of representatives; but their being chosen or appointed to, and 
		accepting the same, shall operate as a resignation of their seat in the 
		senate or house of representatives; and the place so vacated shall be 
		filled up.
		And the same rule shall take place in case any 
		judge of the said supreme judicial court or judge of probate shall 
		accept a seat in council, or any councilor shall accept of either of 
		those offices or places.
		And no person shall ever be admitted to hold a 
		seat in the legislature, or any office of trust or importance under the 
		government of this commonwealth, who shall in the due course of law have 
		been convicted of bribery or corruption in obtaining an election or 
		appointment.
		Art. III. In all cases where sums or money are 
		mentioned in this constitution, the value thereof shall be computed in 
		silver, at six shillings and eight pence per ounce; and it shall in the 
		power of the legislature, from time to time, to increase such 
		qualifications, as to property, of the persons to be elected to offices 
		as the circumstances of the commonwealth shall require.
		Art. IV. All commissions shall be in the name of 
		the commonwealth of Massachusetts, signed by the governor, and attested 
		by the secretary or his deputy, and have the great seal of the 
		commonwealth affixed thereto.
		Art. V. All writs, issuing of the clerk's office 
		in any of the courts of law, shall be in the name of the commonwealth of 
		Massachusetts; they shall be under the seal of the court from when they 
		issue; they shall bear test of the first justice of the court to which 
		they shall be returned who is not a party, and be signed by the clerk of 
		such court.
		Art. VI. All the laws which have heretofore been 
		adopted, used, and approved in the province, colony, or State of 
		Massachusetts Bay, and usually practiced on in the courts of law, shall 
		still remain and be in full force, until altered or repealed by the 
		legislature, such parts only excepted as are repugnant to the rights and 
		liberties contained in this constitution.
		Art. VII. The privilege and benefit of the writ 
		of habeas corpus shall be enjoyed in this commonwealth, in the most 
		free, easy, cheap, expeditious, and ample manner, and shall not be 
		suspended by the legislature, except upon the most urgent and pressing 
		occasions, and for a limited time, not exceeding twelve months.
		Art. VIII. The enacting style, in making and 
		passing all acts, statutes, and laws, shall be, "Be it enacted by the 
		senate and house of representatives in general court assembled, and by 
		authority of the same."
		Art. IX. To the end there may be no failure of 
		justice or danger arise to the commonwealth from a change in the form of 
		government, all officers, civil and military, holding commissions under 
		the government and people of Massachusetts Bay, in New England, and all 
		other officers of the said government and people, at the time this 
		constitution shall take effect, shall have, hold, use, exercise, and 
		enjoy all the powers and authority to them granted or committed until 
		other persons shall be appointed in their stead; and all courts of law 
		shall proceed in the execution of the business of their respective 
		departments; and all the executive and legislative officers, bodies, and 
		powers shall continue in full force, in the enjoyment and exercise of 
		all their trusts, employments, and authority, until the general court, 
		and the supreme and executive officers under this constitution, are 
		designated and invested with their respective trusts, powers, and 
		authority.
		Art. X. In order the more effectually to adhere 
		tot he principles of the constitution, and to correct those violations 
		which by any means may be made therein, as well as to form such 
		alterations as from experience shall be found necessary, the general 
		court which shall be in the year of our Lord [1795] shall issue precepts 
		to the selectmen of the several towns, and to the assessors of the 
		unincorporated plantations, directing them to convene the qualified 
		voters of their respective towns and plantations, for the purpose of 
		collecting their sentiments on the necessity or expediency of revising 
		the constitution in order to amendments.
		And if it shall appear, by the returns made, 
		that two-thirds of the qualified voters through out the State, who shall 
		assemble and vote in consequence of the said precepts, are in favor of 
		such revision or amendment, the general court shall issue precepts, or 
		direct them to be issued from the secretary's office, to the several 
		towns to elect or direct them to be issued from the secretary's office, 
		to the several towns to elect delegates to meet in convention for the 
		purpose aforesaid.
		And said delegates to be chosen in the same 
		manner and proportion as their representatives in the second branch of 
		the legislature are by this constitution to be chosen.
		Art. XI. This form of government shall be 
		enrolled on parchment and deposited in the secretary's office, and be a 
		part of the laws of the land, and printed copies thereof shall be 
		prefixed to the book containing the laws of this commonwealth in all 
		future editions of the said laws.
		JAMES BOWDOIN, President
		  
		Samuel Barrett, Secretary 
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