Massachusetts Constitution of 1780
227
And the said oaths or affirmations shall be taken and subscribed by
the Governor, Lieutenant Governor, and Counsellors, 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.
ii.—No Governor, Lieutenant Governor, or Judge of the Supreme Judicial Court, shall hold any other office or place, under the authority of
this Commonwealth, except such as by this Constitution they are admitted to hold, saving that the Judges of the said Court may hold the offices
of 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 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—Commissionary 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 Su-