CONSTITUTION OF THE COMMONWEALTH OF MASSACHUSETTS
October 25, 1780
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. [Annulled by Amendments, Art. CVI.]
Article 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. [See Amendments, Arts. XLVI and XLVIII.]
Article 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 diffused through a community, but by the institution of the
public worship of God, and of 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 subjects 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 of
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 the 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; otherwise it may be paid towards 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 one sect or denomination to another shall ever be
established by law.] [Art. XI of the Amendments substituted for this].
Article 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.
Article 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 their substitutes and
agents, and are at all times accountable to them.
Article 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 arises from the consideration of services 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.
Article 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, prosperity and happiness require
it.
Article 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.
Article 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. [See Amendments, Arts. XLV and XLVIII, The Initiative, sec. 2.] [For
compulsory voting, see Amendments, Art. LXI.] [For use of voting machines at elections,
see Amendments, Art. XXXVIII.] [For absent voting, see Amendments, Art. LXXVI.]
Article X. Each 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 the 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. [See Amendments, Arts. XXXIX,
XLIII, XLVII, XLVIII, The Initiative, II, sec. 2, XLIX, L, LI and XCVII.]
Article 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.
Article XII. No subject shall be held to answer for any crimes or offence, until the
same is 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 defence 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. [See Amendments, Art. XLVIII, The Initiative, II, sec. 2.]
Article 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.
Article 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. [See Amendments, Art. XLVIII, The
Initiative, II, sec. 2].
Article XV. In all controversies concerning property, and in all suits between two or more
persons, except in cases in which it has heretofore been otherways 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. [See Amendments, Art.
XLVIII, The Initiative, II, sec. 2].
Article 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.] [See Amendments,
Art. XLVIII, The Initiative, II, sec. 2.] [Annulled and superseded by Amendments, Art.
LXXVII.
Article XVII. The people have a right to keep and to bear arms for the common defence.
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.
Article XVIII. A frequent recurrence to the fundamental principles of the constitution,
and a constant adherence to those of piety, justice, moderation, temperance, 12 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
observance of them, in the formation and execution of the laws necessary for the good
administration of the commonwealth.
Article 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 remonstrances,
redress of the wrongs done them, and of the grievances they suffer. [See Amendments, Art.
XLVIII, The Initiative, II, sec. 2.]
Article 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. [See
Amendments, Arts. XLVIII, I, Definition and LXXXIX.]
Article 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 or place
whatsoever. [See Amendments, Art. XLVIII, The Initiative, II, sec. 2.]
Article XXII. The legislature ought frequently to assemble for the redress of
grievances, for correcting, strengthening and confirming the laws, and for making new
laws, as the common good may require.
Article 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.
Article 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.
Article XXV. No subject ought, in any case, or in any time, to be declared guilty of
treason or felony by the legislature.
Article XXVI. No magistrate or court of law, shall demand excessive bail or sureties,
impose excessive fines, or inflict cruel or unusual punishments. [See Amendments, Art.
XLVIII, The Initiative, II, sec. 2, and CXVI.]
Article 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 to be made but by
the civil magistrate, in a manner ordained by the legislature.
Article XVIII. No person can in any case be subject 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. [See Amendments, Art.
XLVIII, The Initiative, II, sec. 2.]
Article 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. [See Amendments, Arts.
XLVIII, The Initiative, II, sec. 2, and The Referendum, III, sec. 2, LXVIII and XCVIII.]
Article 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.
•Second
Part
•Amendments
•Legal
Help: Call 1-757-226-2489
•Contact
Legislators
•Wall of
Separation Between Church and State
•Legal Pixel Advertising