The Online Library of Liberty

A project of Liberty Fund, Inc.

• Foreword
• Acknowledgments
• Editor’s Note
• 1: Essays and Controversial Papers of the Revolution
• On Private Revenge
• On Self-delusion
• On Private Revenge
• 2: A Dissertation On the Canon and Feudal Law
• 3: Instructions of the Town of Braintree to Their Representative, 1765
• 4: The Earl of Clarendon to William Pym
• No. I
• No. Ii
• No. Iii
• 5: Governor Winthrop to Governor Bradford
• No. I
• No. II: That the Hypocrite Reign Not, Lest the People Be Ensnared. Job.
• 6: The Independence of the Judiciary; a Controversy Between William Brattle and John Adams
• 7: Two Replies of the Massachusetts House of Representatives to Governor Hutchinson
• Answer to His Excellency’s Speech At the Opening of the Session
• Answer to His Excellency’s Speech
• 8: Novanglus; Or, a History of the Dispute With America, From Its Origin, In 1754, to the Present Time Addressed to the Inhabitants of the Colony of Massachusetts Bay
• No. I
• No. Ii
• No. Iii
• No. Iv
• No. V
• No. Vi
• No. Vii
• No. Viii
• No. Ix
• No. X
• No. Xi
• No. Xii
• 9: Thoughts On Government: Applicable to the Present State of the American Colonies
• 10: The Report of a Constitution, Or Form of Government, For the Commonwealth of Massachusetts
• Preamble
• Chapter I: A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts
• Chapter II: The Frame of Government
• Chapter III: Executive Power
• Chapter IV: Judiciary Power
• Chapter V: Delegates to Congress, Commissions, Writs, Indictments, &c.; Confirmation of Laws, Habeas Corpus, and Enacting Style
• Chapter VI: The University At Cambridge, and Encouragement of Literature, &c.
• Chapter Vii and Last

Chapter iv

Judiciary Power

Art. i.The tenure, that all commission officers by law hold 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 provided, nevertheless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature. And all other officers, appointed by the governor and council, shall hold their offices during pleasure.

ii. No justice of the superior court of judicature, court of assize, and general jail delivery, shall have a seat in the senate or house of representatives.

iii. The senate, nevertheless, as well as the governor and council, shall have authority to require the opinions of the judges upon important questions of law, and upon solemn occasions.

iv. 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 governor and council may, if necessary, renew such commissions, or appoint another person, as shall most conduce to the well-being of the commonwealth.

v. 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.

vi. All causes of marriage, divorce, and alimony, shall be determined by the senate; 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.