Pt. 2, c. I, § I, Art. III

Power to create courts

Power The Courts Pt. 2, c. I · Legislative Power

Official text rightpowerlimitif conditionlegal term

The 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.

Note (Massachusetts Legislature): [See Amendments, Art. XLVIII, The Initiative, II, sec. 2, and The Referendum, III, sec. 2.]

Simplified explanation

The general court has full power to set up courts of record and other courts, held in the commonwealth's name, to hear and decide all criminal and civil matters arising within it and to award execution. Those courts may administer oaths or affirmations.