Massachusetts General Laws

Mass. Gen. Laws ch. 277, § 5 (2026)

Impanelling and oath

✓ current as of July 2026

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Section 5. The clerk of the court shall prepare an alphabetical list of the names of all persons returned as grand jurors, and, when they are to be impanelled, the first two persons named thereon shall be first called, and the following oath shall be administered to them:

You, as grand jurors of this inquest for the body of this county of , do solemnly swear that you will diligently inquire, and true presentment make, of all such matters and things as shall be given you in charge; the commonwealth's counsel, your fellows' and your own, you shall keep secret; you shall present no man for envy, hatred or malice, neither shall you leave any man unpresented for love, fear, favor, affection or hope of reward; but you shall present things truly, as they come to your knowledge, according to the best of your understanding; so help you God.

The other jurors shall then be called in such divisions as the court considers proper, and the following oath shall be administered to them:

The same oath which your fellows have taken on their part, you and each of you on your behalf shall well and truly observe and keep; so help you God.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1923–2025 · leading case: Commonwealth v. McCowen, 939 N.E.2d 735 (Mass. 2010).

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Commonwealth v. McCowen, 939 N.E.2d 735 (Mass. 2010). · cites it 2× “919 (1985), quoting G. L. c. 277, § 5 (grand juror's oath). Where a defendant makes a prima facie showing of grand jury bias or prejudice so egregious that it suggests that the grand jury returned an indictment based on "envy, hatred or malice" rather than the evidence in the…”

Commonwealth v. McLeod, 477 N.E.2d 972 (Mass. 1985). · cites it 2× “Although they rely on three elements to do so, none of these factors, taken individually or in combination, meets their burden. First, the defendants introduced copies of newspaper articles as well as recordings of television and radio programs to show pervasive media coverage…”

Commonwealth v. Leavitt, 460 N.E.2d 1060 (Mass. App. Ct. 1984). · cites it 2× “[6] It was nowhere proved, the defendant argues, that the grand jurors took their statutory oath (G.L.c. 277, § 5). Therefore, the argument continues, it was not established *591 that the special grand jury was lawfully convened and that false statements were made under oath in…”

Commonwealth v. Walczak, 979 N.E.2d 732 (Mass. 2012). “We have suggested that an indictment may *847 not be allowed to stand where a defendant has made a prima facie showing of bias or prejudice on the part of the grand jury “so egregious as to result in an indictment based on ‘hatred or malice,’ within the meaning of G. L. c. 277,…”

Commonwealth v. Wilcox, 767 N.E.2d 1061 (Mass. 2002). “” He asserts that the word “concurrence” “presumes that a grand *35 juror has been present to hear all of the evidence presented before joining in a decision to indict,” and, that such an obligation is necessitated by the grand jurors’ oath, see G. L. c. 277, § 5. The defendant…”

Commonwealth v. McNary, 246 Mass. 46 (Mass. 1923). “Whether the final paragraph of the letter, to the effect that the grand jury had a right to read and consider the testimony before the two previous grand juries, was sound as an unqualified proposition of law, need not be decided.”

Opinion of the Justices to the Governor, 371 N.E.2d 422 (Mass. 1977). “As to the testimony given, the jurors are sworn by their statutory oath, G. L. c. 277, § 5, not to divulge it, nor may they discuss their deliberations or votes, but there is some relaxation of the enforced silence after an indictment has come down.”

Silverio v. Mun. Court of the City of Boston, 247 N.E.2d 379 (Mass. 1969). “G. L. c. 277, §§ 5, 12 and 13. But even that does not prevent a grand juror from testifying that a certain person had not been a witness before a grand jury.”

Commonwealth v. Schnackenberg, 248 N.E.2d 273 (Mass. 1969). “” The *68 defendant argues that such disclosures violated the requirement of secrecy imposed upon grand jury proceedings.”

Dean Tran v. Commonwealth (Mass. 2025). · cites it 2× “, which requires that they "shall present no man for envy, hatred or malice," G. L. c. 277, § 5. We have said that "further inquiry may be warranted where [there is] a prima facie showing of bias or prejudice so egregious as to result in an indictment based on 'hatred or…”

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