The Governor's Council has gone through many different formations throughout its history, at times being simply a legal counsel, also serving as provincial magistrates and judges, sometimes acting as an executive in the absence of a Governor, to serving as an upper house of the Massachusetts General Court (the state legislature).

The assistants were a body of magistrates who not only decided judicial cases, but also played a role in the colony's lawmaking.

The appeals were to be administered by the local courts and any suit which was of significant sum, namely 300 Pounds sterling, would be moved to the King's Privy Council.

If a seat on the Council becomes vacant, the General Court may, by concurrent vote, select some person from the relevant councillor district to fill the opening.

[8] If the General Court is not in session, the Governor may select the new councillor, with the advice and consent of the existing Council.

The Council generally meets at noon on Wednesdays in its State House Chamber, next to the Governor's Office.

[10] In addition, the Governor must seek the advice and consent of the Council with respect to nominations of judicial officers,[11] appointment and removal of notaries public and justices of the peace,[12] issuance of pardons and commutations,[13] and payment of monies from the treasury.

The constitutional line of succession was amended in 1918 to remove the Council and insert the "secretary, attorney-general, treasurer and receiver-general, and auditor," in that order.