The Massachusetts judicial system can trace its history back to the first English settlement in 1630, and English common law. The General Court was a legislative body, composed of freemen, which met quarterly. The Charter authorized the General Court to "make, ordain, and establish all manner of wholesome and responsible orders, laws, statutes, and ordinances, directions, and instructions not contrary to the laws [of England…and settle] the forms and ceremonies of government and magistracy fit and necessary" (Menand 7). Each town elected deputies to represent them in the General Court. These elected officials later became known as magistrates. Within a decade of the first English settlement, a three tiered judicial system had been set up comprised of magistrates, county courts, and a Court of Assistants (the chosen leaders of the General Court—governor, deputy governor, and eighteen assistants). Under the Charter, the Court of Assistants not only had the powers of a justice of the peace, they also had "full and absolute power and authority to correct, punish, pardon, govern, and rule" (8-10).

After the first Charter was abandoned by the Crown in 1684, the judicial system saw some changes. The General Court and Court of Assistants were replaced by a Governor and Council, both of whom were appointed by the Crown. The Council held "appellate jurisdiction and the highest trial authority" until a Superior Court of Judicature was established in 1687 (10-11). Superior Court judges were appointed by the Governor with the Council’s consent. The county courts were divided into two jurisdictions: Court of Common Pleas for civil issues, and Court of General Sessions for criminal cases. The Court of Common Pleas, also referred to as the Inferior Court of Common Pleas, acted as the main trial court in Massachusetts until 1859 (Hindus). Also at the local level, were Justices of the Peace who were appointed by the Governor and Council, and who exercised authority previously held by the magistrates (Menand 11).

In 1692, a second charter was established, making the colony a royal province, reestablishing the General Court, and establishing a house of representatives and a council elected by the house (11). The three tier system continued, with the Justice of the Peace being at the lowest tier, administering local justice, hearing civil cases of less than 40 shillings, misdemeanors, and "bound over" other criminal defendants for the grand jury. The Courts of Common Pleas and General Sessions remained in the middle tier, hearing civil and criminal cases, as well as appeals from the Justices of the Peace (12). Appeals from the middle two courts went to the Superior Court, the highest tier, which also oversaw capital cases and cases where damages exceeded ten pounds. Cases involving more than 300 pounds sterling could be appealed to the Privy Council (13). "Each court established its own rules and appointed its own clerk, who was required to maintain its records" (15). In 1827, the Court of General Sessions was dissolved.

After the Revolution, and the adoption of a state constitution, the established court system continued, the only changes were the renaming of the Superior Court of Judicature to the Supreme Judicial Court, which gained jurisdiction over divorce, and to "put probate on a statutory footing by establishing a court in each county with appeal to the Supreme Judicial Court…" (16). In 1804, the first published reports of Supreme Judicial Court decisions appeared, which allowed for the development of a more modern system of case law (16). In 1859, a statewide Superior Court was created. The new Superior Court had a seat in each county, replacing the Court of Common Pleas at the middle tier, but also had concurrent jurisdiction with the Supreme Judicial Court over actions of law above specified minimums (18).

While courts in Massachusetts have always performed probate functions, it was not until after the Revolutionary War that a Probate Court was established. The Probate Court was to "[probate wills, administer] estates of the deceased, [appoint] guardians for minors and ‘distracted persons’, and [examine] guardians, executors and administrators" (75). From 1856 to 1858, a separate Insolvency Court was established to serve as the court of record that had jurisdiction over cases of insolvency. In 1858, Insolvency Court was combined with the Probate Court (82). In 1898, the legislature created the Court of Registration, which later became the Land Court. The Land Court’s jurisdiction includes "nearly every aspect of litigation affecting real property other than specific performance of contract". Prior to the establishment of the Court of Registration, land deeds fell under the purview of the General Court (87).