Hitherto the governor, assistants, and representatives, of Massachusetts had assembled in the same chamber, and deliberated together. At first their relative powers do not seem to have been accurately understood; nor the mode of deciding controverted questions to have been well defined. The representatives being the most numerous body, contended that every question should be decided by a majority of the whole, while the assistants asserted their right to a negative. More than once, this contest suspended the proceedings of the general court. But the assistants having, with the aid of the clergy, succeeded on each occasion, the representatives yielded the point, and moved that separate chambers should be provided for the two branches of the legislature. This motion being carried in the affirmative, their deliberations were afterwards conducted apart from each other.
This regulation was subsequently modified with respect to judicial proceedings; for the legislature was the court of the last resort. If, in these, the two houses differed, the vote was to be taken conjointly.
[Sidenote: New England takes part with Parliament.]
In England, the contests between the King and Parliament, at length ripened into open war. The colonies of New England took an early and sincere part on the side of Parliament. Their interests were committed to such agents as might best conciliate the favour of the House of Commons, who, in return, manifested the impression received from them, and from the general conduct of their northern colonies, by passing a resolutions exempting from the payment of "duties or other customs," until the house should order otherwise, all merchandises exported to or from New England.[76] And, in 1644, the general court passed an ordinance declaring "that what person soever shall by word, writing, or action, endeavour to disturb our peace directly or indirectly by drawing a party under pretence that he is for the King of England, and such as join with him against the Parliament, shall be accounted as an offender of a high nature against this commonwealth, and to be proceeded with either capitally or otherwise, according to the quality and degree of his offence; provided always that this shall not be extended against any merchants, strangers and shipmen that come hither merely for trade or merchandise, albeit they should come from any of those parts that are in the hands of the King, and such as adhere to him against the Parliament; carrying themselves here quietly, and free from railing, or nourishing any faction, mutiny, or sedition among us as aforesaid."[77]