t 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]

[Footnote