Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/119

 CH. VII.] appear at all to have abated until, in pursuance of the statutes of 1 William and Mary, dissenters were allowed the liberty of conscience without molestation.

§ 93. In respect to real estate, the descent and distribution was directed to be among all the children, giving the eldest son a double share; conveyances in fraud of creditors were declared void; lands were made liable to be set off to creditors on executions by the appraisement of three appraisers.

The process in courts of justice was required to be in the name of the reigning king. Persons having no estate might be relieved from imprisonment by two assistants; but if the creditor required it, he should satisfy the debt by service. Depositions were allowed as evidence in civil suits. No person was permitted to plead in behalf of another person on trial for delinquency, except directly to matter of law, a provision somewhat singular in our annals, though in entire conformity to the English law in capital felonies. Bills and bonds were made assignable, and suits allowed in the name of the assignees.

Magistrates, justices of the peace, and ministers were authorized to marry persons; and divorces a vinculo allowed for adultery, fraudulent contract, or desertion for three years. Men and women, having a husband or wife in foreign parts, were not allowed to abide in the colony so separated above two years without liberty from the general court.