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Updated: May 10, 2025
Did I stay out o' nights, sir? Do you charge me with untimely drinkings and revellings? Was I extravagant? Did I get into some disreputable brawl? Did any such complaint reach you? None whatever. Yet these are just the offences for which the law contemplates disherison. Ah, but my step-mother fell ill. Indeed, and do you make that a charge against me? Do you prefer a suit for ill health?
The oath of the justices is in these words:"Ye shall swear, that well and lawfully ye shall serve our lord the king and his people, in the office of justice, and that lawfully ye shall counsel the king in his business, and that ye shall not counsel nor assent to anything which may turn him in damage or disherison in any manner, way, or color.
That thought, which completes the voluntary disherison of the mother, adds to the misery of her last moments and fills them with such a flood of remorse and regret that, notwithstanding her determination to be brave, she weeps and weeps. The night falls gradually.
They are sworn not to deny to any man common right, by the king's letters, nor none other man's, nor for none other cause. Is not the dissolution of society a disherison of the crown?
Magna Charter and the other statutes are full, "that they will not defer, delay, nor deny any man justice"; "that it shall not be commanded by the Great Seal, or in any other way, to disturb or delay common right." The judges of England are "not to counsel, or assent to anything which may turn to the damage or disherison of the crown."
It was enacted "by common consent of the King, his son Edward, the prelates, earls, barons, and commonalty of the realm," that the charters and the ordinances should be inviolably observed; that neither the King nor the Prince should aggrieve the earl or his associates for their past conduct; that if they did, their vassals and subjects should be released from the obligation of fealty till full redress were obtained, and their abettors should be punished with exile and forfeiture; that the barons, whom the King had defied before the battle of Lewes, should renew their homage and fealty; but on the express condition that such homage and fealty should be no longer binding if he violated his promise; that the command of the royal castles should be taken from suspected persons and intrusted to officers of approved loyalty; that the Prince should not leave the realm for three years, under pain of disherison; that he should not choose his advisers and companions himself, but receive them from the council of state; that with his father's consent he should put into the hands of the barons for five years, five royal castles, as securities for his behavior, and should deliver to Leicester the town and castle of Bristol in pledge till a full and legal transfer should be made of Chester, Pec, and Newcastle; that both Henry and Edward should swear to observe all these articles, and not to solicit any absolution from their oath, nor make any use of such absolution, if it were to be pronounced by the Pope; and lastly, that they should cause the present agreement "To be confirmed in the best manner that might be devised, in Ireland, in Gascony, by the King of Scotland, and in all lands subject to the King of England."
Unaware, as yet, of the disherison which his mother had visited upon him in his absence, he continued to manage the plantation and conduct all the business pertaining to it in his own name, as he had done ever since the close of the war. At first he entertained a hope that the feeling against him would die out.
And that ye shall not know the damage or disherison of him, whereof ye shall not cause him to be warned by yourself, or by other; and that ye shall do equal law and execution of right to all his subjects, rich and poor, without having regard to any person.
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