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Updated: June 15, 2025
Before the duel took place, an important event occurred in the death of Roger Mortimer, the Lollard Earl of March, whom the King had proclaimed heir presumptive of England. He was Viceroy of Ireland, and was killed in a skirmish by the "wild Irish."
The presumptive heir to the Crown was the Duke of York, his Majesty's only brother. The Duke of York, son-in-law as I have noticed already of our good Chancellor, Lord Hyde, had himself only two daughters, equally beautiful, who, according to the laws of those islanders, would bear the sceptre in turn.
If people belonged to the criminal classes it was their own look out, and they must take the consequences. So that when the old boy referred to this inferential convict as a presumptive fact, the meaning of his own words had little force for himself.
"The evidence in this case is not direct and positive, but presumptive; and your attention has been called to some well known cases of persons convicted of, and executed for capital crimes, whose entire innocence was subsequently made apparent.
He knew well what pleasure would be felt in Troyes at such proceedings against the old nobles, the enemies of the people, now become the enemies of the Emperor. In such circumstances a magistrate is very apt to take mere presumptive evidence for actual proof. He imagined in his own mind some other motives for the deed than the restitution of Gondreville.
The Honourable Sackville Scatterbrain, on the advice of high legal authority, did not attempt to dispute a succession of which such satisfactory proofs existed, and, fortunately for himself, had knocked up a watering-place match, while he was yet in the bloom of heirship presumptive to a peerage, with the daughter of an English millionaire.
"All persons who have been led away from their allegiance, are required to return to their homes forthwith; any such absence, without sufficient cause, will be held to be presumptive evidence against them.
They were a slight presumptive evidence of proficiency, and had a supplementary value, because the public examinations were so loose and inadequate; but once establish a stiff, searching, sufficient, incorruptible, public examination, and then to have passed that examination is not presumptive, but demonstrative, proof of proficiency, and swallows up all minor and merely presumptive proofs.
One generation is not sufficient to remove these feelings; the barrenness of his marriage-bed, or the weakly state of his children, are successively speculated upon by the presumptive heir. Let it not be supposed that I would infer this always to be the fact.
At dawn on the 26th December, mounted upon a little pony, came Sherwa, heir presumptive to the Gerad Adan's knobstick. His father had sent him to us three days before, but he feared the Gudabirsi as much as the Gudabirsi feared him, and he probably hung about our camp till certain that it was safe to enter.
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