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True it is that, when James stole down the Medway in the early morning of the 23d of December, he was taking a step which was capable of being turned by the friends of liberty and good government, or his own enemies,—and it was difficult to be one without being the other,—to the disherison of his son, and the far-reaching substitution of a statutory for a common-law monarchy.

At least they answer, upon the proposals made by David king of Scots in 1368, which were submitted to them in parliament, that, "saving to the said David and his heirs the articles contained therein, they saw no way of making a treaty which would not openly turn to the disherison of the king and his heirs, to which they would on no account assent; and so departed for that day."

At his accession to the throne, after a breach of the succession that continued for three descents, and above threescore years, the distinction of a king de jure, and a king de facto began to be first taken; in order to indemnify such as had submitted to the late establishment, and to provide for the peace of the kingdom by confirming all honors conferred, and all acts done, by those who were now called the usurpers, not tending to the disherison of the rightful heir.

He thinks, therefore, the curia and pares were to be judges in all cases of life and limb, or disherison of heir, where the crown was the prosecutor.

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.