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7
To whom the elder did this aunswere frame:

"Then weet ye, Sir, that we two brethren be
To whom our sire, Milesio by name,
Did equally bequeath his lands in fee,
Two Islands, which ye there before you see
Not farre in sea; of which the one appeares
But like a little Mount of small degree,

Yet was as great and wide, ere many years,
As that same other Isle, that greater bredth now beares.

8
“But tract of time, that all things doth decay,

And this devouring Sea, that naught doth spare,
The most part of my land hath washt away,
And throwne it up unto my brothers share:
So his encreased, but mine did empaire.
Before which time I lov'd, as was my lot,
That further mayd, hight Philtera the faire,

With whom a goodly doure I should have got,
And should have joyned bene to her in wedlocks knot.

9

"Then did my younger brother, Amidas,

Love that same other damzell, Lucy bright,
To whom but little dowre allotted was:
Her vertue was the dowre that did delight.
What better dowre can to a dame be hight?
But now, when Philtra saw my lands decay
And former livelod fayle, she left me quight,

And to my brother did ellope streight way;
Who, taking her from me, his owne love left astray.

10
"She, seeing then her selfe forsaken so,

Through dolorous despaire which she conceyved,
Into the Sea her selfe did headlong throw,
Thinking to have her griefe by death bereaved :
But see how much her purpose was deceived !
Whilest thus, amidst the billowes beating of her,
'Twixt life and death long to and fro she weaved,

She chaunst unwares to light uppon this coffer, Which to her in that daunger hope of life did offer.

11

“The wretched mayd, that earst desir'd to die,

When as the paine of death she tasted had,
And but halfe seene his ugly visnomie,
Gan to repent that she had beene so mad
For any death to chaunge life, though most bad:
And catching hold of this sea-beaten chest,
The lucky Pylot of her passage sad,

After long tossing in the seas distrest,
Her weary barke at last uppon mine Isle did rest.

12

"Where I by chaunce then wandring on the shore

Did her espy, and through my good endevour
From dreadfull mouth of death, which threatned sore
Her to have swallow'd up, did helpe to save her.
She then, in recompence of that great favour
Which I on her bestowed, bestowed on me
The portion of that good which Fortune gave her,

Together with her selfe in dowry free;
Both goodly portions, but of both the better she.

13
“Yet in this coffer which she with her brought

Great threasure sithence we did finde contained,
Which as our owne we tooke, and so it thought;
But this same other Damzell since hath fained
That to her selfe that threasure appertained;
And that she did transport the same by sea,
To bring it to her husband new ordained,

But suffred cruell shipwracke by the way:
But, whether it be so or no, I can not say.

14

“But whether it indeede be so or no,

This doe I say, that what so good or ill
Or God or Fortune unto me did throw,
Not wronging any other by my will,

I hold mine owne, and so will hold it still.
And though my land he first did winne away,
And then my love, (though now it little skill),

Yet my good lucke he shall not likewise pray,
But I will it defend whilst ever that I may.”

15
So having sayd, the younger did ensew:

"Full true it is what so about our land
My brother here declared hath to you:
But not for it this ods twixt us doth stand,
But for this threasure throwne uppon his strand:
Which well I prove, as shall appeare by triall,
To be this maides with whom I fastned hand,

Known by good markes and perfect good espiall:
Therefore it ought be rendred her without deniall."

16

When they thus ended had, the Knight began:

"Certes, your strife were easie to accord,
Would ye remit it to some righteous man."
"Unto yourselfe,” said they, “we give our word,
To bide that judgement ye shall us afford.”
“Then for assurance to my doome to stand,
Under my foote let each lay downe his sword;

And then you shall my sentence understand.”
So each of them layd downe his sword out of his hand.

17 Then Artegall thus to the younger sayd:

"Now tell me, Amidas, if that ye may, Your brothers land the which the sea hath layd Unto your part, and pluckt from his away, By what good right doe you withhold this day?" "What other right," (quoth he) "should you esteeme, But that the sea it to my share did lay?"

"Your right is good,” (sayd he) "and so I deeme, That what the sea unto you sent your own should seeme."

18 Then turning to the elder thus he sayd:

"Now, Bracidas, let this likewise be showne;

Your brothers threasure, which from him is strayd,
Being the dowry of his wife well knowne,
By what right doe you claime to be your owne?"
“What other right,” (quoth he) "should you esteeme,
But that the sea hath it unto me throwne?"

"Your right is good,” (sayd he) "and so I deeme, That what the sea unto you sent your own should seeme.

19
“For equall right in equall things doth stand;

For what the mighty Sea hath once possest,
And plucked quite from all possessors hand,
Whether by rage of waves that never rest,
Or else by wracke that wretches hath distrest,
He may dispose by his imperiall might,
As thing at randon left, to whom he list.

So, Amidas, the land was yours first hight;
And so the threasure yours is, Bracidas, by right.”

20
When he his sentence thus pronounced had,

Both Amidas and Philtra were displeased;
But Bracidas and Lucy were right glad,
And on the threasure by that judgement seased.
So was their discord by this doome appeased,
And each one had his right. Then Artegall,
When as their sharpe contention he had ceased,

Departed on his way, as did befall,
To follow his old quest, the which him forth did call.

ILLINOIS

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EDITOR-IN-CHIEF

ALBERT KOCOURER

BOARD OF MANAGING EDITORS FREDERIC B. CROSSLEY

HENRY C. HALL

ROBERT W. MILLAR CHARLES B. ELDER

ALBERT KOCOUREK John H. WIGNORE NATHAN WILLIAM MacCHESNEY

ASSOCIATE EDITORS

Undergraduates WINSLOW WHITMAN THOMAS G. MCBRIDE BERNARD A. STOL GEORGE E. BILLETT ROBERT L. DONIGAN Calvin D. TROWBRIDGE HUBERT VAN HOOK THOMAS A. MATTHEWS JOHN C. TUCKER OWEN F. RALL

EDWARD S. PRICE Mahlon O. West

Faculty and Bar EDWIN C. AUSTIN

Louis M. GREELEY CHARLES G. LITTLE CECIL BARNES

WILLIAM H. HAIGHT ELMER M. LEESMAN ANDREW A. BRUCE

WILLIAM B. HALE ALBERT S. LONG
Louis G. CALDWELL
HERBERT HARLEY

HARRIS C. LUTKIN
MITCHELL D. FOLLAN SBEE RICHARD Y. HOFFMAN THEODORE SCHMIDT
JAMES J. FORSTALL CHARLES C. HYDE
Ex-Officio, R. ALLAN STEPHENS, Secretary, Illinois State Bar Association

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COMMENT ON RECENT CASES

ELECTIONS-BalloTS-VOTER'S TESTIMONY TO HIS VOTE.-In Metheny v. Pickel 310 Ill. 309, 141 N. E. 762 (Dec. 19, 1923), the Supreme Court has taken a liberal and wise stand as to the permissible mode of proving fraudulent mishandling of ballots at an election. In that case, the official return of an election for school director showed 84 votes for M. and 123 for P. The only opportunity for official misconduct occurred at the time of the balloting, when one of the judges did have an opportunity to substitute P. ballots for M. ballots. But did he? The contestant produced 118

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