7 To whom the elder did this auns were frame: Did equally bequeath his lands in fee, Two Islands, which ye there before you see 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, 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: 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 The portion of that good which Fortune gave her, 13 "Yet in this coffer which she with her brought 14 "But whether it indeede be so or no, This doe I say, that what so good or ill 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: 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; 20 When he his sentence thus pronounced had, To follow his old quest, the which him forth did call. ILLINOIS LAW REVIEW Published monthly except July to October, inclusive, by Nathan William MacChesney, President. $3 PER YEAR Frederic B. Crossley, Secretary and Treasurer PRICE OF THIS NUMBER 50 CENTS Subscribers who wish to discontinue their subscriptions at the end of the subscription period should notify the business office of the REVIEW; other wise it will be assumed that a continuation of the subscription is desired. Ex-Officio, R. ALLAN STEPHENS, Secretary, Illinois State Bar Association To promote free expression of view on the part of contributors, the Editorial Board, collectively, assumes no responsibility for any statement in the columns of the REVIEW. Each article or communication, including editorial notes, comments on cases, and book reviews, is identified by the name or the initials of the writer. 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 |