Page:Gesta Romanorum - Swan - Hooper.djvu/43

Rh There reigned some time in Rome a wise and mighty emperor, named Anselm, who did bear in his arms a shield of silver with five red roses; this emperor had three sons whom he loyed much; he had also continual war with the king of Egypt, in which war he lost all his temporal goods except a precious tree. It fortuned aifter on a day that he gave battel to the same king of Egypt, wherein he was grievously wounded, nevertheless he obtained the victory, notwithstanding he had his deadly wound: wherefore while he lay at point of death, he called unto his eldest son, and said: My dear and well-beloved son, all my temporal riches are spent, and almost nothing is left me, but a precious tree, the which stands in the midst of my empire; I give to thee all that is under the earth, and above the earth of the same tree. O my reverend father (quoth he) I thank you much.

Then said the emperor, call to me my second son. Anon the eldest son greatly joying of his father's gift, called in his brother; and when he came, the emperor said, my dear son, I may not make my testament, forasmuch as I have sent all my goods, except a tree which stands in the midst of mine empire, of the which tree I bequeath to thee all that is great and small. Then answered he and said, My reverend father, I thank you much.

Then said the emperor, call to me my third son, and so it was done. And when he was come, the emperor said. My dear son, I must die of these wounds, and I have only a precious tree, of which I have given thy brethren their portion, and to thee I bequeath thy portion: for I will that thou have of the said tree all that is wet and dry. Then said his son, Father, I thank you. Soon after the emperor had made his bequest, he died. And shortly after the eldest son took possession of the tree. Now when the second son heard this, he came to him, saying, My brother, by what law or title occupy you this tree? Dear brother, quoth he, I occupy it by this title, my father gave me all that is under the earth, and above of the said tree, by reason thereof the tree is mine. Unknowing to thee, quoth the second brother, he gave unto me all that is great and small of the said tree, and therefore I have as great right in the tree as you. This hearing the third son, he came to them and said, My well-beloved brethren, it behoveth you not to strive for this tree, for I have as much right in the tree as ye, for by the law ye wot, that the last will and testament ought to stand, for of truth he gave me of the said tree all that is wet and dry, and therefore the tree by right is mine: but forasmuch as your words are of great force and mine also, my counsel is, that we be judged by reason: for it is not good nor commendable that strife or dissension should be among us. Here beside dwelleth a king full of reason, therefore to avoid strife let us go to him, and each of us lay his right before him; and as he shall judge, let us stand to his judgment: then said his brethren thy counsel is good, wherefore they went all three unto the king of reason, and each of them severally sheweth forth his right unto him, as it is said before.

When the king had heard the titles, he rehearsed them all again severally: First, saying to the eldest son thus: You say (quoth the king) that your father gave you all that is under the earth and above the earth of the said tree. And to the second brother he bequeathed all that is great and small of that tree. And to the third brother he gave all that is wet and dry.