ee. It fortuned after on a day that he gave
battle 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 spent 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 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 dissens
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