The maydens say nay thereto / but that it
was theyr fathers mynde that they shulde
haue euery of theym an .C. shepe / suche as
they that be the doughters wyll.
¶ The handelyng of doutfull wrytyng is
to shew yf it be possible that it is nat wrytē
doutfully by cause it is the comon maner to
take it after as we saye / & that it may sone
be knowen by suche wordes as partely go
before that clause & p[ar]tly folow / & that there
be few wordes / but if they be considered so
alone / they may anon be taken doubtfully.
And first we shal shew if we can yt it is nat
doubtfully wryten / for there is no reasona[-]
ble mā: but he wyll take it as we say. Thā
shal we declare by that that goeth afore / &
foloweth / that it is clerly euin as we say / &
that yf we consider the wordes of thē selfe
they wyll seme to be of ambiguity / but se-
ynge they may by the rest of the wrytynge
be euident ynough / they ought nat to be ta[-]
ken as doubtfull. And than shew that yf it
had ben his minde that made the writyng
to haue it taken as the aduersarye sayeth:
he neded nat to haue wrytē any suche wor[-]
des. As in the example now put / the may-
dens may say that yf it had ben theyr fa-
thers mynde that the executours shoulde
haue delyuered suche shepe as it had plea-
sed them to delyuer: he neded nat to haue
added these wordes suche as they wyll. For
yf they had nat ben put / it wolde nat haue
ben dought but that the executours dely-
uerynge euery of them an hundred shepe
(what so euer they were) had fulfylled the
wyll / and coulde haue ben no further com-
pelled / wherfore if his mynde was as they
say / it was a great folye to put in tho wor-
des whiche made a playne mater to be vn-
plaine. And than finally shew it is more ho[-]
nest and conuenient to expounde it as we
say: than as our aduersaries do.
¶ Raciocinacion is whan the mater is in
controuersy / wherupon no law is decreed /
but yet the iugement therof may be foūde
out by lawes made vpon maters somdele
resemblynge thereunto.
¶ As in Rome was this law made / that
yf any persone were distraught / his posses-
sions and goodes shulde come to the han-
des of his next kynne.
¶ And an other law / what any househol-
der doth ordeyn & make as concernyng his
householde and other goodes / it is appro-
bate and confirmed by the law.
¶ And an other law / if any housholder dye
intestate / his money & other goodes shal re[-]
mayne to his next kyn. ¶ It chaūced one
to kyll his owne mother / wherupō he was
taken & cōdēpned to deth / but while he lay
in pryson / certayn of his familiare frendes
cam thyder to hym / & brought with them
a clerke to wryte his testament / whiche he
there made / & made suche executours as it
pleased hym. After his deth his kynnesmē
chalenge his good[e]s / his executours say thē
nay / wherupō ariseth cōtrouersy afore the
iustice. ¶ There is no law made vpon this
case / whether he yt hath killed his mother
may make any testamēt or nat / but it may
be reasoned on bothe p[ar]ties by the lawes a-
boue reherced. The kynsmen shal allege ye
law made for thē yt be out of theyr mynd[e]s /
p[re]supposyng hym nat to be in moche other
case / or els he wold nat haue don the dede.
The contrary parte shall allege the other
law / & shew that it was none alienacion of
mynde: but som other cause yt moued hym
to it / & that he hathe had his punysshment
therfore / whiche he shulde nat haue suffred
of cōuenient if he had ben besyde him selfe.
¶ Translacion is whiche the lawyers call
excepcion / as yf the person accused pleade
that it is nat lawfull for the tother to ac-
cuse hym / or that the Iuge can be no iuge
in that cause. &c.
¶ The conclusion of the Author.
