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This Page is the Joint Project of Judy Adams [Australia] & Colin Scard [UK] PART 1 - The Document and its Transcription [below].
PART 2 - Extensions for this Family i.e. Parish Records etc. TRANSCRIPTION
Thomas Gather alias Sharde Inheritance Dispute - 1560 Complaint by Thomas Gather alias Sharde against William Gather, George Gather and Roger Fythfield Defendants: Dorset. Court of Chancery: Six Clerks Office: Pleadings, Series II Elizabeth I to Interregnum C 3/70/59 Gather, alias Sharde v. Gather: Dorset. The National Archives, Kew Date range: 1558 - 1579. Source: The Catalogue of The National Archives. Kew. Professionally Transcribed by Simon Neal UK Dating the Document - Simon adds; The signatures on the Replication are Hippesley/Hippisley and Walrond. On the Bill it is Hippisley. The Rejoinder has ?Rythe and ?Gossiche, but on the dorse there are faint words in Latin: 'Fourth part of the second year of Queen Elizabeth.' This would probably date of this document as 1560. PLEASE CHOOSE
SIMPLE ENGLISH TRANSCRIPTION by J.S. Adams following the Original Transcription of Simon Neal
INFORMATION RELATING TO PERSONS MENTIONED by J. Adams
ORIGINAL TRANSCRIPTION By Simon Neal PAGE 1 of 4
The Replication of Thomas Gather alias Sharde complainant to the answer of William Gather, George Gather and Roger Fythfyld defendants. The said complainant for replication says that the said bill of complaint is certain true and sufficient in truth to be answered unto. And further do aver and maintain all and every thing, matter, clause and sentence material in the said bill of complaint specified to be good and just and true in manner and form as in the said bill of complaint is declared and set forth without that, that the said William Gather is [?] be yet lawfully ceased in his demand as of fee of and in the lands and tenements in variance for that the said William after the death of his said father mentioned in the said bill did execute an estate to the said complainant and came to the possession on thereof again after the same estate executed in such manner and form as in the, as in the said bill of complaint is truly set forth. And without that, that the said complainant if any malicious intent or purpose in the feast of St. Michaelmas last, did enter into the mansion house of the premises with any forcible manner or did put or throw out the goods of the said William Gather in such manner and form as in the said answer is supposed, but the said complainant says that the said defendant in deed has most cruelly and contrary to all brotherly charity and his own promise, kept the said complainant from possession of the premises even since Michaelmas last just past and has thrown out of the said mansion house the goods and stuff of the said complainant, which he has, as executor to his said father in such sort, as thereof is lost and spoiled. And without that, that the wife of the said William Gather sat in the door of the said mansion house when the said complainant entered, or that hit was the house of the defendant, or that the said complainant with any force, or otherwise take from the wife of the said William Gather the key of the door of the said mansion house, or that hit were any thing hurtful to the complainant, if so he did for, that the house was his own and that it is material if the said complainant did keep the said William out of the said house for the causes aforesaid. And without that, the said George Gather and Feyghfelde did name any other request to the said complainant for the giving up of the possession of the said mansion house, then in the said bill, is set forth or that there communication on was that, that the matter should be put in arbitrament to fower persons where of two to be named by the complainant and the other two by the defendant and that the fower so to be chosen should end their rights or that the said George and Fyghfeld did promise that if they did judge the right of the complainant that then he should have the possession thereof again for the said George and Fyghfeld did faithfully promise to bind themselves to the said complainant in such sort and form as in the said bill is supposed. Without that, that the said parties required the said complainant to nominate two for him to be arbitrators or that if he did that [yt] [ys] any thing hurtful to the said complainant if he did deny the same. And without that, that any other thing or things material or effectual contained in the said answer and in this replication not sufficiently replied unto, traversed, confessed or avoided is true. All which matter this complaint will aver and prove as this honorable Court shall award and pray as in this said bill be prayed. |
PAGE 2 of 4
To the Right Honorable Sir Nicholas Bacon, Knight, Lord Keeper of the Great Seal of England. In the most humble wise, show [you] and complain to your Most Honorable Good Lordship, your humble and daily orator, Thomas Gather alias Sharde, that whereas one Thomas Gather, father to your said orator, in his lifetime was lawfully ceased or seized in his demeane as of fee of, and in one tenement, one backside and of one garden place within the Parish of Saint James in Shaston [Shaftesbury] in the County of Dorset and so the said Thomas, the father being thereof ceased by word of mouth, gave the same to your said orator and his heirs forever which was not executed by any leverie [or lever] according to the same words, after which time the said Thomas the father died thereof ceased or seized. And one William Gather, elder brother to your said orator entered into the premises and was thereof ceased or seized in his demean or demand as of fee and so being thereof ceased or seized conveyed the same to your said orator and to his heirs according as their said father meant to have executed, the same before by force whereof your said orator was thereof lawfully seased in his demean as of fee accordingly and so continued his possession and season of until William Gather sought means how to wind your said orator said orator out of the possession of the premises. Again, which your said orator could not be brought unto until George Gather alias Sharde and Roger Fyghfeild of Saint James aforesaid entreated your said orator [me] to suffer the William his brother to enter into the possession of the premises quietly for certain purposes which should not be prejudicial me and that William should yield up the possession of the premises to me within eight days following his entry and if William did not yield the possession accordingly as they had promised, that then they would give to me tenth [xli]. So it is, Right Honorable Lord that upon the promise by George Gather and Roger Fyghfeilde, that I yielded the possession of the premises to William and after the 8 days following [the possession] of William, that I would acquire the possession of the premises of William to be yielded to me according to the promise as was made to me upon my granting that William should enter and that William, George and Roger Fyghfeilde, then not regarding their promise would not suffer me to have possession [of the premises] but by their subtle consultations kept me from the [premises] is not able to maintain a long Suit [as in 'long Lawsuit'] for so small a thin at the Common Law and also George Gather and Fyghfeilde are the Chief Witnesses for the Title of myself and will not by any means be brought to testify for me in any Trial by the Common Law and yet upon their oaths, upon their answer, will declare the truth. And also for as much as I have no remedy by the Common Law for the recovery of the [xli?] promised by George Gather and Fyghfeilde if the possession were not delivered to me according to their promise, as it was not whereby I am now driven to traverse the Law being out of possession, where if he had been in possession he should not have been disquieted. In tender consideration on whereof, it may please your Honorable Good Lordship to grant the Queens Majesties gracious Writ of Subpoena to be directed to William Gather, George Gather and Roger Fyghfeild and to every of them commanding them and every of them at a certain day and upon a certain pain in the same, to be limited personally to appear before your Honorable Lordship, then and there to answer unto the premises and further to stand to and abide such Order and Direction as to your Good Lordship shall seem most meet and convenient. And I shall daily pray unto Almighty God for your Good Lordship in Honour long, to continue. |
Page 3 of 4
The Answer of William Gather, George Gather and Roger Fyghfield to the Bill of Complaint of Thomas Gather alias Sharde. The said William Gather, George Gather and Roger Fyghfield by protestation, not knowledge nor confession, any effectual matter or thing contained in the Bill of Complaint to be true and that advantage of the insufficiency of the Bill of Complaint to them and all of them, always saved they for answer say, that Thomas Gather the father named in the Bill of Complaint was lawfully seased in his demene as of fee of and in the premises in the Bill of Complaint mentioned and these issues and profits thereof coming by all his life time did perceive levy and take to his own proper use, as lawful was from him to do. And he so being thereof seased, died thereof of such Estate seased. By and after whose death the said premises discended and came to William Gather as son and heir of the said Thomas Gather, the father, by force whereof of William Gather was and yet lawfully seased in his demayne as of fee and continued in peaceable quiet, possession of the same by the space of one quarter of a year next after the death of his father and he so being in his lawful and quiet possession, the Complainant of his malicious intent and forward disposition on the feast of St. Michael last, past the wife of William Gather sitting at the door of the mansion house of William in peaceable manner, violently and in forcible manner took the key of the Hall Door from her and opened the door and forcibly entered into the premises into the premises in the Bill of Complaint mentioned and kept out, and would not suffer William Gather and his wife nor any of them to come into their said house to have their lodging and the custody of their goods as they by the Law of this Realm ought to have. But unnaturally kept them out until George Gather and Roger Fyghfield, two other of the said defendants, came unto the said complainant and request him, as well for concerns sake as also for rumours and pity, that they bare unto the wife of William and to their children, that he would deliver unto the said William the keys of the door that he might have and possess again, as well, the said premises as also his goods and household stuff. And George Gather and Roger Fythfield further desired the complainant [Thomas] that as well as himself and also William Gather should put the order and determination of both their Rights and Titles of and in the Premises to four honest men whereof two should be chosen by [Thomas] and the other two by William and that the said men to end and determine their Rights. And if they did judge that Thomas had better Right to the Premises then William, George and Roger at the time offered by themselves, to be bound to Thomas by word of mouth in ten pounds that William should avoid possession again and there unto Thomas agreed. And after William chose and nominated two men for his part according to the mocyon [agreement] made by the said Gather and Roger Fythfield and willed that Thomas to choose and elect another two which to do he refused, whereupon William continued his possession in the premises lawful was him to do without that. That Thomas Gather the father, gave the same Premises by Word of Mouth unto Thomas [the younger] or that William Gather after his father's death conveyed the same Premises to Thomas and to his heirs for ever according as their said father's meaning in manner and form as in the said Bill of Complaint, is most untruly alleged. Or that Thomas by force of any syche convenience was thereof lawfully seased in his demene as of fee accordingly, or so continued his possession and season in Manner and Form as in the said Bill of Complaint is untruely surmised and alleged. Or that George Gather and Roger Fythfield entreated Thomas that William, his brother, might enter into the possession of the Premises for any other cause or consideration, then in this answere is before alleged. Or they or any of them promised the Complainant [Thomas] that William should yield up the possession of the premises to him within fourteen days next after, he should be there unto required in Manner and Form as in the said Bill of Complaint, also untruly surmised. Or that if the said William did not yield up the Possession thereof according as they had promised, that then they would give to the Complainant ten pounds in Manner and Form as in the said Bill of Complaint is also surmised and alleged. Or that they or any of them made any other promise unto the Complainant, then in this answere is before alleged. And without that, that any other matter or thing in the Bill of Complaint contained material to be answered unto and in this answer not sufficiently answered unto, denied, traversed, confessed and avoided is true. All which matter the said Defendants redye to aver as this Honorable Court shall award and pray to be dismissed of the same with their reasonable costs, charges and expenses by them wrongfully sustained in this behalf. |
PAGE 4 of 4
The Rejoiner of William Gather and Roger Fighfield Defendant to the Replication of Thomas Gather Complainant. The said Defendants say and every of them say in all and every thing as they in their said answer before, have said and do aver all and everything therein contained to be true in Manner and Forme as they have alleged, withought that, that William Gather, after the decease of his father did execute any Estate of the Tenements in the said Bill and answer mentioned to the said Bill and answer mentioned to the Complainant in manner and form as the Complainant in his Bill of Complaint and Replication untruly has alleged. And without that, that any other matter or thing in the Replication alleged material or worthy to be replied unto is true in manner and form as the Complainant in the same Replication on untruly hath alleged. All which matter the said Defendant being ready to aver and prove as this Honorable Court shall Award and pray as they in their said answer have prayed. |
FURTHER INFORMATION
ST. MICHAELMAS: [aka Feast of St. Michael] - was held on the 29th September. FOWER: = four. A generic Term of the Era: Four men; two selected by each of two. OUTCOME OF DISPUTE: - Unknown. Although the outcome of the suit is not known, certainly Thomas had a great asset in the brilliant young lawyer representing him. See Below: John Hippisley. GATER ALIAS SCHERDE: There were many entries under the dual name Scharde alias Gater and vice versa in the Parish Records at Shaftesbury during & following this period. The use of the dual name is unknown but it is considered to have been an esteemed possibly maternal family name. Details relating to this family can be found at this site: |
ORIGINAL TRANSCRIPTION By Simon Neal PAGE 1 [The lines of text on the Pages are numbered - Transcription was taken from the Original Document]
The replicac[i]on of Thomas Gather alias Sharde complan[a]nte to the awnswer of Will[ia]m Gather George Gather and Roger Fythfyld deffendaunttes
1. The said compl[ainant] for replicac[i]on saith that the saied bill of compl[aint] is certen trewe and sufficient in the t[ruth] to be aunswered unto And further doth averre and mayntayne all 2. and everie thing matter clause and sentence materiall in the saied bill of compl[aint] specified to be good just and trewe in manner and forme as in the saied bill of complainte is 3. declared and set furth without that that the saied Will[ia]m Gather is … be yet laufullie seased in his demeane as of fee of and in the landes and tenem[en]tes in varyaunce for 4. that the saied Will[ia]m after the death of his saied father menc[i]o[n]ed in the saied bill dyd execute an estate to the saied compl[ainant] and came to the possess[i]on therof againe after 5. the same estate executed in such manner and forme as in the saied bill of compl[aint] is trewlye set furth And without that that the saied compl[ainant] if anie malycyous entent 6. or purpose in the feast of Sainct Michell tharchaungell last dyd enter into the mansion howse of the premisses with anye forcyble manner or dyd put or throwe out 7. the goodes of the saied Will[ia]m Gather in such manner and forme as in the saied answer is supposed but the saied compl[ainant] saith that the saied deffend[ant] in dede hath moste 8. crewellye and contrarie to all brotherhedde charytye and his owne promise kept the saied compl[ainant] frome the possess[i]on of the premisses ever sethens Mychelmas last paste 9. and hath throwen out of the saied mansion howse the goodes and stuffe of the saied compl[ainant] wiche he hathe as executor to his saied father in suche sorte as a great parte 10. therof is loste and spoyled And without that that the wiffe of the saied Will[ia]m Gather sate in the dore of the saied mansion howse when the saied compl[ainant] entered or 11. that hit was the howse of the deffend[ant] or that the saied compl[ainant] with anie force or otherwise toke frome the wiffe of the saied Will[ia]m Gather the keye of the … 12. dore of the saied mansion howse or that hit were anye thinge hurtfull to the compl[ainant] if so he did for that the howse was his owne or that it is materiall if the 13. saied compl[ainant] dyd kepe the saied Will[ia]m out of the saied howse for the causes aforsaied And without that that the saied George Gather and Feyghfelde dyd make 14. anye other request to the saied compl[ainant] for the geving upp of the possess[i]on of the saied mansion howse then in the saied bill is set furth or that ther com[m]unicac[i]on 15. was that that the matter sholde be put in arbytrement to fower persons wherof twoo to be named by the compl[ainant] and other twoo by the deffend[ant] And that the fower 16. so to be chosen shold ende their rightes or that the saied George and Fyghfeld dyd promise that if they did judge the right of the pl[ainant] that then he shold 17. have the possess[i]on therof againe for the saied George and Fyghfeld dyd faiethfullye promise to bynde themselfes to the saied compl[ainant] in such sorte and forme as in 18. the saied bill is supposed without that that the saied partyes required the saied compl[ainant] to nomynate two for him to be arbitrators or that if he dyd 19. that yt ys anye thinge hurtfull to the saied compl[ainant] if he dyd denye the same And without that that anye other thinge or thinges matteriall or 20. effectual conteyned in the saied awnswer and in this replicac[i]on not suffycyentlye replyed unto traversed confessed or avoyded is trewe All wiche 21. matters this compl[ainant] will averre and prove as this honourable courte shall awarde and praieth as in his saied bill be praied
Transcription by Simon Neal
PAGE 2
To the Right Honorable S[ir] Nich[ol]as Bakon knight Lorde keeper of the greate seale of England
1. In most humble wise shewith and compl[aineth] unto yo[ur] most honorable good lordshippe yo[ur] humble and daylie orator Thom[a]s Gather alias Sharde 2. that wheras one Thom[a]s Gather father to yo[ur] saied orator in his lyffe tyme was lawfullie seased in his demeane as of fee of and 3. in one ten[em]ent one backeside and of one garden place w[i]thin the p[ar]ishe of Sainte James in Shafton in the countie of Dors[et] and so the 4. saied Thom[a]s the father being therof seased by worde of mouthe gave the same to yo[ur] saied orator and to his heiers for ev[er] 5. w[hi]ch was not executed by any leverie according to the same wordes aft[er] w[hi]ch tyme the saied Thom[a]s the father died therof 6. seased And one Will[ia]m Gather elder brother to yo[ur] saied orator enterid into the p[re]misses and was therof seased in his demeane as of fee 7. and so being therof seased conveyed the same to yo[ur] saied orator and to his heiers according 8. as ther saied father ment to have executed the same before by force wherof yo[ur] saied orator was therof lawfullie seased in his demeane as of 9. fee accordinglie and so contynewed his possession and season of untill the saied Will[ia]m Gather sought meanes howe to wynde yo[ur] 10. saied orator out of the poss[ession] of the p[re]misses againe w[hi]ch yo[ur] saied orator coulde not be brought unto untill George Gather alias 11. Sharde and Roger Fyghfeild of Sainte James aforsaied entreated yo[ur] saied orator to suffer the saied Will[ia]m his brother to enter 12. into the possession of the p[re]misses quietlie for certaine purposes w[hi]ch shoulde not be prejudiciall to yo[ur] saied orator and that the 13. saied Will[ia]m shoulde yelde uppe the possession of the p[re]misses to yo[ur] saied orator w[i]thin xiiij dayes next following his entrie and 14. if the saied Will[ia]m did not yelde uppe the poss[ession] therof accordinglie as thei hadd p[ro]mised that then thei wolde geve to yo[ur] saied 15. orator xli so hit is right honorable lorde that uppon the saied promise by the saied George Gather and Roger Fyghfeilde yo[ur] 16. saied orator yelded the poss[ession] of the p[re]misses to the saied Will[ia]m and aft[er] the saied xiiij dayes next aft[er] the … of the saied Will[ia]m 17. yo[ur] saied orator aquired the poss[ession] of the p[re]misses of the saied Will[ia]m to be yelded to yo[ur] saied orator according to suche promise as 18. was made to hym uppon the graunting that the saied Will[ia]m shoulde enter and the saied Will[ia]m George and Roger Fyghfeilde 19. not regarding ther saied former promise wolde not suffer yo[ur] saied orator to have the poss[ession] therof but by ther subtle consultac[i]ons 20. kepe yo[ur] saied orator frome the same and for as muche as yo[ur] saied orator is not able to maynteine longe sewte for so smale 21. a thing at the comon lawe and also the saied George Gather and Fyghfeilde are the cheifest wyttnesses for the tytle of yo[ur] 22. saied orator and will not by any meanes be brought to testifie for yo[ur] saied orator in any tryall by the comon lawe and yet 23. uppon ther othes uppon ther answere will declare the trothe And also for as muche as yo[ur] saied orator hathe no remedie by the 24. comon lawe for the recoverie of the saied xli promised by the saied George Gather and Fyghfeilde if the possession were not 25. delivered to yo[ur] saied orator according to ther promise as it was not wherby yo[ur] saied orator is nowe dreven to traverse the lawe 26. being out of poss[ession] wher if he hadd bene in poss[ession] he should not have bene disquieted In tender considerac[i]on wherof it maye please 27. yo[ur] honorable good lordshippe to graunte the Quenes Ma[jes]ties gracious writt of subpena to be directed to the saied Will[ia]m 28. Gather George Gather and Roger Fyghfeild and to everie of them comaunding them and everie of them therby at a certaine 29. daye and uppon a certaine paine in the same to be lymyted p[er]sonallie to appere before yo[ur] honorable lordshippe then and ther 30. to answere unto the p[re]misses and further to stand to and abide suche order and direction as to yo[ur] good lordshippe shall seme 31. most mete and convenyent And yo[ur] saied orator shall daylie praye unto allmightie god for yo[ur] good lordshippe in honour 32. longe to contynew
Transcription by Simon Neal
PAGE 3
The answere of Wylliam Gather George Gather and Roger Fyghfyld to the bill of complaynt of Thomas Gather al[ia]s Sharde
1. The said William Gather George Gather and Roger Fyghfyld by p[ro]testacion not knowenge ne co[n]fessynge any effectuall mater or thinge contayned in the said bill 2. of complaynte to be trewe and thadv[a]ntage of the insufficiencye of the same bill of complaynte to them and ev[er]y of them alwayes saved they for answere 3. saye and ev[er]y of them for answere sayth that Thomas Gather the father named in the sayd byll of complaynt was lawfully seased in his demene as of 4. fee of and in the p[re]misses in the byll of complaynt mencioned and thissues and p[ro]fyttes therof comynge by all his lyff tyme dyd p[er]ceve levye and take to 5. his awne p[ro]per use as lawfull was for him to doo And he soo beynge therof seased dyed therof of syche estate seased By and after whose deth the sayd 6. p[re]mysses discendyd and came to the foresaid Willyam Gather one of the said defend[ants] as sonne and heire of the said Thomas Gather the father by 7. force wherof the sayd Willyam Gather was and yet ys therof lawfully seased in his demayne as of fee and co[n]tynued in peasabell and quyett possession of 8. the same by the space of one quarter of a yere nexte after the deth of his sayd father and he soo beynge in his lawfull and quyett possessyon the 9. sayd compl[ainant] of his malicyous intent and froward dysp[osici]on in the feast of St Michaell tharchangell last past the wyff of the same Wyllyam 10. Gather syttynge at the dore of the mansyon howse of the said Wyllyam in peseabell maner vyolently and in forcyble man[er] toke the keye of the hal dore from 11. her and opened the dore and forcyble entred into the p[re]misses in the bill of compl[aint] mencioned and kepte oute and [w]olde not suffer the sayd Wyllyam Gather 12. and his sayd wyff ne any of them to come into ther sayd howse to have ther lodgynge and the custodye of ther goods as they by the lawe of 13. this realme owght to have But unnaturally kepte them oute untyll the sayd George Gather and Roger Fyghfyld too other of the said defend[ants] 14. came unto the sayd compl[ainant] and requested hym as well for consyens sake as also for remors and pyty that they bare unto the wyff of the sayd 15. Willyam one of the defend[ants] and to ther children that he [w]olde delyv[er] unto the sayd Wyllyam the keye of the dore that he myght have and 16. possesse agayne as well the said p[re]misses as also his goods and housholde stuff And the said George Gather and Roger Fythfyld farder desyred the 17. sayd compl[ainant] that as well the sayd compl[ainant] as also the sayd Wyllyam Gather showlde putt thorder and determynacyon of both ther ryghtes in tytelles 18. of and in the p[re]misses to iiijor honest men wherof ijo sholde be chosen by the sayd compl[ainant] and the other too by the sayd Willyam one of the said defend[ants] and the sayd 19. iiijor men to end and determyne ther rightes And if they dyd judge that the sayd compl[ainant] hadd better right to the premisses then the sayd Willyam one of the 20. sayd defend[ants] the said George Gather and Roger Fythfyld at that tyme offered them selves to be bounde to the sayd compl[ainant] by worde of mouth in ten 21. pounds that the said Willyam shulde avoyde his possessyon agayne and therunto the said compl[ainant] agred and after that the said Willyam chose and nomynated 22. ijo men for his p[ar]te accordynge to the mocyon made by the sayd Gather and Rog[er] Fythfyld and wylled the sayd compl[ainant] to chouse and electe other too w[hi]ch to doo he 23. refused wheruppon the sayd Willyam one of the defend[ants] contynued his possessyon in the p[re]mysses as lawfull was for him to doo w[i]t[h]oute that that 24. Thomas Gather the father gave the same p[re]mysses by worde of mowth unto the sayd compl[ainant] or that the said Willyam Gather one of the sayd defend[ants] 25. after his fathers deth conveyed the same p[re]mysses to the sayd compl[ainant] and to his heires for ev[er] accordynge as ther said fathers meanynge in man[er] and forme 26. as in the sayd bill of compl[aint] is most untruly alleged Or that the sayd compl[ainant] by force of any syche conveance was therof lawfully seased in 27. his demene as of fee acordyngly or soo contynewed his possessyon and seasen in man[er] and forme as in the sayd bill of compl[aint] is untrewly surmysed 28. and alleged Or that the said George Gather and Rog[er] Fythfyld entreated the sayd compl[ainant] that the said Willia[m] his brother myght ent[er] into the 29. possession of the p[re]mysses for any other cause or consyderac[i]on then in this answer is before alleged Or they or any of them p[ro]mysed the sayd 30. compl[ainant] that the said Wyllya[m] shulde yeld up the possessyon of the p[re]mysses to the sayd compl[ainant] w[i]t[h]in foretene dayes nexte after he shulde be 31. therunto required in man[er] and forme as in the sayd bill of compl[aint] ys also untruly surmysed or that if the sayd Wyll[ia]m dyd not yeld 32. upp the possessyon therof acordynge as they had promysed that then they [w]olde geve to the sayd compl[ainant] tene poundes in man[er] and forme 33. as in the sayd bill of compl[aint] is also s[ur]mysed and alleged Or that they or any of them made any other p[ro]myse unto the sayd compl[ainant] 34. then in this answere is before alleged And w[i]thoute that that any other matter or thinge in the sayd byll of compl[aint] contayned 35. materyall to be answered unto and in this answere not suffycently answered unto denyed t[ra]v[er]sed co[n]fessed and avoyded is trewe All 36. w[hi]ch matt[er] the sayd defend[ants] ar redye to avare as this honerable courte shall award and prayeth to be dysmyssed of the same 37. w[i]t[h] ther reasonable costes charges and exspences by them wrongfully sustayned in this behalf
Transcription by Simon Neal
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The rejoynder of Will[ia]m Gather and Roger Fighfeld defend[ant] to the replacac[i]on of Thomas Gather compl[ainant]
1. The said defendauntes sayen and every of them saythe in all and every thing as they in ther 2. said answere before have said and do averre all and every thing therin conteyned to be trewe 3. in maner and forme as they have alleged w[i]t[h]out that that the said Will[ia]m Gather after the discese 4. of his said father did execute eny estate of the ten[emen]tes in … in the said bill and answere 5. mencyoned to the said compl[ainant] in maner and forme as the said compl[ainant] in his said bill of compl[aint] 6. and replicac[i]on untrewly hathe alleged And w[i]t[h]out that that eny other matter or thing in 7. the said replicac[i]on alleged materyall or worthey to be replyed unto is trew in maner and forme 8. as the said compl[ainant] in the same replicac[i]on untrewly hathe alleged All w[hi]ch matters the said def[endant] 9. byn redy to averr and p[ro]ve as this honorable court shall award and prayen as they 10. in ther said answer have prayed