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: The Scherde family. 
                         Alternatively a full list of Parish records in both & dual names can be found in the  Scard & Variants Timeline
THOMAS GATER ALIAS SCHERDE - Plaintiff;
                         Nothing has been found in the Parish Records for Thomas Gater alias Scherde during this period.
                         One tenuous thread is the burial Thomas Gater 22nd March 1577, it is unknown if this is relevant.    
WILLIAM GATER - Defendant;
                          Nothing has been found in the Parish Records for William Gater during this period.
GEORGE GATER - Defendant; 
                          George Gater was possibly the same George Gater alias Sharde who married Agnus Herbert on the 19th May 1564 
                          He may have been the same George Gater alias Sharde buried eight years later on the 8th January, 1572 [OPC] 
                          His wife Agnus appears to have survived him by 18yrs  buried 4th February 1590.
ROGER FYGHFIELD - [aka 'Fifheld'] - Defendant; 
                          There were Family Members by this name in North Dorset during this period in Parish Records & 
                           the Dorset Lay Subsidy Rolls.His relationship to the Gater or Scherde Families is unknown. 
JOHN HIPPISLEY [1530-1570]:   Lawyer of Thomas Gather alias Sharde;
                           John Hippisley was a brilliant young lawyer and well documented. John Hippisley would have been 36yrs old
                           at the date of this Document. 
                           He was born in Ston Easton  in 1530. His father used some of his new wealth to have John educated in Law. 
                           John became a senior lawyer at the "Mydle" Temple in London and was described by Dr. Hubert Hall in his social
                           study "Society in the Elizabethan Age"as "perhaps the most successful country practitioner of his time". 
                           In 1564 John Hippisley II obtained a Coat of Arms.  
                           John's brilliant career was cut short when he died on 12th August 1570 aged just 40. 
                           He was buried in Cameley nine days later and was succeeded by his son, John Hippisley III.
SIR NICHOLAS BACON [1509–1579] 
          Sir Nicholas Bacon was an English politician during the reign of Queen Elizabeth I of England, notable as  Lord Keeper of the 
          Great Seal and as the father of philosopher/statesman Sir Francis Bacon.
          He was born at Chislehurst, Kent, the second son of Robert Bacon [1479-1548] of Drinkstone, Suffolk. He graduated from 
          Cambridge in 1527 and, after a period in Paris, he entered Gray's Inn, being called to the bar in 1533. Following the Dissolution
          of the Monasteries, he profited by acquiring some of their property.  In 1545 he became a Member of Parliament, representing
          Dartmouth. The following year, he was made Attorney of the Court of Wards and Liveries, a prestigious and lucrative post,
          and by 1552 he had risen to become  treasurer of Gray's Inn. As a Protestant, he lost preferment under Queen Mary I of 
          England. However, on the accession of her younger sister, Elizabeth in 1558 he was appointed Lord Keeper of the Great Seal,
          largely owing to the influence of his brother-in-law William Cecil. Shortly afterwards, Bacon was knighted. 
          He died in London 20th February 1579 and was buried in St. Paul's Cathedral, his death calling forth many tributes to his 
          memory. He had been an eloquent speaker, a learned lawyer, a generous friend; and his interest in education led him to make 
          several gifts and bequests for educational purposes, including the  foundation of a free grammar school at Redgrave.  
          [Source: Wikipedia]
                                                                                        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 
                                                                                                          Page 4  
     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