The following is from Frieda Funkhouser Wilson's book, FUNKHOUSER - A SWISS-AMERICAN GENEALOGY (1364-1978) Copyright date: 1978 (The following is presented with Frieda's permission)
Clewi Fankhauser, on the one hand, and his brother Hans Fankhauser, on the other, that have occurred. And indeed, the above named Clewi believes that he, as the younger son, according to current city and land law, has alone the rights to the property of his deceased father, Clewi Fankhauser, whose leased (from the monastery) holdings belong to both of them. He, therefore, wishes to give his brother money for his part of the inheritance and get him to leave. But Hans Fankhauser speaks against this. His father has (earlier), out of special love, persuaded him to leave another property that he then owned and come back to him in Fankhaus. He further stipulated in his will that no one is allowed to drive him from there. Rather, He (there is certainly enough land and earth for both of them) is permitted to keep not a small part for himself, not to mention that he has for a long time, with earnest industry and toil, worked on it.
After further words on both sides, which do not have to be recorded here, we have pleaded with the brothers to let their differences lie and to wait for our decision, which they agreed to. So have we, the aforementioned Abbot of Trub, as lessor of the properties in Fankhaus, and we, Rudolf of Erlach, overseer, Hartman Hofmann, Towncryer, both as friendly mediators and judges, after conscientious deliberations, have clarified and explained the facts of the case between them, as is now written point for point below:
(1) That Clewi Fankhauser, the younger, and Hans, his brother, wish to stay on the land and soil of the property in Fankhaus: (and so) that the brothers and their friends with no greater reason should not sin against one another, as is also suitable, thus should the same Hans divide the estate in Fankhaus, so fair and reasonable as it seems to him, and Clewi may then be the first to choose the part which pleases him.
(2) Also, they should help each other, on the part which falls to Hans, build a house with granary, cellar and loft. It should look just as good as the one which, until now, they have both occupied, and they should divide the work evenly. However, it is decided on a request of Clewi's that he can instead pay thirty gulden and contribute twenty day laborers with foremen.
(3) Since Clewi wants to take the part which already has a house on it, the following goods belong to his part:
-The meadows with the house and back of the the house, to the rear wolf-field, to that field where the cherry tree stands.
-From the cherry tree straight over the meadow to the place where the two (wayside?) shrines stand, beyond the Richen-field. Also he should occupy the house pasture on the shade-side next to the meadows, up to the Roren brook hollow, further over the meadows on the sun-side above to the water hollow by the beech trees and from there out to the right, up the mountain way. In the mountain pastures belong the following to this estate:
-the alpine stall, trough, and hill side. But the following alpine pastures belong to the other estate: the Schwesterboden, the Mettlen, the Napf, and the two Stalden.
(4) On the sun-side, Clewi and on the shade-side, Hans, should set up fences and look after them. Both should help the other with the fence mending, or else divide up the work.
(5) The tithe of the hay harvest should be given to the monastery, as has been customary. In May, both should mow the grass, dry it, and stack it. Alternatingly, each should once a year deliver the day labor and chickens as well as the land taxes which annually come to: 6 measures full 2 measures full-cream cheese, as well as 1 Pound, 4 Schillings and 3 hens. In addition, there belong 4 Schillings to pay for wine transport, a day's hay-cutting labor, two day's grain reaping, and two wagon loads of hay as the hay tithe, which have for ages been due the God's house of Trub from the Fankhaus estate. Of these should Clewi, or his heirs, or Hans and his heirs, yearly without loss to the monastery of Trub, pay half of it sufficiently. Finally should they and their heirs render up the grain-tithe and the oat-tithe.
(6) For the right of sub-letting on both estates will be taxed 12 Bernese Pounds and not more.
By these explained tributes, we, the aforenamed Abbot of Trub, and our house of God's eternal descendants, for the aforesaid Fankhausers and their heirs and descendants without increases, reduction, or additions-as is the cases with our other monasterial estates-wish to stay.
(7) It is also agreed that the aforenamed brothers and their heirs and descendants should give to each other his required water-rights.
(8) The rear estate is not required to permit passage and access for the other, because this should occur out of good will. However, the front estate is obliged to guarantee passage and access as is needed by the other, as has been obligatory for ages under our monastery estate laws.
So herewith should both parts with this division and clarification be now and forever thankful and to each other now and for eternity good willed, which they also in our hand have praised and promised to do for themselves and their heirs, in good faith and in keeping with this letter and document. Therefore, we, the aforenamed, Petrus von Graben, Abbot of Trub, as lord and lessor of Fankhaus, since this distribution as evidence of our favor has taken place, do let our seal hand under this document, so that with the aforementioned tribute to us and our house of God and its eternal descendants righteousness and glory come to pass, as has been from age old until now customary. And for even greater security, we, the convent community of the house of God of Trub, since this business has taken place with our favor and according to our will, wherewith we want to let it stay for us and for the descendants of our convent, let the seal of our convent hang on this document also.
However, I, the aforementioned, Rudolf of Erlach, former Lord Mayor of Bern, and overseer of the oftmentioned house of God of Trub, have let my seal hang on this document as judge for me and the above mentioned Hartmann Hofmann, my colleague, nevertheless without obligation for me or my heirs.
Posted and done on Monday before Mayday, as one from the birth of Christ, our loving Lord, counts fourteen hundred ninety and five years.
NB: The original document with the seals is found in private ownership in Bern, (Chr. Rubi)
___________________________________________________________________________