1387-10-23, Westminster

Robert Tresilian justice appointed to hold pleas before the king. upon petition of the plaintiffs, to proceed to rendering of judgin a plea between John Kaynes, Walter Widecombe, William clerk, Thomas Fromond clerk and William Badecok (Badekoke) and William Geddynge the king's serjeant, the king's letters to the defendant and any allegations hereinafter mentioned ; as lately it was found by inquisition, taken by Pokeswelle late escheator in Somerset, that John Kaylle at his held a messuage, 80 acres of land and 1 acre of meadow in Durevylle in chief by the service of 10d. yearly payable sheriff's hands, a moiety of the manor of Cuddeworth, a messuage, acres of land and 1 acre of meadow in Sevenhampton Vaus, one of land in Welterescombe, a tenement in Clyve, 20 acres in Avenelesighe, 1 acre of land in Dynyton, one carucate in Charleton Makerell, a messuage and 20 acres of land in Adam of others than the king, and 4s. of yearly rent in St. George and 5 acres of meadow there, of whom and by what unknown, that Thomas Kaylle his son, aged eight years and is his next heir, that long before his death he made a feoffment simple to the plaintiffs of all the premises, except those in Durevylle which are held in chief, under a condition that should make again a feoffment to the said John and Elizabeth and to the heirs of their bodies, with remainder to the said 7530, OR 23 John Kaynes, that they never made such feoffment, and that the deceased continued his seisin, taking the issues of the premises until his death ; and at the petition of the said feoffees, shewing that deceased gave the premises with the exception aforesaid to them, their heirs and assigns, and that they were in possession thereof until unlawfully thrust out by colour of the said inquisition and of the said letters patent, whereby the king committed the wardship thereof to the defendant, without that that the deceased at his death had any estate therein save as their tenant at will, and praying restitution, the king ordered the sheriff to give the defendant notice to be in chancery at a set day now past, in order to shew cause, for the king or himself, wherefore the said commission ought not to be revoked, and the premises not held of the king ought not to be taken again into the king's hand and livery given to the plaintiffs; and the defendant appeared by John Rolles his attorney, and alleged that he held the premises by the commission aforesaid, and without the king might not answer, craving the king's aid, and a day was given the parties in chancery in the octaves of St. Hilary then next, and the plaintiffs were told to sue meanwhile for licence to proceed in the cause if they thought fit, and at their suit by writ of privy seal the king commanded the then chancellor to proceed in that plea, the aid granted to the . defendant notwithstanding, so that he should not proceed to render judgment without advising the king, wherefore the defendant was told to make answer; and he said for the king and for himself that John Kaylle died seised of the premises as by the inquisition supposed, and this he offered to prove by the country, and the plaintiffs said that John Kaille made the said feoffment to them by charter produced, dated Kuddeworth Friday the feast of St. Luke 5 Richard II, by virtue whereof they were seised until thrust out as aforesaid, without that etc. (as before), and the defendant craved that inquisition should be made by the country, and the plaintiffs likewise, wherefore a day was given the parties before the king in the quinzaine of Easter then next ; and process being continued the jurors of the inquisition whereupon the parties put themselves said upon oath that John Kaille was not so seised of a moiety of the manor of Cuddeworth and of the premises in Sevenhampton Vaus, Walterescombe, Clyve, Avenelesheygh, Dynyton, Charleton Makerell, Charleton Adam and Henton _ St. George, but made a feoffment to the plaintiffs as they alleged ; and now they have prayed for judgment, shewing that the verdict is proof sufficient for their right.