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1306 - John le Petit accused of assault in Meath (1)

Record
Date 1306
Topic 1306 - John le Petit accused of assault in county Meath, Ireland
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Meath.

By Henrik Thiil Nielsen, 2013-09-06. Revised by Henrik Thiil Nielsen, 2018-07-28.

Record

[1306:]
Luke de Nettreuill, James, Thomas and William de Nettreuill complain that, when they were riding on the King's highway (regia strata) between the bridge of Kennagh and the manor of Nicholas de Nettreuill their father, on the feast of S. Bartholomew last, there came there Stephen de Exon', John le Petyt, Adam de Exon', and Ph. Burnel, with Ric. Hasard, Simon Bray and others unknown, and assaulted and wounded them, to their damage of 200 l.
     And likewise said Nicholas complains that when Adam son of Magowyeus, William son of Ineges, and Roger son of Lewryn, his hibernici, were in the company of said Luke and the others, on same day and place, Stephen and the others assaulted and wounded his hibernici, to his damage of 100l.
     Stephen, John, Adam and Philip defend. They did no trespass. But they acknowledge that whereas Doneghuth Orailly, a faithful man of Theobald de Verdun, had cattle feeding on lands of Theobald, Luke and the others, with horses equipped and a multitude of armed men, took the cattle and drove them almost to the borders of this county. And hue and cry having been raised Stephen and the others with men of peace of those parts, followed them and rescued the cattle from them, as it was lawful for them to do without any injury or trespass.. [sic.]
     Luke and the others say that Duneghuth, by his men, stole from Nicholas many of his cattle, and those of his betaghs. Nicholas sued in this county against him, who did not appear. And when by judgment of the county court, by his default, it proceeded to outlawry [p. 176:] against Doneghuth; he by his friends procured that the Justiciar, for good of the peace, suspended the execution of the outlawry, and made a commission to Ric. de Exon' and Thomas de Snyterby to hear and determine the trespass. Before whom Dunoghuth made fine with Nicholas, by 5 marks, for payment of which at a term assigned, as well Doneghuth as Gilpatrik McMahoun, under whom Doneghuth then resided, granted that they might be forced to give pledges (devadiarentur), by all modes by which they and their men could be, until satisfaction be made, except that the body of Gilpatrik be not taken. And because Doneghuth failed to make payment, Nicholas sent Luke and the others to take a pledge of Doneghuth. Who finding Doneghuth's cattle, took and had them driven away with them, as was lawful for them to do, according to the form of the composition; until Stephen and the others with a great force attacked them, as complained, and rescued the cattle. And they pray that this be enquired. And Stephen likewise. Therefore let the truth be enquired by the country.
     The Jurors say that a thief came to Nicholas' manor of Doueth, and there stole about 60 cows, and drove them to Doneghuth, who then was under the avowry of Gilpatrik McMahoun, a man of Theobald de Verdun. And Nicholas learning this, made suit against Doneghuth to whom the cows came, up to outlawry. And because it was related to the Justiciar that Doneghuth was wont to repress (gravare) the felons of his parts, for the good of the peace, the Justiciar assigned Ric. de Exon' etc. (as in the stament of Luke). And afterwards Nicholas to whom 20s. of the fine were in arrear, hearing that Doneghuth was in the land of Stephen, sent Luke and the others with horses equipped, to take a pledge for the debt. Who coming to Stephen's land found a shepherd keeping cows in his pasture, of whom they asked whose the cows were; who answered that they were Doneghuth's. And they took the cows and drove them to the manor of Nicholas, of Doueth. And when they were driven a little way from the shepherd, who for fear of them dared not before cry out, he raised hue and cry. On which Stephen, who was near, mounted his horse, without arms, and followed them. And when he came to them, he asked that they should deliver him the cattle, and he would undertake that there should be done to Nicholas as justice might require, for said cattle. And Luke answered that he could not do this without Nicholas his lord; and he asked him to come with him to his lord. And when Stephen saw that he gained nothing, but that he was answered by rough words, he returned, and came to the house of John Petyt, who would have gone out to the hue unarmed, but Stephen forbad him, because Luke and the others were well armed and on equipped horses. And so Stephen took part of John's arms, and so they armed themselves, and with the others named and their men, and others who came to the hue, followed Luke and the others, and approached them about the distance of a league from the manor of Nicholas. And they sent their footmen to go before the cows to lead them back. So that immediately there was a conflict between the footmen of Luke, who drove the cows, and them. Luke looking back rode towards them and struck one of the footmen who came with Stephen, with a spear, under the arm; so that the spear passed through the middle of the footman's tunic without wounding him. But one of his company, being his kinsman, thinking that he was struck through the body, went to Luke and struck him in the head on [p. 177:] his iron headpiece, so that the headpiece was thrown to the ground. And John le Petyt seeing this doubting lest greater evil should happen approached Luke, who so had his head uncovered, and laid hands on him to hold him. On which Luke drew a dagger (anelacium) to free himself, from John's hands. At which some of John's men came, and seeing Luke, with his dagger drawn, and John, struggling together, struck Luke with a spear in the arm and gave him a severe wound, which grieved John, who let him go as soon as he saw that he was wounded. And so the parties withdrew from one another, Stephen and John bringing home the cows with them, except four cows which remained in ditches near, of which two were so wearied by the driving and so weak from it, that they could scarcely be driven to the manor of Nicholas. And when Nicholas saw that they could not live, he had them killed and salted. He however liad them first valued, understanding that if they perished it would be to his damage, because they fell to him for part payment of the debt against Doneghugh. And the other two cows yet remain with Nicholas. And they say that in the conflict, James, Thomas, and William were struck, but none of them wounded except Luke. But certain of the footmen on each side were wounded.
     Afterwards in the quinzaine of S. Hilary, at Dublin, the parties come. And a day is given them at the three weeks of Easter.
     Afterwards at the month of Easter a. r. i. Edw. II, the King the father being dead, and the plea being resummoned at the suit of Luke &c., to wit, in the same state as it was at said three weeks of Easter and which afterwards by death of the King remained sine die; it is adjudged that Luke and the others recover against Stephen &c. their damages, taxed by the jury at 10 marks. And let Stephen and the others be taken. And Stephen was attached by Will. Beaufiz and John Beaufiz. And Philip, by Adam Belejaumbe, and Ric. Bernard, who now have them not; therefore they in mercy. And this judgment is made against Stephen and the others, by their default after the Sheriff was commanded to make them come.
     Afterwards Stephen, John, Philip, and Adam made fine by 40s. before W. de Burgo, locum tenens of the Justiciar, as appears in the rolls of common pleas of the term of S. Michael a. r. ii. Ed. II.
     Damages 10 marks, whereof W. de Bourn 4 marks, J. de Patrik-churche 40s. and Nicholas the clerk senior 40s.[1]

Source notes

MS ref.: Membrane 17d.
Marginal notes: "Jan. 10" and "Meath".

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