By R. IF. Merriman, Esq. 



77 



disputes between the Prior of St. Margaret's and one Robert 

 Nuttyng. 



In 1516 these two persons were fined 2s. each for having* taken 

 excessive tolls at their mills. But companionship in misfortune 

 failed to create any sympathy between them, for some years later 

 (2Sth September, 16th Henry VIII.) we find the same Robert 

 Nuttyng appearing as complainant against Richard Browne, Prior of 

 Saint Margaret's for trespass "per unum equum coloris grey" in costs 

 and damages to the amount of 10s., and at the next court (5th 

 October) he lodges a second similar complaint to the extent of Yds Ad. 

 On this second occasion the Town Clerk appears to have been in a 

 little uncertainty about the colour of the offending horse. He first 

 entered it as " colons baye," which description he then struck out ; 

 he began another word, but striking it through unfinished he finally 

 fell back on " colons grey." 



On the 12th of October the Prior is noted as in default, and 

 another entry to the like effect is made at the following court (19 th 

 October) . 



Matters now became serious, and on the 26th October order is 

 made to levy the 10s. (the damages in the first suit) of the goods 

 and chattels of the said Richard Brown, for the use of the said 

 Robert Nuttyng, 



Meanwhile the Prior must have bestirred himself, for at the same 

 court there is presented on his behalf a writ of certiorari, removing 

 all proceedings against him into " Our Chancery.'''' This writ, which 

 is tested the 20th October, 1525, affords an illustration of the 

 grant of the borough by King Henry VIII. to his first Queen. 

 It is addressed to the Mayor and Constables of Katharine, Queen 

 of England, Our most dear Consort, of her Town of Marlborough. 

 A grant by Queen Catharine to the Mayor and Constables of 

 Marlborough, dated 18th March, 3 Hen. VIII., is exhibited in the 

 adjoining museum. But Nuttyng was not to be daunted by writs 

 of certiorari. The next entry in the court books sets forth a third 

 complaint by him against the Prior for trespass. On this occasion 

 the damages rise to 166'., and the Town Clerk — abandoning all 

 attempt to describe by its colour this third intrusive animal— 



