Shakespeare sues John Addenbrooke: the writ to secure Addenbrooke’s attendance at court

On August 17, 1608, William Shakespeare (or his family or agents acting on his behalf) began an action in the Stratford court of record to recover a debt of £6 from John Addenbrooke. The case dragged on until at least June 7, 1609. The register recording the court’s proceedings during this period is lost but many cases which came before it generated a sequence of writs and other loose papers. Fortunately, seven such items survive for the case between Shakespeare and Addenbrooke, allowing us to track the progress of this particular claim in reasonable, though not complete, detail. These surviving documents are in Latin and all have small central holes or tears along one edge indicating they were once held together by a tie or pin to form a bundle. R.B. Wheler, probably broke up the bundle when he discovered the file in 1800, as two of the items, the order to produce Addenbrooke  and writ to bring Addenbrooke’s surety, Thomas Hornby to court subsequently became part of his papers.  The writs all bear the name “Greene” in the bottom right corner, indicating that they had been issued with the authority of Thomas Greene, the Corporation’s steward, who acted as the court’s legal officer.

Addenbrooke, described early in his career as a yeoman but later as a gentleman, was married at Tanworth-in-Arden in 1574 and was buried there on June 19, 1609 (perhaps the reason why the case seems to have petered out). His place of residence gave rise to another problem: as Stratford’s court of record had no jurisdiction outside the borough boundary, its officers were not able to carry out its instructions in cases where the defendant lived elsewhere. None of the papers explains how Addenbrooke contracted the substantial debt but they do provide evidence of Shakespeare’s local dealings with a man of some substance not obviously linked to a routine business transaction. Due to an outbreak of plague, the London theaters were closed from July 1608 to December 1609, leading to a reduction in Shakespeare’s income, and this may have been a factor in this attempt to recover an outstanding debt or loan.   

The case would have opened with Shakespeare’s attorney filing his client’s claim. This resulted in the first of the seven items, a writ, shown here, dated August 17, 1608. This was a Wednesday in 1608, the day of the week that the fortnightly (every two weeks) court customarily sat. The writ is addressed by the bailiff, Henry Walker, presiding over the court as a justice of the peace, to the sergeants-at-mace, to produce John Addenbrooke at the next court to answer to the plea. It also bears the note that the serjeant, Gilbert Charnock, had taken steps to secure Addenbrook’s appearance, with Thomas Hornby standing bail for him. Hornby, born in 1567, had followed his father Richard into his blacksmith’s trade in Henley Street, with six or seven children born to him and his wife by the time of the Addenbrooke case, but we do not know why he came forward on Addenbrooke’s behalf. The size of the debt (£6) is not given here and, in fact, is not explicitly stated until the issue of a writ on March 15, 1609.

Had the court register survived, it would have recorded any further proceedings, most importantly whether Shakespeare ever succeeded in recovering his money. Addenbrooke was buried at Tanworth twelve days after the final document, leaving no will.