ff 116v–17 (10 April) (Evidence of Thomas Goodall of Inkpen, Berkshire)
Testes inducti ex
parte Anthonij Dixen de et
super articulis
capitulis siue Interrogatorijs ex
parte sua contra
quendam
Willelmum
Shaw de Newbury
dictum
examinatum 10 die
aprilis 1600
...
Ad tertium
articulum dicit et deponit that
in the moneth of December articulat the
weeke or daye certeinlie he cannot now remember as
he sayeth, but as he verilie thinketh nere aboute
christmas a fortnight before christmas last
past, the articulat william
Shawe, william white, Mathew Clercke, &
this deponent having bin at one Mother Eltons house a
drinckinge vntill it was betwene eight or nine of
the clocke at night as they were comminge
homeward the said william Shawe &
william white called at the house of one
Phillip holmes a musitian requestinge
him ‸⸢yat he⸣
& his company wold playe some musicke before
them to there houses, wherevpon the said Phillip
holmes his companie not beinge within did
take his cytheron & played before them,
& as they went in the churchyard of Newbery,
articulat they met the articulat
Anthony dixen comminge with a
lanthorne & a candle in it in the ‸⸢said⸣ churchyard in the path
waye and as the said William Shawe came by the
said Anthony dixen he did kicke with his
foote the lanthorne ‸⸢in
the said Anthony his hand⸣ in such sort that
the lanthorne did fall a prety waie from him &
the candle ‸⸢fell⸣ out of
the lanthorne & the said william
Shawe havinge so done he did eyther shoulder or strike
the said Anthony dixen in such sorte that he ye
‸⸢said Anthonie⸣ did fall
downe into the durte reddit rationem dicti sui for
that he this deponent with one
m of Newbery whose name he knoweth
‸⸢not⸣ did come talkinge
together a little behind the said william
Shawe & &
william white & he did see the said
william Shawe kicke the lanthorne out of
the said Anthony | dixen
his hand as aforesaid & did see the said
william Shawe shoulder the said Anthony
& also did see the said Anthony lyinge on the
ground. Et aliter
nescit deponere vt dicit savinge that
there went close before the said william Shawe
when he did kicke the lanthorne out of the hand of
the said Anthony as aforesaid Phillip holmes
playinge as a fore said vpon his
citheron
...
Ad
Interrogatoriam
Ad primum
respondet quod Anthonium dixen
circiter annum, et
Willelmum Shawe circiter duos
annos bene novit et noscit, & that
he liveth by his service and is little worth,
& that he wisheth each partie a like
not favouringe one side more then the other &
ad reliquum respondet
negative
Ad secundum
respondet that the tyme of the
night when william Shawe did kicke the
lanthorne out of Anthony dixen his hand as afore
said & when the said Anthony was shouldere
& smitten to the grond as aforesaid was
betwene viij or ix of the clocke at night &
somewhat darcke videlicet so
that one might discerne ‸⸢&
know⸣
one ‸⸢ne man from
another⸣ a quayts cast from him
...
Ad quartum respondet that the night was not so darcke but that one man meetinge an other might discerne & knowe him & the said dixen had at the same tyme a Lanthorne with a candle burninge givinge light in it et aliter respondet negative./
...
ff 117v–18 (Evidence of Philip Holmes of Newbury, musician)
...
Ad primum dicit et deponit that the articulat william Shawe is dwellinge in Newbery articulat reddit rationem dicti sui for he knoweth his dwellinge house very well.
...
Ad 3um
articulum dicit et deponit that
in one of the moneths articulatae &
as he verily thinketh neere about iij weeks or a
moneth before christmas last past the daye of the
weeke he cannot now remember, william Shawe
articulatae ; one mr white, Thomas
Goodall & mathew Clercke, came to this
deponents house ioyninge to the churchyard of
Newbery requestinge him to come with his
company & playe before them alonge
the towne of Newbery, wherevpon he this deponent
(his company not beinge at home) went him self
with his cytheron (fearinge least the said mr white
wold have done him or his insruments some hurte, yf he should
denye him to goe for that he did sweare he wold
breake his Insruments yf
he wold not goe) and did playe before them,
asnd as he this deponent did goe before
them playinge, & the said mr white did
holdeinge him by the shoulder in the
churchyard of Newbery, he this deponent did mete
the articulat Anthony dixen in the middle
of the churchyard goinge toward his
stable with a lanthorne & a
candle burninge & givinge light in yt towards
his stable, with provinder in
his other hand for his horses the which
Anthony as he passed by this deponent & mr
white who went foremost sayingede vnto
them, well said my maisters/ & assone as he
came by william Shawe he this deponent
did heare the said Anthony dixen his Lanthorne
fall vpon the ground wherevpon he this deponent
lookinge backe he this deponent &
seinge the candle out & hearinge Anthony dixen
vse bsome words vnto | the said william Shawe
‸⸢who was come past him⸣
presently the said Anthony dixen was
beaten downe to the ground but whether the said
william Shawe or who did beat him downe to the
ground he cannot depose as he sayeth for that it
was very darcke, & assone as he this deponent
did heare the said Anthony dixen fall downe, he
ranne vnto him to helpe him and at his
comminge there was no body
near by him but Thomas Goodall &
Mathew Clercke comminge from him Et aliter nescit deponere
vt dicit ad eundem
articulum savinge that at the
place where Anthony dixen was throwen downe there
was sone william
Gubbard goinge the same waye yat
Anthony dixen went & at this deponents
comminge to Anthony dixen to take him vp
the said william Gubbard was standinge by
him ffurther he this deponent sayeth that within
half an houre after the said Anthony dixen was
beaten downe as afore said in the churchyard of
Newbery he this deponent did goe to the said
Anthony dixes dore & said to his servants that
william Shaw had stricken the said
Anthony dixen & that yt greved him to see how
ill he was vsed by the said Shawe & wished the
said Anthony dixen to complayne to mr maior of
him /
...
Ad Interrogatoriam
Ad primum respondet quod optat victoriam ius habentem & quod valet vj li. xiij s. iiij d. ere alieno deducto ad reliquum satisfactum est savinge that he denyth that he is anie waie allied or kine vnto the said Anthony dixen
Ad 2um
respondet that the tyme when the said
Anthony dixen had his lanthorne beaten out of his
hand & when he was throwen downe to the ground
was betwene viij or ix of the clock at night, the
which night was so darcke that a man
could not discerne without some light or knowe one
man from another if he stode close by him
almos
⸢iij or iiij yards from
him⸣
...
Ad 4um
respondet that he
& this respondent & mr
white went quietly by the said Anthony dixen &
so he this respondent thinketh
william Shawe & the rest might have
done alsoe et
aliter nescit respondere vt
dicit.
...
f 118v
Ad 6um respondet that he this respondent did heare one Mathew Godwin saye that Goodall specified in this Interrogatory did conffesse vnto him that he did Strike the said Anthony Dixen . in the churchyard the tyme aforesaid/
...
(Evidence of William Gubbard of Newbury, apprentice clothworker)
Willelmus
Gubbard de Newbery in comitatu
Berckeria
clo prentice to a clothworker...
Ad primum dicit that william Shawe is dwellinge in Newbery. articulat redit rationem dicti sui for he this deponent knoweth his dwelling house very well dwellinge the next house vnto him
...
Ad tertium
articulum dicit et deponit that
aboute a moneth or iij weekes before christmas
last past the daye certeinlie he cannot nowe
remember . he this deponent beinge sent by his
maister to his stable to give his horse meat for
all the night, about ix of the clocke at night as
he this deponent was goinge toward the church yard
he sawe a man
⸢espied⸣ one goinge
with a lanthorne & candle burninge
before him whervpon he this depon..nt
(the night beinge somewhat darcke) made hast to
overtake him & so at the church stile of
Newbery overtoke him & the said
Anthony dixen goinge into the churchyard of
Newbery with a lanthorne
with in his hand & a
candlle burninge in yt & as they went together
in the said churchyard toward there stables in the
middle of the churchyard nere the great dore on
the North side of the church ther were
comminge toward them Phillip holmes
with playing vpon an
instrument & william Shawe & Thomas
Goodall & others whose names he doth not know
comming following him/...
f 129v (4 June) (Evidence of Matthew Clercke)
Testes inducti ex parte Willelmi Shawe de et super articulis allegationum ex parte eiusdem contra Anthonium Dixen datis
...
Ad secundum
articulum alegationis primo date dicit et
deponit that aboute a moneth or three
weekes before Christmas last past he this deponent
& the articulat william Shawe goinge close
together in the churchyard of Newbery in a ‸⸢very⸣ darkke night betwene
eight & nine of the clock, they met the
articulat Anthony Dixen comminge
toward them with a lantherne & a
candall
burninge in yt & as the said Anthony dixen
came close by the said William Shawe the the
said William did strike the
lantherne ⸢fell⸣ out of the
said Anthony dixen his hand with his
foote
⸢by what meanes he this deponent
knoweth not⸣ & so passed alonge by him
one Phillip holmes a musician playinge
before them vpon a Cytherin, and assone as they he this
deponent & the said william Shawe
were come to the churchyard stile of Newbery they
stayed for one mr white & the
articulat Thomas Goodall who came
withc
them into the churchyard aforesaid & went a
little behinde them together/...
ff 116v–17 (10 April) (Evidence of Thomas Goodall of Inkpen, Berkshire)
Witnesses introduced on behalf of Anthony Dixen about and concerning the articles, chapters, or interrogatories, on their behalf, against a certain William Shawe of Newbury the said examinate, on the 10th day of April, 1600.
...
To the third article he says and deposes (English). He gives a reason for his statement: (English). And otherwise he knows nothing to depose as he says (English).
...
To the interrogatory:
To the first he responds that he has known Anthony Dixen well for about a year, and William Shawe for about two years, and he recognizes (English) and to the remaining he responds in the negative.
To the second he responds (English) that is to say (English). ...
To the fourth he responds (English) and otherwise he responds in the negative.
ff 117v–18 (Evidence of Philip Holmes of Newbury, musician)
...
To the first he says and deposes (English). He gives a reason for his statement: (English).
...
To the third article he says and deposes (English). And otherwise he knows nothing to depose as he says to this article (English).
...
To the interrogatory:
To the first he responds that he hopes justice has victory, and that he is worth £6 13s 4d, with debt deducted. Regarding the rest satisfaction has been made, (English).
To the second he responds (English).
...
To the fourth he responds (English), and otherwise he knows nothing to respond or say.
...
f 118v
To the sixth he responds (English).
...
(Evidence of William Gubbard of Newbury, apprentice clothworker)
William Gubbard of Newbury in the Berkshire court (English).
...
To the first he says (English). He gives a reason for his statement: (English).
...
To the third article he says and deposes (English)...
f 129v (4 June) (Evidence of Matthew Clercke)
Witness produced ex parte William Shawe in response to the articles of allegations given on his behalf against Anthony Dixen
...
To the second article of the first allegation given he says and deposes (English)...
This complex case concerning an assault in the churchyard of the parish church of St Nicholas, Newbury, was heard by David Humphrey of Salisbury who signs with his mark below each of the depositions. The entire case takes up ff 116–33v of the Deposition Book. Only those parts of the testimony that refer to Philip Holmes actually playing his cithern are reproduced here.
The affray is first described by Thomas Goodall of Inkpen. Goodall asserts in his testimony that William Shawe was the one who beat Anthony Dixen to the ground. Philip Holmes, the musician pressed into service to lead the drunken party home, declines to assert that it was Shawe since he was walking in front of the procession, although he admits he did go to Dixen's house and tell Dixen's servants that Shawe had beaten their master. The third witness is William Gubbard, a sixteen-year-old apprentice. He swears that it was Shawe who did it and, further, asserts under questioning that it was starlight and perfectly easy to distinguish one face from another. The fourth witness, however, Matthew Clercke, begins a long series of hearsay testimonies. He, and subsequently William Dudmarshe, cobbler, John Sparking, tapster of the George, and Matthew Godwin, musician, all testify that they had heard it said that Goodall himself had struck Dixen 'with his fist in such sort that his fist did then still ake' (f 129v). Goodall seems to have boasted his guilt in three separate public houses: the George, the Crowne, and the Rose. Clercke and Dudmarshe, when reexamined, expressed the view that they didn't know the right of it but that Goodall was a 'lewde fellow' (f 133), who 'wold rather forsweare himselfe then not' (f 133). The case against Shawe seems to have been dismissed.
The testimony of young Gubbard proved a real problem for the court. Dudmarshe implies that he may have been open to a bribe from Goodall because he was 'a poore prentise and his friends are very pore people.' This distressed the rector, a Mr Coldwell, who, with the parish clerk, John Reves, checked young Gubbard's age and his record of communication. The record of Gubbard's baptism is in the Register of Marriages, Baptisms, and Burials, Newbury 1538–1634 (D/P 89/1/1, no foliation) for 3 March 1583/4.
An interesting feature of the case is that Godwin signed his testimony on f 133 with a stave of music.
The wills of only two of the participants in this small town drama have survived. Holmes made his will in 1636 and it was proved 19 September 1640. There is no mention in it of his being a musician. Shawe's will was made 13 July 1614 and proved 1 February 1614/15. His total assets (£37 14s) were outweighed by his liabilities (£50 16s 8d). His major debt (£27) was to an Oxfordshire merchant, Humphrey Taylor, for a plot of land.
Matthew Clercke is identified as from Thame, Wiltshire. The location of Newbury would suggest someone from Wiltshire; however, there is now no Thame in Wiltshire, and it is unlikely to be Thame, Oxfordshire.
Record title: Archdeaconry of Berkshire Act Book
Repository:
BRO
Shelfmark: D/A2/c40
Repository location: Reading
1597–1601; Latin and English; paper; ii + 250 + i; 292mm x 193mm; modern pencil foliation; bottom right-hand corner of leaves from f 199 torn away and repaired; title stamped on spine: 'LIBER | ACTORUM | 1597–1601 | Berks | c.40.'