Worcestershire in the Nineteenth Century: A Complete Digest of Facts Occuring in the County since the Commencement of the year 1800Turberville, T. C.
History
Worcestershire in the Nineteenth Century: A Complete Digest of Facts Occuring in the County since the Commencement of the year 1800
Turberville, T. C.
Worcester (England) -- History
offence of “engrossing” was a most undefinable one, and not cognizable by
the common law. The learned judge admitted this was a moot point, but
remarked on the enormity of the offence, and told the jury they had only
to say whether or no the evidence made out to them the fact of Mr.
Waddington’s having done that which the indictment set forth. The jury,
after this charge, immediately returned a verdict of “guilty.” On the
24th of November, Mr. Waddington was brought up for judgment in King’s
Bench. Mr. Law moved in arrest of judgment, arguing that engrossing was
no longer an offence at common law. Hops, too, were not “victuals.” Mr.
Waddington, speaking in his own defence, arraigned the whole proceedings
as altogether incompatible with the right of the individual to use his
capital in trade as he pleased. Mr. Erskine, in support of judgment,
said that hops being a commodity so easily engrossed, required to be
strictly regulated: the practice of engrossing was innocent neither in
the eyes of man nor God. Lord Kenyon, though not giving judgment, spoke
at length on the matter. Hops were as much a “victual” as salt, both
being used for the preservation of victuals; and he was old enough to
recollect an application being made to that court for an information for
a conspiracy to raise the price of salt at Droitwich. Mr. Waddington was
remanded to prison till the last day of term. The judges then declared
themselves of opinion that there ought to be no new trial, and that there
was no defence. He was again remanded to prison till the ensuing term,
in spite of a spirited remonstrance, and a reference to the case of Horne
Tooke, whom Lord Kenyon characterised as a “bankrupt in character and
fortune, and destitute of every virtue and quality which could command
respect.” On the 8th of December, Mr. Waddington was found guilty, by a
London jury, of “engrossing” hops in the county of Kent. While in prison
he sold a ton of potatoes daily for ½d. per lb., and appropriated the
proceeds to the benefit of his poorer fellow prisoners. On the 25th of
January, 1801, Mr. Waddington was finally brought up for judgment, and
Mr. Justice Grose declared that the court being unanimously of opinion
that the information on which Mr. Waddington had been convicted was well
supported at common law, he was sentenced to pay a fine of £500, and to
be imprisoned one month. On the 4th of June, Mr. Waddington having been
confined in King’s Bench prison upwards of twenty-seven weeks, at last
purged his crime, and went down to Maidstone. At Tunbridge he was
feasted at a superb dinner, and about two miles thence was met by a
number of hop planters, who took the horses from his carriage, covered it
with wreaths of hop bine, and had it drawn by relays of men (twelve
miles) to Maidstone. There he rode in triumph through the streets; made
a speech which was received with immense acclamation; “Waddington and the
Public-domain text, read in full here on John Shaqi.
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