Narrator: Welcome to this interactive re-enactment of old news.
Come with us as we present for your delight and delectation, for your enlightenment and education, for the first time ever on the English stage – the dramatic interpretation of a little known, but significant court case in the history of Hampshire and in particular Droxford! It is a case of assault and false imprisonment, a story of rich against poor, privilege versus the disenfranchised, a bullied teenager , a furious mother and a brother determined to see justice done.

Featuring confrontation…..denials …..dramatic scenes in Botley …… chases ….. and threats of shooting!

Narrator introduces the characters

The main characters in this epic are: William Burgess, a Pauper of Droxford

Burgess: I prefer to think of myself as an honest labouring man
Narrator: William Burgess, an honest labouring man, residing in the parish of Droxford, Hants, in the service of Richard Goodlad, Esq. a Magistrate for the county.

And William Cobbett well-known as the author of the Political Register and who, for the last five or six years, has resided at Botley.

Cobbett: later to be a Member of Parliament, journalist and political reformer and famous for chronicling the lives of the agricultural workers in my great work “Rural Rides” which I will be starting in 1821. Let me read you some of the reviews……..

Narrator: Jesse Burgess, William’s younger brother and the centre of this story.

Betty Burgess a widow, mother of Jesse , William and several other children.

Wlliam Aslett blacksmith and constable

John Dubber blacksmith and tithing man

What you are about to witness is from the transcript of the trial taken down in short-hand and printed and published by T Gillet of 7, Crown-court , Fleet Street and sold by Sherwood, Neely , and Jones , Paternoster Row, and all other Booksellers .

Price One Shilling .

Gillet acts like a campaigning investigative journalist and in the introduction to the transcript attacks Cobbet as a hypocrite:

Reading from pamphlet

“We have learnt that those who are loudest in their exclamations againy corruption are themselves the most corrupt . And we will prove to you that the deep-mouthed champion of Liberty is, in his heart, the most oppressive of Tyrants!
ENGLISHMEN, let us no longer be deluded by such execrable Impostors, who hope, by inflaming our passions against their superiors in honesty and honour, to render us the means of gratifying, their own inordinate ambition”

Sign held up Act I: The Court House

Narrator: Mr Justice Lawrence at the Assize held for the County of Hampshire at Winchester on Thursday 20th July 1809.

Counsel for Burgess: May it please your Lordship, gentlemen of the Jury. Mr Cobbett is a gentleman of considerable fortune, residing at Botley in this county. Mr Cobbett is a gentleman well known from his political literary productions. Mr Cobbett has long been the professed and apparently zealous advocate for the liberty of the subject and the rights of Englishmen. Mr Cobbett has been, gentlemen, the declaimer against the abuse of power, the professed reformer and corrector of all public abuses, but particularly of those in power and high authority The other two Defendants, William Aslett and John Dubber are Blacksmiths by trade. The former is Constable of the
Parish of Bouley, the latter is the Tithingman of that place.

William Burgess is a very poor man. He has availed himself of the privilege which the happy constitution of this county gives him of suing as a pauper by which he is enabled this day to bring his case before you at very trifling expense.

The complaint against these three persons is, that he has been imprisoned,insulted, and abused in the most opprobrious terms, by them ; that he has been kept in custody for eight and forty hours a prisoner, several miles from his family and home, and at last , when set at large, obliged to walk home in the dark with his aged mother, at a late hour of the night. I can have no doubt, Gentlemen, whenyou shall have heard the whole of this case detailed to you in evidence, but you will think it a case of all others for considerable compensation in damages.

at a late hour of the night

Narrator: Oh no – this is going to be boring!
Tell you what, let’s show people what happened…..

Sign Act II: The Unjust Servitude

Narrator: it is 1809 Our scene opens in a humble living room in Droxford. William Burgess, an honest laboring man, sits by a dimly lit fireplace with his mother.

Burgess: I was in the service of Richard Goodlad, I found my peace, until my brother Jesse’s plight with Cobbett stirred the still waters. About the latter end of December last, my brother, Jesse, then about fifteen years of age, went into the service of Mr Cobbett, to remain until the Michaelmas following. But come February Jesse came home in great distress and weary

Jesse enters, in great distress and weary

Jesse: Brother! Mother I cannot bear Cobbett’s service any longer. My master uses the most gross language; His words, sharp as thorns, wound deeper than the flesh.

Mrs Burgess: Jesse, you must not break your agreement with Mr Cobbett, you must stay till Michaelmas. That’s only September. I will speak to the gentleman

Jesse exits

Narrator: Jesse returned to Cobbett’s employment but on 2nd March he was back again Jesse comes back again

Jesse: he still abuses me, swearing and calling me names. I cannot stay there and be treated like that.

Mrs Burgess: Did you inform you master of your determination to leave?

Jesse: yes, and know what he said? He told me to hold my bothering tongue, for I should not go away

Burgess: On the night following, Aslett the local constable and one of Cobbett’s men, apprehended Jesse, under a warrant granted by a Magistrate, at Southampton, on a complaint made by Cobbett; he stated the boy to be a servant in husbandry, which he never was; and that he had absconded from his service.

Mrs Burgess: Aslett took him to Botley, about midnight. But there was nowhere to put him so after waiting an hour in the street in the cold and damp, the landlord of the Dolphin Inn gave them a room for the remainder of the night. My Jesse could have caught his death of cold.

Sign Act III: The Confrontation:

Narrator: the Scene is Cobbett’s garden. Mrs Burgess approaches Cobbett, a figure of authority and ire

Mrs. Burgess: Sir, I beg your pardon sir, I come to speak on behalf of my son. He wishes to leave your service.

Cobbet: Damnation seize you! I won’t hear what you have to say. Your boy shall know the harshness of the law!

Mrs Burgess: I hope you will hear me, Sir Cobbet: I hope I shan’t; I’ll need your boy on shipboard : if you had not encouraged him, he would not have been guilty of such a thing.”

Mrs Burgess: I did not encourage him, I beg you to hear what I have to say.

Cobbet: Damn you, I won’t hear what you have to say. Begone, you old bitch, off my premises; I desire you not to enter my house; your boy shall have no more than the law allows him, if he has so much.

Narrator: Mrs. Burgess went back, and called her son ,William, who went with her and the constable as far as the outer gate of Cobbett’s house, the constable went in, but the plaintiff and his mother proceeded on the turnpike road on their way home.

Sign Act IV: The Capture

Narrator: The scene changes to the road to Droxford. William Burgess and his mother set off on the road home.

Burgess: We had gone about a mile and a half when we heard some horses galloping, (sound of horses hooves) which proved to be Aslett the constable and Dubber the tithing man, galloping after us on horse back.

Dubber: Stop, you old woman-stop, you fellow — you have done us a fine job today

Narrator: They did not stop

Aslet: (Threatening with a pistol) ,I’ve a pistol! I’ll shoot you through, if you don’t stop Narrator: They were soon overtaken

Burgess: By what authority have you seized me on the King’s highway?

Aslet: By the order of Mr. Cobbett, if you must know. By Cobbett’s order, you are detained!

Narrator: They were forcibly taken to Southampton, where Cobbett awaits, his fury unabated. Cobbet: You are the greatest rogue -you shall be Jack Pay-all – I’ll fine you.

Dubber: I hope not , sir!

Cobbet: Yes, damn your eyes, you let the prisoner run away.
And you 2 are guilty of fraud and robbery, by being accessary to the escape of the boy; and if you do not deliver the boy to my house, by four o’clock on Monday, I will indict you at the Winchester Assizes, You old witch, crafty old bitch, you brandy faced bitch

Narrator: William and his mother were detained.
This action resulted in William Burgess bringing a case against Cobbett and his henchmen Aslett and Dubber for assault and false imprisonment which is the charge being heard at Winchester Assizes on July 20th 1809.

Sign Act V :the judgement:

Narrator: Winchester Assizes The plaintiff is: William Burgess

The defendants : William. Сobbett and 2 of his men: William Aslett and John Dubber

Counsel: I can have no doubt , gentlemen, now you have heard the whole of the case you will think it a case of all other for considerable compensation in damages.

The Judge: This is case of assault and false imprisonment brought by the plaintiff, William Burgess, of Droxford against William Cobbett of Botley and William Aslett and John Dubber. We have heard of Mr Cobbett’s behaviour towards the plaintiff’s brother, Jesse. We have heard of his attempts to seize the plaintiff and have him imprisoned. We have heard of his abusive words to Mrs Burgess

Mrs Burgess: Yes ! he called me an old witch, crafty old bitch, and a brandy faced bitch

The Judge: We have heard that the plaintiff and his mother were seized on the highway with threats of being shot and were taken in a cart, by the direction of Mr Cobbett, to Southampton, where Mr Cobbett waited to receive them, at a Mr. Smith’s an attorney .Mr. Smith’s clerk was present while Cobbett was giving way to the undisguised sentiments of his mind. He went to look for Mr. Smith ; on his return, he mentioned that the Magistrate was with him, and that the plaintiff and his mother were guilty of fraud and robbery, by being accessary to the escape of the boy; and if they did not deliver the boy at his house, by four o’clock on Monday, he would indict them at the Winchester Assizes. It was midnight before the plaintiff and his mother got home.

We have heard the evidence for the plaintiff. Is there any evidence for the defendants?

Pause

Narrator: The Defendants produced no evidence
The Judge, in his summing up advised the Jury of the law concerning false imprisonment and continued….

Judge: Mr Cobbett tells this plaintiff and the old woman that they have been guilty of theft, robbery, and fraud , but that they might go home, provided they brought the boy to his house at a certain time on the following Monday. Here you see he takes upon himself to act as the person who had authority to discharge them. I have no difficulty in saying, that this act of theirs was done without any authority of law whatever, and there can be no question but that they are guilty of this assault and false imprisonment

What damages is this Plaintiff is entitled to recover against the persons by whom he has been injured If you believe the evidence, that they have unlawfully imprisoned the Plaintiff; that they confined him in a public-house for such a length of time; that he was carried to Southampton, and treated in the manner which you have heard described, it is certainly a case of considerable injury to the person who is now under your consideration; at the same time you are to consider what he is fairly and justly entitled to; you are not to raise or lessen the damages because one party may be a pauper, and the other a public character. I must repeat, that the Plaintiff’s case stands uncontradicted by any evidence on the part of the Defendants. I dare say you will exercise your judgment to the best of your ability, and you will give this Plaintiff such damages as , under all the circumstances, you consider him entitled

Narrator: The Jury , after 10 minutes consultation returned a Verdict for the Plaintiff Damages of £10 were awarded to William Burgess

Such was the indignation of those who heard the evidence of his cruelty delivered in court that it was believed by some that the odious defendent would fall victim to the justly infuriated populace.

Burgess: I’m a law abiding man. Hardworking and reliable; Richard Goodlad will vouch for that. If any man knows my virtues, he does. God’s sake, I’ve worked for him ten years agone and ne’er a cross word exchanged neither with my master nor with my work mates. Ne’er a bad word either with those I wouldn’t choose to work with…if I ever had such a privilege. But there is nothing that boils the blood than injustice, yet more so when it’s aimed at your brethren. My brother Jesse: good natured and timid to boot. A whipper snapper without worldliness at the peril of Mr Cobbett’s cruel, brutishness. Jesse wouldn’t hurt a fly. He is a gentle soul and to be abused in such a manner as doled to him by Mr Cobbett was indeed a harshness he was not deserving of. When my father lay on his death bed, some time gone now, I swore on oath I would look after mother and our Jesse…. who was but a mere babe in arms at this difficult time. Although I was afeard of taking on such a burden, I have stayed true to my word. I hope you will understand my position and how it was that I needed not only to protect Jesse from the bullish behaviour of Mr Corbett, but also my mother from the onslaught of the same ‘gentleman’s’ most foul and disgusting tongue.

Narrator: 2 things you need to know – in 1809 £10 was worth about £1,000 in today’s money and secondly, 22 Years later Jesse Burgess, with another Droxford man, Charles Bryant, was involved in the Captain Swing Riots of 1830 which convinced the establishment that that the nation was on the verge of revolution.