11th August 1813: West Riding manufacturers are compensated at York Summer Assizes

On Wednesday 11th August, the York Summer Assizes heard a number of cases for compensation brought by manufacturers affected by Luddism. As the Leeds Mercury later clarified, the compensation took into account the destruction of machinery only if the building had been attacked. The compensation awarded was as follows (£, shilling & pence):

Vickerman - £127.3.6
Dyson - £53.14.0
Hinchliffe - £98.13.4
Hirst - £96.4.4
Garner - £14.9.6
Balderstone - £15.3.8
Hepworth - £6.16.6
Pitchforth - £3.0.0
Foster - £291.4.6
Roberts - £0.5.0

Baron Wood heard the cases. Three cases were nonsuited because the plaintiffs allowed the Luddites entry - Callow, Swallow & S Swallow. Another case was successfully defended by the Sheriff of the Hundred - that of Sykes.

31st July 1813: A Longroyd Bridge cropper, Richard Brook, faces trial at York Summer Assizes

The York Summer Assizes commenced on Saturday 31st July 1813. Amongst the cases was that of Richard Brook, an 18 year-old cropper from Longroyd Bridge. He was accused of riotous assembly, breaking a Tenter and stealing iron pins belonging to John Drake senior on 12th May 1813.

Brook was found Not Guilty.

17th March 1813: Cases at the York Lent Assizes

The York Lent Assizes for 1813 concluded with sentencing on Wednesday 17th March, but by then, several cases connected with the Luddites had been before the Court.

Two teenagers from Huddersfield - Joseph Sykes, a 15 year-old cropper and John Thornton, a 14 year-old wool-sorter, had been accused of breaking into the house of Abraham Horsfall (most likely William Horsfall's father) in Huddersfield and stealing spirits and other articles. They were found Not Guilty.

Various manufacturers whose premises were attacked by Luddites had brought compensation claims against the local authority. The Leeds Intelligencer covered what happened:

Thirteen different actions were brought by manufacturers and others, against the Hundred or Wapentake of Agbrigg and Morley, to recover compensation for damages done to their machinery and buildings by the Luddites. The business was to have come on, on Tuesday, when Mr. Parke, counsel for the Plaintiffs, stated his objections to the court, against their proceeding. Five of the actions were ordered to stand over till the next assizes; and the records on the remaining eight were withdrawn, under the expectation that Government will make the requisite compensation to the sufferers.

Finally, a case left over from the York Special Commission was also heard. Again, the Leeds Intelligencer had the details:

James Starkie, who was held to bail, to appear at the present Assizes, on a charge of conspiring to affect the demolition of Rawfolds Mill, did not appear when called on. One of his bail said that Starkie had acted under the advice of his attorney.

Mr Parke said, the Defendant had been ill-advised; it was his duty to have appeared personally in Court to answer to this indictment, as it was impossible that he could know what course might have been adopted respecting him. But it was not his intention to insist upon his appearance. If the Defendant had been tried it late Special Assize, I should have thought it my duty, in the then state of the County, to have laid evidence before his Lordship and you on the subject; but, in consequence of the present happy and tranquil state of the County, the result of those severe but necessary examples which were made on a late occasion, I have determined to lay no evidence before you, and to consent to the acquittal of the Prisoner. And I hope this will be considered as a further proof that Government wish to do nothing oppressive to any of his Majesty's subjects, and that their only anxiety has been to restore tranquillity and good order.

The Jury of course acquitted the Prisoner.

20th February 1813: Francis Raynes meets General Maitland to discuss a possible reward for his efforts

In his memoirs Captain Francis Raynes gives a description of a meeting he says took place between himself and General Maitland on Saturday 20th February 1813 at York, after being invited there by General Acland:

General Maitland required to see me at York, for the purpose of asking what were my views and wishes in the subject of a remuneration for my services. I mentioned the Duke of Montrose having obtained for one of his officers, formerly a Captain in his regiment, the appointment of Collector of the Customs. A military appointment for me, was quite out of the question. I had long before quitted the army, and the idea of re-entering it did not occur to my imagination.

When I gained the notice of the Generals, I was a Captain of militia; they employed me in that rank, till it was found I could be more extensively useful in a larger command, and I had the country given into my care, which had previously been under the command of a Colonel in the army. This weight and responsibility was thrown upon me, without any advantage to myself. I had not had the smallest increase of pay: but, on the contrary, was always very considerably in advance for the public, and, from the divided and scattered state of my company, I was losing money every day by it. Added to this, my private expenditure was, from necessity, extremely heavy, so that I had a right, having fulfilled all that was required of me, to expect my remuneration would be commensurate to the situation I was placed in, and the responsibility thrown upon me, for the direct purpose of serving the Government. This, in a military line, could not be: but surely there was no impediment in the civil; especially after the precedent above mentioned, in an officer of the very corps to which I belonged.

As it was not in my power to mention any particular office, I merely stated to General Maitland I should be happy to obtain any situation under the Government, which would produce from three to four hundred pounds per annum, either in England or Scotland. The value of what I should ask, had been previously mentioned by General Acland; and General Maitland did me the honor to say, he was anxious something should be done for me immediately, adding “now is the time;—if you do not get it now, you never may.” Words truly prophetic of the event.

From other documents, it would appear that Raynes may have embroidered his memoirs: a letter exists from General Acland to Maitland, which was written on 24th February 1813, where Acland informs his superior about Raynes' desire for a post at Excise & Customs on a salary of £300-400 a year. Had Raynes met Maitland with Acland 4 days earlier, there would have been no need for Acland to write this part of his letter.

18th February 1813: General Maitland sends a last letter from the West Riding to Lord Sidmouth

York 18th Febry 1813.

My dear Lord.

I return’d here last night, finding the unfortunate business that carried me to Scotland was likely to hang on for a considerable time, though without any reasonable chance of alternate recovery—

It gives me the greatest satisfaction to be able to report to Your Lordship, that every expectation we had form’d of the restoration of tranquillity has prov’d perfectly well-grounded; & that the whole temper of the country is completely alter’d. In some instances the persons to whom I had still given military aid, have themselves applied to have it removed, as no longer necessary, & in the instance of Mr. Radcliffe himself, he writes me, that he hopes it may be dispers’d with at an early period.

The Military reports are more & more favorable each week, and in the last it is stated that several of the persons connected with the late trials have left the country, in one of them made by the ablest officers we had employ’d, he states “I have much satisfaction in observing that a material alteration is taking place in the sentiments & disposition of the people, from the anxious conversations which have been held in Public Houses, & repeated to me by persons whose information I can rely on, I find many of those who were known to be most active in the late disturbances have been heard to say they are sensible of the folly of their conduct, & are sorry they ever had any thing to do with such a bad concern.”

The General spirit of alarm has totally eas’d, & in short I have no hesitation in stating, that the evil spirit which at one time existed is entirely eradicated.

To suppose that as long as the high price of provisions continues it will not be the source of momentary & occasional dissatisfaction, would be going a great deal too far, but I am perfectly confident in my own mind, that when such symptoms occur they will appear totally disconnected with all that spirit of combination & general understanding which has heretofore existed — in truth I do not think it is going a bit too far, & I congratulate your Lordship in being able to state it to say, that the spirit of Luddism is completely extinguish’d.

Neither does the small matter of those who have avail’d themselves of the Royal Proclamation (not more than Fifty) alter my opinion on this head, in this Riding it is clear the system of swearing in was never so general as in Lancashire & in Cheshire, & I much fear that most of them who had taken the Oath were implicated not only in the stealing of Arms, but in other atrocities—

Under all the circumstances it seems to me highly expedient that the heavy pressure of the Military should in some degree be ameliorated. Upon this head something has been done already, as three Regts have been gradually mov’d out of these Districts during the last Two months, but I own I think that we can afford a diminution of at least two more, which will leave the West Riding with three Regs of Infantry & a complete Regt of Cavalry – a force I think completely adequate to any thing we can look to at present, & I propose taking measures of this effect immediately.

In doing this however I trust your Lordship will believe that it shall not be done in any way so as to create the most trifling alarm or dissatisfaction on the contrary I'm convinc’d there is no one person who is conversant with the subject must not agree with me that the force I have above specified is fully adequate under the present circumstances to maintain the tranquillity & security of the hitherto disturbed part of this district.

I shall have the Honor of writing to your Lordship again to morrow, & I am My dear Lord

Your’s ever
T Maitland

[To] Lord Viscount Sidmouth.
&c &c &c &c

23rd January 1813: General Maitland issues a circular to West Riding Magistrates about the withdrawal of troops

York, 23d January, 1813.

CIRCULAR TO THE MAGISTRATES OF THE WEST RIDING,

GENTLEMEN,

As it is my intention to make an immediate change in the distribution of that part of the force under my orders, employed in the West Riding, and, as it is probable a further change may eventually take place, considerably diminishing the amount of that force, I feel it a duty incumbent upon me, to make you aware of the nature of the immediate change, that you may adopt such local measures, should you deem any necessary, as to you may appear fitting for the security if your division. Hitherto the troops have been detached all over the country, as circumstances, and the information I received, rendered it necessary: they were kept in a great state of activity, and constantly on the alert, with a view to the general tranquillity of the country.

The experience, however, of the last two months having plainly indicated that the temper of the country was considerably changed, and that he deluded men who have been guilty of the atrocities that had occurred, had either repented of their illegal courses, or had been intimidated to forbearance from future outrage; and having now before us, the heavy but necessary and salutary example of the late executions in this place, for which the happiest effects must justly be expected to rise, it is deemed adviseable that the feeling of the country should have a full and fair trial, by withdrawing all the numerous detachments, by the ceasing of all military activity, and by allowing the general temper to manifest itself in the most free and unfettered manner. All the detachments are, therefore, forthwith, with very few exceptions, to be called in; nor shall I give way, without the strongest reasons, to any applications that may be made, either for their continuance in part or in whole.

If, in the opinion of the magistrates, any protection is necessary in any part of their division, it is expected they will find that protection, by calling forth such local force as they have now had ample time to organize, and which, under the present circumstances, appears to be fully adequate to the purpose of local protection.

Should the same spirit happily continue to prevail, and no further symptoms of dissatisfaction shew themselves, a diminution of the large force employed by His Majesty in the West-Riding, will materially take place within a short time; which leads me, still further, to be anxious to make this statement to you, that you may keep in view, the necessity of preserving in those measures for local protection, to which you must eventually look for safety and security.

I trust it is unnecessary for me to add, that should our just and well grounded expectations of the restoration of tranquillity, unfortunately not be realized, you will find, on my part, the same wish and anxiety to give every military aid, which has been my uniform study since I honor to command in this part of the country.

T. MAITLAND,
Lieut.-General.

22nd January 1813: General Acland rebukes Lt Colonel Lang for providing a guard for Joseph Mellor

York 22nd January 1813.

Sir—

Your communication respecting Joseph Mellor dated yesterday has been forwarded to me here—It does not appear that the circumstances you have detail’d are of sufficient importance to authorize a Guard being placed in this man's house & I therefore desire you will withdraw it & that in future you will not furnish any additional Guards on such applications without a previous communication to Head Quarters & receiving permission for granting them.

If this is allow’d to be done on every application that may be made, & there can be little doubt but such will be very numerous arising out of the plans & apprehensions of the weak minded & timid, it will be impossible either General Maitland or myself can judge of the true spirit & feeling of the country, as the natural disposition of the greatest part of the Inhabitants is never to [fancy] themselves [illegible] without Military protection & as soon as this is granted they cease to exert themselves in organizing any Local Measures for their own security & protection which is the plan that ought generally to be adopted & on which they must ultimately rely for their safety, as the Military can only be at hand to afford General protection & not be [fritter’d] away in small & useless detachments which [harries] the efforts of [every] individual in the country as to any self exertion

I am &c &c
Wroth: P: Acland
M General

[To] Lt Colonel Lang
South Devon Militia
Huddersfield

22nd January 1813: General Acland issues orders for the winding down of troops in the area of Liversedge

York 22d Jany 1813

Sir

You will receive Orders for the withdrawing all the detachments under your Command, excepting the men of the Stirling militia to join their respective regiments on the 25th Inst. It is General Maitlands directions that this detachment of the Stirling should continue under your command & to be stationed at Mills Bridge. One Corporal & six Dragoons, will be attached to this—You will therefore be enabled to give Mr Cartwright the protection he has usually had, & also to check any appearance of disturbance, should any shew itself which however I do not think likely—

It is necessary you should send out patroles less frequently than Hitherto, and relax from your usual activity, leaving the country in a great degree to itself that we may be enabled to judge of the Spirit and temper of the People—You will therefore only adopt such measures and would generally be resorted to in the ordinary times of quiet, for the tranquillity of your immediate neighbourhood, unless circumstances should positively require your acting otherwise; but then the reason should be well founded and perfectly satisfactory and then reported to me.

I am aware the withdrawing the Detachments may excite some fears & alarms in the weak minded & that numerous applications may be made for Guards & Military protection you must resist all such, & impress on the minds of all persons making such applications the necessity of availing themselves of the present circumstances of the Country to organize such Local system has may immediately & eventually ensure their own protection & security, as well as keep order & tranquillity, & inform them that it is my firm determination approved & sanctioned by Lt. General Maitland not to give any further military protection, but on the strongest & most imperious grounds of necessity; & it will be therefore [unavailing] to make any applications for it—

I will tomorrow  send you a Copy of a Circular letter from Lt. General Maitland to the Magistrates

I have [etc]
Wroth P Acland

To
Capt. Raynes
Stirling militia

22nd January 1813: General Aland issues orders for the winding down of troops in the area of Elland

York 22 Jany 1813

Sir.

It is Lt. General Maitland's intention that the Detachment at Elland shall be reduced to three Serjeants & thirty rank & file which is to remain under your Command. Directions have been sent major [Garnham] to call in Ensign Young with the remainder on the 25th Inst., but you will select, such as you think proper to comprize the detachments to be continued with you.

I have received a letter from Mr. Dyson & Mr. Cartledge on the subject of the troops being withdrawn from Elland; you will have the goodness to inform these gentlemen that it never was in contemplation to do so immediately, though eventually it may take place, & certainly will, if however circumstances are sufficiently favorable to admit of it—

It is therefore adviseable the Inhabitants of Elland should organize some system of [illegible] arrangement that may be fully adequate to the preservation order & tranquillity, & give themselves security & protection, & you will lose no opportunity of impressing this upon their minds, while circumstances are so favourable for their carrying such a system fully into effect.

Though it is still necessary you should be vigilant in your enquiries & observations, it is highly advisable you should leave the Country in a great degree to itself, that we may be enabled to judge of the temper & feelings of the people, you will therefore discontinue constant patroling & only send out such as you would do in ordinary times of quiet & tranquillity for the good order of your immediate neighbourhood, unless circumstances authorize greater activity & you have very strong & good reasons for occasioning your exertions which must be reported to me—

I have [etc]
Wroth P Acland

To
Lt Cooper
West Suffolk (militia)
Elland—

21st January 1813: The Gaoler of York Castle writes to the Home Offfice about the late executions

York Castle _ 21 Jany [1813]

Mr Beckett
Sir

I beg to Acknowledge the Receipt of your Letter this morning, from which I am sorry to find that no Information has been forwarded to Lord Sidmouth or Yourself relative to the Executions of the 17 Unhappy men, 14 of whom Suffered last Saturday, three also Suffer’d on Friday the 8th Inst for the Murder of Mr Horsfall, the Account given generally the Executions in the Publick Prints are nearly Correct, except in the Instance, where the Leeds Paper States that the three Murderers Confess’d their Guilt, they by no means did so for when the Revd G Brown the Chaplain urg’d them to Confess at the Fatal Tree, they requested him not to Put any Questions to them and they were Immediately launch’d into Eternity,—

As to the other 14 men, they all Confess’d their Guilt, and Acknowledged the Distress of their Sentence, and did all true penitents, from the time of that Awfull Sentence being pass’d upon them, they never Ceased from Using their last Efforts to Obtain forgiveness from God, And I have a pleasure in Adding that during the Course of 22 Years that I have been a Witness to Such Cases, I never Saw more Sincerity in Repentance of Prisoners, than in the last 14 who Suffered, the Immense Number of People that Attended upon that Occasion was great indeed.

Attendance of both Foot Soldiers, as also three Troops of Dragoons Added to the Solemnity of that Awfull Scene, and must also had a Serious and proper Effect upon the publick mind, and I trust and do most Sincerely hope that this sad (but necessary) Example will induce those wretched and Ill advised persons in the West Riding to Consider the fate of the late Comrades, and induce them to return to the parts of Peace & Honesty,—

As to any information given by the prisoners during the time they were under Sentence of Death, Nothing Whatever to my Knowledge transpired, except, the Robbery of Balm Mill near Cleck Heaton the prisoner James Hey Confess’d that he and J. Carter who was an Evidence for the Crown, was the two persons who did Commit that Robbery,—

Upon the liberation of Joshua Haigh a Soldier in the 51st Regt of Foot (which you will perceive by the Calendar) he Informed me that one of the Murderers with whom he had formerly Slept, had Communicated to him the place where a Quantity of Guns, &c &c were deposited, & Could be found in the Neighbourhood of Huddersfd, in Consequence thereof I spoke to Genl Maitland and he dispatch’d a party with Haigh in Search thereof, but whether or not they Succeeded in finding them I have not been Obliged to learn,

My Extra Care and duty have been for Sometime very laborius, as also Expensive to me – by Additional Servants &c, which I have Stated to Mr Hobhouse a few days Ago, and I Should hope will in Some Small degree be Consider’d, having I flatter myself fulfill’d my Office to the Satisfaction of Government and the County at large,

I Remain Sir with respect
Yr Obt Hble Sert
Wm Staveley

B—Since my Writing the above I have Seen the Revd. G. Brown, who informs me that during his Visits to those Unforte Men, he put this Important Question to them “viz — In this Society formed by you and others, was there, or not, any Persons of high Station in Life Connected,—the Answer was NO, the Reason of the Chaplain Asking that Question, was owing to the Circs of Some of those men having Money paid weekly to them, as my Report,—

W.S.

16th January 1813: Hymn - 'Behold the Saviour of Mankind'

Behold the Savior of mankind

Nailed to the shameful tree!

How vast the love that Him inclined

To bleed and die for thee!

Though far unequal our low praise

To Thy vast sufferings prove,

O Lamb of God, thus all our days,

Thus will we grieve and love.

Hark, how He groans, while nature shakes,

And earth’s strong pillars bend;

The temple’s veil in sunder breaks,

The solid marbles rend.

"’Tis done!" The precious ransom’s paid,

"Receive My soul," He cries!

See where He bows His sacred head!

He bows His head, and dies!

But soon He’ll break death’s envious chain,

And in full glory shine:

O Lamb of God! was ever pain,

Was ever love, like Thine?

Thy loss our ruin did repair;

Death by death is slain;

Thou wilt at length exalt us where

Thou dost in glory reign.

According to both Leeds papers, the Luddite John Walker led his 6 comrades in singing this hymn prior to their execution on Saturday 16th January 1813. The Leeds Intelligencer of 18th January 1813 said that the second group of Luddites hanged that day also sung the hymn.

The words to the hymn were written in 1700 by Samuel Wesley senior, the father of John & Charles Wesley, who went on to found the Methodist Church. The tune most closely associated with this hymn is 'New Britain' (the tune that accompanies 'Amazing Grace'), but this was first published in 1829, and is not contemporaneous with 1813. Another tune associated with the hymn is 'Martyrdom', written in 1800 by Hugh Wilson, and it seems most likely that this may have been the tune the Luddites sung the words to.

Examples of Methodist songbooks on the internet, the oldest being published in 1816, show a version of the hymn omitting the second and sixth verse.

15th January 1813: The condemned Luddites pray in the Chapel at York Castle

The York Herald of Saturday 16th January 1813 carried a brief article about the condemned Luddites on the night before their scheduled execution:

Yesterday, an appropriate discourse was delivered by the Rev. G.Brown, to the fourteen unfortunate prisoners who are to be executed this day, in which he energetically enforced the necessity of each of them preparing themselves for a future world; the text was from the 15th chapter of St. Paul’s 1st epistle to the Corinthians and the 33d verse,—“Be not deceived, evil communications corrupt good manners.” The behaviour of the criminals was truly becoming the unfortunate situation in which they were placed, and each evinced a degree of regret to the crimes they had committed. We cannot, however, omit mentioning, that many of their relatives, who were present in the Castle yard, were deprived admission into the Chapel, by order of the Magistrates.

15th January 1813: General Maitland tells General Acland that the burials of the condemned Luddites should be watched closely

York 15th Jany
1813.

Dear General

As the Bodies of the Culprits who are to be executed to morrow morning, will be delivered over to their friends after execution, it is advisable, that their Burial should be observed, and that proper Persons should be sent to watch their Proceedings.

This Caution had better be communicated to Huddersfield in particular, and to Rayne, Cooper, through Campbell to Leeds, and generally wherever these Men are Buried.

The Object of this, is not to prohibit their fair and decent Burial; but to ascertain as far as may be, the temper of the Country upon the Subject.

No military exertion can be made use of upon the occasion; but it is of eminent necessity, the People should understand we have a Watchful Eye, over all their Proceedings, & if any uncommon or unexpected Number, may be collected on any of these occasions, it is fitting, that they should not only know, we are watching their Motions, but that such undue Ceremony should be attended with a Patrole of Cavalry, to see that they immediately go quietly to their Homes—

I am
Dear General
T Maitland

[To] Major Genl. Acland
&c &c &c

13th January 1813: Major Raitt tells General Acland revelations from an informer

Wednesday [Evng]

My dear General

I send you on the other half Sheet a List of all the Prisoners with their Fates attached to them, 14 of them are to be executed on Saturday, next, Lumb is reprieved.

I have just received your Dispatch & will lay the applications before the General tomorrow morning. Haigh of the 51st is gone this evening in Charge of two Men to Huddersfield to find out a deposit of Arms told him by Mellor he slept with him in the Castle for 6 or 8 Weeks, he acknowledges (that is Mellor) to having fired at Hinchliffe not Schofield, Thorpe was present likewise, Mellor did not acknowledge the Murder of Horsfall, but did not deny it.

I was not in the [Court] after you left this, but as you are to be so soon here you will then hear all particulars, are you likely to close your Proceedings soon?

I remain
Yours truly
Much Obliged
[illegible] Raitt

[To: Major General Acland]

[13th January 1813]

13th January 1813: Henry Hobhouse dismisses the solicitors Lloyd & Allison to prevent them stirring up further trouble

York
Jan. 13. 1813.

Sir,

I deem it right to lose no Time in informing you that in Consequence of a Conversation which I had yesterday Evening, with Gen. Maitland, in which he stated his Intention to be to try whether the severe Example made at this place together with the Amnesty proposed on the part of the Government would not unable him to withdraw the Troops from the disturbed parts, & leave those parts to recover tranquility, from their Disaffection, I conceived it would be right to prevent the Effect of these measures being endangered by any Indiscretion on the part of the Attornies who have been employed for the Crown at Huddersfield. I have therefore taken upon myself to inform Mr. Lloyd & Mr. Allison that they cease to be employed from this Time, & that they are to take no Step whatever on the part of Government without express orders, for which however they are at liberty to apply, if they shall see occasion. If Lord Sidmouth should disapprove of these Directions, it will be easy to correct my Error; whereas any Contravention of the Views of His Majesty’s Ministers on the opposite side would not be so easily set right. I therefore hope I shall at last stand excused for the Orders I have given.

Inclosed I send you a Copy of a Letter from Mr. Cartwright to Mr. Blackburn the Attorney for the Prisoners, written in answer to an Application to sign a Petition, which is probably a Duplicate of one that I am informed went up to Lord Sidmouth last Night.

I am now on the point of quitting this Place, & remain

Sir
Your obedient
humble Servant
H. Hobhouse

[To] J Beckett Esq

13th January 1813: Henry Hobhouse informs the Home Office that Judge Le Blanc has denied the condemned Luddites mercy

Private
& confidential

York
Jan. 13.

Dear Sir,

Mr. LeBlanc has communicated to Park that after a very attentive [illegible] of the Cases they can discover nothin sufficient Distinction to warrant any Mercy except in the single Instance mentd in my official Letter.

Not one of the Prisoners denied his Guilt, when called on to say whr he had any thing to urge agst the Sentence. Yet I understand that Blackburn the Atty is handg abt a Petition for Signatures stating their Innocence of those who are convicted for Cartwright’s Affair.

I have enough to do to employ me here till tomorrow, & moreover am extremely well to day. But I hope to see you on Saturday

Park means to call on you on Friday.

Yrs &c
H Hobhouse

[To] J Beckett Esq

13th January 1813: General Maitland suggests to General Acland that a withdrawal of troops should be trialled

York
13th Jany
1813

Dear Acland

The Commission having enclosed here & having succeeded in every point beyond my most sanguine expectations I feel extremely inclined to give the Country a fair trial of itself in every way till we see the effect of it, & to withdraw as many of the out Parties as we can with prudence leaving the whole of the worst Parts distinctly to themselves. Without this measure we never can come to a fair knowledge of the real feelings of the People hitherto so deeply implicated, & I cannot conceive any circumstances more favorable for such a trial than the present.

If therefore you could without inconvenience come over here before you go to Huddersfield, we could in a Day arrange the whole of the Force, here, in Lancashire & Cheshire & the whole of the Borders and the sooner it is finally fixed after your Court Martial is ever the better.

Ever Your’s
T Maitland

[To] Major Genl Acland
&c &c &c

12th January 1813: Henry Hobhouse sends the result of the York Special Commission to the Home Office

York
Jan. 12. [1813]

Sir,

The Business of the Commission being concluded, I have the Honour to inclose from Lord Sidmouth’s Information a Calendar of the Prisoners, in which their several Sentences or their Modes of Discharge are noted. His Lordship will find the general Result to be that of 64 Prisoners

18 have recd Sentence of Death,
6 of Transportation for 7 Years,
17 capitally indicted, but discharged on Bail to appear & answer when required by the Crown.
2 admitted Evidence for the Crown.
13 discharged without Indictment
7 acquitted (4 of them by Consent)
1 has traversed to the next Assizes.

Of the 15 who have just received Sentence of Death, Mr. Baron Thomson intimated to only one of them any Hope of Mercy, viz. to John Lumb who was recommended by the Jury; & I understand that it is their Lordships’ to execute all the others either on Thursday or Saturday next.

I hope this Result of the Commission will meet the Approbation of his Majesty's Ministers; & as soon as I return to Town I will have the Honour of calling at Whitehall to answer any Enquiries which Lord Sidmouth may wish to make.

I have [etc]
H. Hobhouse

[To] J Beckett Esq

12th January 1813: William Cartwright reacts badly to a request to support a mercy plea for the condemned Luddites

York Jany 12th 1813

Sir

I have read with astonishment the petitions which you hand me.

It is impossible you can be ignorant of the conversation which passed with Mr. Wood. I cannot therefore with this feeling but express my Indignation that you shod attempt to foist upon me a Document which cou’d have no other effect than to [commit] my Character and in no degree benefit the Prisrs.

Can you reasonably think that the [ends] of Justice can be answered or the peace of the Country reestablished until the unhappy Prisoners either in their persons shall have intoned further crimes or by a full disclosure of their Guilt and all the circumstances connected with it shall entitle themselves to a hope that the Door of mercy may be opened to them

I can have none other than fulness of compassion for the unfortunate & misguided Men & I deplore as much as any man their Delusion but a sense of Duty only having guided me up to the present moment I cannot step out of that Line by interfering with the course of Justice until after the most satisfactory disclosure — you will then find be ready to aid you in the best manner I am able

I cannot enclosing this avoid sayg that the salvation of each of the Prisoners of his Innocence (after such a Trial as they had) was most ungracious and I do think the form of the present application indicates clearly enough a wish to affix upon me and odium as the prosecutor by a refusal to join in the petition which is unwarranted & to be reprobated

When such Circumstances may occur or may enable me to step forward as a Petitioner you will find me the foremost to address my humble prayers to his Roy Highness the mercy

I am
Your obt St
Wm Cartwright

I have Sent a Copy of this & the Petition to Mr Hobhouse who will hold it at yr Disposal

To
Mr Blackburn

12th January 1813: Baron Thomson passes sentence on the convicted Luddites

Ten days after the Special Commission at York had been opened, all the trials were over, and all that was left was for Baron Thomson to pass sentences on those who had been convicted:

John Eadon, John Baines the elder, Charles Milnes, John Baines the younger, Wm. Blakeborough, and George Duckworth, you, the several prisoners at the bar, have been convicted of an offence, which the wisdom of the legislature has made a felony. You, John Eadon, and John Baines the elder, are convicted of having administered to different persons an unlawful oath, an oath tending to bind the persons taking it (and intended by you that it should so bind them) to join in a society of persons to disturb the public peace, to observe secresy in that association, and never to declare what they should know respecting that confederacy. You, the other four prisoners at the bar, have been convicted of being present, aiding and consenting to the administering of that unlawful oath by the prisoner John Baines the elder; and your offence is of the same degree as that of the man who actually administered that oath.

In the course of the very serious investigations, about which we have been so long employed in this place, it has but too plainly appeared what have been the dreadful effects of such oaths so taken. They certainly have been the means of inducing many unwary persons to enter into these illegal associations, and to continue in them; the effect of which associations and of which engagements in support of them, has been such as we have unfortunately witnessed in the evidence laid before us in the course of these inquiries; they have tended to the disturbance of the public peace in the most populous manufacturing part of this county; they have induced large bodies of men to engage in the most tumultuous proceedings, to attack the houses, plunder the property, begin to demolish, the mills, and to destroy the machinery employed in those mills; nay, they have had the effect of going much further, and have even induced persons to proceed to the horrid crime of murder. Strictly speaking, the administering of these oaths does not make you in law accessaries to those offences; but still they must be heavy upon your consciences, if you have any sense of right or wrong remaining.

You, John Eadon, seem to have been long practised in so administering these oaths. To the person to whom you administered it, you gave instructions to get that oath by heart, that he might qualify himself to be the administrator of it; and to a person who called upon you shortly after you had so administered that oath, you fully explained to what it was intended to bind the parties, not scrupling to admit, that the intention of it was, to overturn the very government of this country.

You, John Baines the elder, have made it your boast that your eyes have been opened for three and twenty years; and you also declared your sentiments with respect to government, and with respect to no government, plainly (according to what we have collected (from the evidence) preferring anarchy and confusion to order and subordination in society.

Such is the offence of which you, the prisoners at the bar, stand convicted; and the punishment which the legislature has provided for that offence is certainly not a severe one, if we consider only what a profanation of religion it is, to make such s daring appeal to the Almighty to witness your desperate engagements, and what are the horrid consequences that follow from it. If the offence committed by one of you, that is, by John Baines the elder, of administering this oath, had been committed only two days later than it was, the administering of that oath would have amounted to a capital felony; for the legislature, seeing that the punishment was hardly sufficient for offences of such magnitude, have enacted, that to administer any such oath, whereby a person is held bound to commit any murder or other capital felony, shall itself amount to a capital offence. That act of parliament, however, did not take place till a day after you had committed this offence.

Under all these circumstances, we feel it our duty to pronounce that judgment upon you which the law has provided, and in the extreme in which it is provided. The judgment of the Court upon you, the prisoners at the bar, is, That you be severally transported beyond the seas for the term of seven years.

The prisoners capitally convicted being next put to the bar, and asked what they had to say, why sentence of death should not be passed upon them, prayed that their lives might be spared.

Mr. Baron Thompson.—John Swallow, John Batley, Joseph Fisher, John Lumb, Job Hey, John Hill, William Hartley, James Hey, Joseph Crowther, Nathan Hoyle, James Haigh, Jonathan Dean, John Ogden, Thomas Brook, John Walker, you, unhappy prisoners at the bar, stand convicted of various offences, for which your lives are justly forfeited to the injured laws of your country You have formed a part of that desperate association of men, who, for a great length of time, have disturbed the peace and tranquillity of the West Riding of this county. You have formed yourselves into bodies; you have proceeded to the most serious extremities against the property of many individuals. The cause of your so associating appears to have been, a strange delusion which you entertained, that the use of machinery in the woollen manufacture was a detriment to the hands that were employed in another way in it; a grosser delusion never could be entertained, proceeding probably from the misrepresentations of artful and designing men, who have turned it the to the very worst purposes which riot and sedition could produce. You have proceeded to great extremities. The first object, perhaps, seems to have been that of your procuring arms, in order to carry on your nefarious designs. With that view, it seems, that some of you went about inquiring for such arms at different houses, and getting them wherever you could find them.

But not stopping there, and not contenting yourselves with getting what arms you could lay your hands upon, you proceeded to plunder the habitations with a great degree of force, and took from them property of every description, which you could find in those houses. An offence of that nature is brought home, and sufficiently established against you the prisoners John Swallow, John Batley, Joseph Fisher, John Lumb, Job Hey, John Hill, William Hartley, James Hey, Joseph Crowther, and Nathan Hoyle.

You the prisoners, Job Hey, John Hill, and William Hartley, did upon the occasion, when you went to the house of your prosecutor, carry away certainly nothing but arms, but you carried them away with great terror, and under circumstances which were sufficient unquestionably to make him deliver what he had. The other prisoners, whose names I have last recited, have been concerned in breaking a dwelling-house in the night time, some of them getting notes, money, and other things; and the last prisoners, James Hey, Joseph Crowther, and Nathan Hoyle, for robbing a person in his dwelling-house.

The evidence, that has been given against you all, was too clear to admit of any doubt; and you have all been convicted of these offences upon the most satisfactory evidence.

You, the other prisoners, James Haigh, Jonathan Dean, John Ogden, Thomas Brook, and John Walker, have been guilty of one of the greatest outrages that ever was committed in a civilized country. You had been long armed and organized, you had assembled upon this night, when the mill of Mr. Cartwright was attacked; you had assembled at the dead hour of night in great numbers; you had formed yourselves into companies under the command of different leaders; you were armed with different instruments of offence, with guns, with pistols, with axes, and with other weapons; you marched in military order and array to the mill, which was afterwards in part pulled down; you began there your attack with fire-arms, discharged into that mill, and kept up a most dreadful fire, and at the same time applied the instruments, which you had brought there, of a description calculated to do the worst of mischief, in beginning to demolish the mill, intending, as it is obvious, to do also mischief to and to demolish the machinery which that mill contained. The cries and exclamations that proceeded from this riotous and tumultuous mob thus assembled, of which you formed a very powerful part, were such as were enough to alarm a man of less firmness than that man possessed, who was the owner of the mill so attacked. Your cry was, "Get in, get in, kill them all!" and there is but little doubt, it is to be feared, that if you had made good your entry into that mill, these threats would have been put into execution, and that the mischief done would hardly have been confined to the machinery which was there. The courage and resolution, however, which that individual displayed, had the effect of making you desist at that time from the attack, and two of your wretched companions paid the forfeit of their lives on that occasion.

It is but too manifest that it was the defeat of you and your other wicked confederates, that afterwards occasioned that fatal attack upon the person of another gentleman, by which he was assassinated and murdered. It was upon that occasion that the plan of that assassination was laid, and too fatally put into execution. The persons immediately concerned in that murder hare suffered the punishment which the law inflicts, and a similar fate is about to await you, prisoners at the bar.

There is one of you, John Lumb, who have received a recommendation from the jury in your favour. A discriminating jury thought that they have seen circumstances in your case, which distinguished it from the case of the rest of your fellows in that indictment; and they have, in their wisdom, recommended you to mercy. It is possible that that mercy may be shewn to you, upon a representation elsewhere, and it is possible that your life may be spared. Whatever becomes of you after that, it is to be hoped and trusted, if that mercy should be extended to you, that you will make a proper use of it.

For the rest of you, prisoners, I wish I could discover any circumstances in your cases, that would at all warrant us in raising an expectation that the sentence which is about to be pronounced can be mitigated. It is of infinite importance, however, that no mercy should be shewn to any of you, the other prisoners. It is of importance also, that the sentence of the law for such evil works should be very speedily executed; and it is but right to tell you, that you have but a very short time to remain in this world. It is to be hoped that the forfeit of your lives, which you are about to pay, may operate as an example to all who have witnessed your trial and your condemnation, and to all without these walls, to whom the tidings of your fate may come, to be cautious how they engage in any such illegal confederacies, as you have unfortunately entered into. For they may rest assured, that it never will be in their power to say (and they will learn that from your sad example) "Hitherto will I go, and no further." They cannot stop in that career, in which they shall have once engaged, till death shall overtake them, in the shape of punishment.

In the awful situation in which you, prisoners, stand, let me seriously exhort you to set about the great work of repentance, and to spend the very short time that you must be allowed to remain in this world, in endeavouring to make your peace with your God, and to reconcile him by deep repentance. A full confession of your crime is the only atonement you can make for that which you have committed. Give yourselves up to the pious admonitions of the reverend clergyman, whose office it will be to prepare you for your awful change; and God grant, that, worthily lamenting your sins, and acknowledging your wretchedness, you may obtain of the God of all mercy perfect remission and forgiveness.

Hear the sentence which the laws of man pronounce upon your crimes. The sentence of the law is, and this court doth adjudge, that you, the several prisoners at the bar, be taken from hence to the place from whence you came, and from thence to the place of execution, where you shall be severally hanged by the neck until you are dead. The lord have mercy upon your souls!

Thirteen other prisoners were discharged by proclamation, there being no indictment against them. This was because the prosecution had decided not to proceed, deciding they had been 'controlled' by others. They were: Joshua Haigh (aged 27), John Shore (32), William Whitehead (26), Cornelius Hobson (19), Benjamin Siswick (25), Thomas Green (31), William Hanson (25), Mark Hill (26), George Rigge (29), Charles Cockcroft (19), John Walker (of Salford, West Yorkshire, 22), James Dyson (21), and Samuel Harling.

The two accomplices, Benjamin Walker and Joseph Carter, who were admitted evidence for the Crown, were also discharged by proclamation.

John Lumb was later pardoned from his death sentence, on condition that he was transported for life.