D. RYDER, 14 Oct., 1751.
[Endorsed] The n.o.blemen & Gentlemen in the Neighbourhood of Henley upon Thames, and the Mayor & princ.i.p.al Magistrates of that Town to the Duke of Newcastle.
Oct. 14th, 1751.
For your Opinion hereon.
Mr. Attorney General.
3 Gs. Sharpe.
V. LORD HARDWICKE TO THE DUKE OF NEWCASTLE.
(B.M. Add. MS. 32,725, f. 259.)
Wimple, Oct. 9th, 1751. 4 o"clock p.m.
Dear Cousin,-- ... I enclose the Representation of the n.o.blemen etc., in the Neighbourhood of Henley relating to the issueing a Proclamation for the apprehending of Lieut. Cranstoun. It is impossible for me to judge whether this is a proper Case for issueing such a Proclamation, without seeing the Examinations & proofs of his Guilt, & of the probability of his having fled for it.
But, if there is proper Evidence of his Guilt, & a probable one of his Flight, I think it is a just foundation to issue such a proclamation in so flagrant a Case. I submit to My Lord Duke whether he will not think it proper to refer the Papers to Mr. Attorney General....
I am, etc.,
HARDWICKE.
VI. EARL OF MARCHMONT TO DUKE OF NEWCASTLE.
(B.M. Add. MS. 32,725, f. 291.)
Redbraes Castle, 15th Oct., 1751.
My Lord,--In obedience to your Grace"s commands to the Lord Justice Clerk, informing him it was His Majesty"s pleasure, he should enquire upon oath into the conduct of Mr. Carre of Nisbet advocate, our Sheriff, in relation to the apprehending of Mr. Cranstoun; I yesterday waited on his Lordship at Duns; & gave him an account of what I knew of that matter upon oath. I heard some other examinations taken at the same time, & have the pleasure to see that your Grace will receive entire satisfaction from this Inquiry.
I cannot omitt My Lord, upon this occasion expressing to your Grace the grateful sense all his Majesty"s faithful subjects here have of your goodness in ordering this enquiry to be made, without which the misrepresentations contained in Lowe"s affidavit, with the Justice of peace"s Commentary, might have lurkt & crept about un.o.bserved in the South of England, & his Majesty"s subjects here could have had no opportunity of removing the injurious imputations cast upon them.
My Lord Justice Clerk has spared no pains to make the account compleat, and it gives me particular pleasure My Lord that your Grace will thereby be enabled to form a character of Mr. Carre from vouchers free from all suspicion of that partiality which perhaps might be thought to attend my recommendations of a friend & relation. Your Grace will see that Mr. Carre came from his own house with the Lord Justice Clerk, in his Lordship"s post-chaise, to dine, by a previous appointment, at my house, which is only distant from his own half an hours driving; & this in order to have the advice & a.s.sistance of the Lord Justice Clerk. I am persuaded your Grace will think, you could not have wished him to choose a more judicious adviser, or a more sagacious Inspector into his conduct. Upon examination your Grace will find, that the Lawyers here will reckon Mr. Carre rather to have stretched a point to get over the provision in our Act of Parliament, in order to grant his Warrant, than to have affected any doubt, or dilatoriness upon the occasion. And that those Scots Lawyers who have not studied our Law with the same superiority of capacity & genius that Mr. Carre has, would hardly have consented to give a Warrant, upon the grounds Mr. Carre granted it....
I am, etc.,
MARCHMONT.
Duke of Newcastle.
VII. DUKE OF NEWCASTLE TO MR. PAUNCEFORT.
(Sate Papers, Dom. Entry Books (George II.), vol. 134, f. 97.)
Whitehall, Oct. 31st, 1751.
Mr. Pauncefort,
Sir,--Having by His Majesty"s Command, directed an Enquiry to be made into the Conduct of Mr. Carre, the Sheriff of Berwickshire, upon the application that was made to him for causing Lieut.
Cranstoun to be apprehended; and such an Enquiry having been accordingly made by the Lord Justice Clerk; I send you inclosed a Letter, which I have received from His Lordship together with the several Examinations that have been taken upon that occasion.--I am, etc.,
HOLLES NEWCASTLE.
_P.S._--I send you the original Papers above mentioned, which you will be pleased to return to me as soon as may be.
VIII. MR. PAUNCEFORT TO DUKE OF NEWCASTLE.
(B.M. Add. MS. 32,725, f. 380.)
Early Court, Nov. 7th, 1751.
My Lord,--I have had the honour to receive from your Grace, the Lord Justice Clerk"s Letter, and the Examinations that have been taken in persuance of an Enquiry made into the conduct of Mr. Carre the Sheriff of Berwickshire, upon the application that was made to him for causing Lieutenant Cranstoun to be apprehended, & I should have acknowledged the receipt of them by the last Post, but I did not return from a Commission of the Navigations, held at a remote part of the county, till Wednesday.
I have in consequence sent an Express to the Earl of Macclesfield, to desire a meeting of the Corporation & the neighbouring Gentlemen of the County of Oxford at Henley; in order to lay before them the several Examinations; and its a particular Happiness to me that I am in this instance employed to represent to the Gentlemen of the County the Watchfulness & unwearied attention of the Crown to the vigorous Execution of the Laws, by having ordered this strict & immediate Enquiry to be made into the suspected Neglects & Delays of the Sheriff, tho" grounded upon a single Information; as likewise that I am made instrumental in the justifying as well as accusing the Conduct of the Sheriff; That the complaints of the Messenger were without any foundation; & that every thing was done by the Sheriff that was consistent with a cautious Magistrate.
I shall in obedience to your Grace"s commands return the Examinations to you.
I am, etc.,
EDWD. PAUNCEFORT.
IX. MR. WISE TO MR. SHARPE, SOLICITOR TO THE TREASURY.
(State Papers, Dom. (George II.) Bundle 116, No. 36.)
[No date.]
Sir,--I was favoured with yr two last letters, and also with yr answer to my letter of the 24th Novr. last, wch I acknowledged in another letter wch I wrote to you from Mr. Aldworths at Stanlake, wherein I gave you an Acct. of a Threatening Letter from Cranstoun to Betty Binfield, and wch I find you had sent up to you by Lord Macclesfield. On Receipt of your last I set out yesterday morning to Ld. Macclesfields, where I lay, and came this day to Oxford, and immediately on my arrival went to the Castle where I found Miss Blandy with the very same Iron on her Leg wch I saw rivetted on myself when last here, and wch I now believe has never been off since, for her leg is considerably swelled, and the Red Cloth wch was round the Iron before has been cut off to give her room, but it is still so close, as renders it impossible to be slipt over her Heel. I also find by what I saw myself and by the Report of a Gentleman or two in whom I can confide, that Wisdom has kept a much stricter Guard over Miss Blandy ever since I was here before than he used to do, and that she has not been permitted to walk in the Garden once since. However I repeated the contents of your letter to him, and remonstrated how very absurd it wd be in him now, not to continue ye strictest watch over a person whose Trial will be made a Matter of so great Consequence to the Publick, and on whose safe custody, for that purpose, his future character & Livelihood would intirely depend. I also sent for Mrs. Deane (the person who is with Miss Blandy) into the Room with Wisdom, and told her that it would be impossible for Miss Blandy to make an Escape without her Privity & a.s.sistance, and that if such a thing shd happen, not only the Goaler wd be answerable for what ever Act she did towards it, But that she herself wd also be imprisoned for Life etc, so that upon the whole I dont imagine there is now any fear of her making her escape. Parson Swinton is very angry wth the Freedom the letter writer has taken with (his) name, and is endeavouring to find out the Author of that and many other Reports of the same kind. It is owing to his Credulity of her Innocence, that these Jokes have been spread, and I find that he is a great favourite of Miss Blandy"s. I will endeavour to get the Briefs settled in the best manner I am able and as soon as I have done, will send you a copy, and am--wishing you many happy years.
Sir,
Yr Obliged humble Servt.