I have said all this upon a supposition that the Informations & Examinations lay a sufficient foundation for a Prosecution, for I have not seen any Copies of them. If they do not, id neo dictum esto. But there your Grace will be pleased to refer to Mr. Attorney or Mr. Solicitor.

There is another matter arising upon the enclosed Papers, which ought not to pass without some notice; and that is the behaviour of Mr. Carre, the Sheriff-Depute of Berwickshire,[[15] ] and of Richard Lowe, the Mayor of Henley's Messenger. The Sheriff-Depute's letter contains a strong Charge against Lowe, & Lowe in his examination, swears several odd circumstances relating to the Sheriff-Depute, & to some relating to himself. Mr. Carre is a Gentleman of good Character, but this matter deserves to be enquired into; and I submit it to your Grace whether it may not be advisable to transmit copies of Lowe's Examination, & of these Letters to my Lord Justice Clerk,[[16] ] that he may, in a proper manner enquire into the facts, & take such Examinations upon Oath, as he shall think fit. This will tend to Mr. Carre's Vindication, if he has done his Duty. If there are any material circumstances against Lieut. Cranstoun, some further enquiry should be made after him.

Forgive me for adding one thing more—that it should be pointed out to Mr. Attorney to consider whether the crime of the Daughter, who, as I apprehend, lived with & was maintained by her Father, may not be Petty Treason.

I am, always, etc.,

HARDWICKE.

II.—LORD HARDWICKE TO DUKE OF NEWCASTLE.
(B.M. Add. MS. 32,725, f. 218.)

Private.

Wimple, Sept. 27th, 1751.

My Dear Lord,—I have reserved for this private letter a few words relating to Dr. Rooke's affair.... But before I enter into that, permit me to make an observation upon the extraordinary method, which was taken to apprehend Lieut. Cranstoun. I see, by the dates, that the Informations must have been sent up to the Office when Your Grace was in Sussex, & therefore the affair did not come before you. But surely the right way would have been to have sent a Messenger, with the Secretary of State's Warrant. That might have been executed with Secrecy, whereas, in the other method, so many persons must be apprized of it, that he could hardly fail of getting notice. Tho' the Crime was not Treason, nor what is usually called an offence concerning the Government; yet being of so black a nature, & the Fact committed within the Jurisdiction of England, & the Person charged being then within the Jurisdiction of Scotland, it was a very proper case for bringing him up by a Secretary's Warrant, which runs equally over the whole Kingdom. I say this to Your Grace only, & beg it may not be mentioned to anybody. But the circumstances may be worth your enquiring into; for I have heard the thing spoken of accidently in conversation; & if Cranstoun got off at the time Lowe supposes, it may create some clamour. May not this be a further reason for the Government shewing a more than ordinary attention to ye Prosecution?