Page:The Wentworth Papers 1715-1739.djvu/484

 466 THE WENTWORTH PAPERS.

Franklin and the foreman of the Jury made exceptions to't, that the Court was forced to give it up. The late act of Parliament for the better regulation of juries was strong against them. They tell me a talis man is, there is always a number of men in the court that are qualified to be jurymen, they put their names into a glass and one is drawn out, who is not to be excepted against, either by the King or defendant. The foreman's objection to that method was that they might happen upon one that was not a gentleman, and as he was impanneled to be of a special jury of all gentlemen, he could not act if it was otherwise. Who are to be reckoned gentle- men here in England seems to be a nice question. I think the law determined them to be so that have a treehold estate in land, and no tradesman. Mr. Scraot was among the forty eight before they were reduced to 12, but he was objected to as being no gentleman, for he has no land nor any mony, but ten thousand he had for the sale of his daughter

Miss S. Franklin's counsel were all voluntiers, for they

wou'd take no fees of him. He was attended by a great many lords and gentlemen, Lord Winchelsea, Lord Bathurst, Sir William Windham, Sir Thomas Sanderson, William Poultney, Esq'", cum multis aliis. As soon as these persons were got out of Westminster Hall, the mob gave them a huzza, and cry'd " a Poultney and liberty for ever." Mr. Poultney seem'd modestly to desire the mob to forbear their shouts, but if he had not been pleased with it what business had [he .''] there } 'Tis amazing these people will call it a victory when their fatal sentance is only delay'd for three months. Franklin

had the impudence to subpoena Sir R. W and Horace

his brother, neither of which intended to come ; the penalty of not coming is a 100 (sic) paid to the King, which to be sure wou'd have been given them back again, but Franklin will have an opportunity to plead, his cause suffers for the want of tv/o matterial witness ; he denies that their being ministers of state is a lawfull excuse for their not appearing as witnesses, for Lord Townshend and General Stanhope were witnesses for the King against Francis the jew, and the sub- ject has as much right to subpena witnesses as the King has.

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