it and they only that al the presidents in Old England and New
confirm it and not euer heard of til this time to be inouated. And yet
not only president but the nature of the thing inforces it for to these
juors the law gaue this power vested it in them they had it in right of
law and it is incompatible and impossible that it should be uested in
these and in others too for then two juries may haue the same power in
the same case one man altered the jury is altered.
"Tis the birthright of the Kings' subjects so and no otherwise to be
tryed and they must not be despoyled of it.
"Due form of law is that alone wherein the ualidity of verdicts and
judgments in such cases stands and if a real and apparent murtherer be
condemned and executed out of due form of law it is inditable against
them that do it for in such case the law is superseded by arbitrary
doings.
"What the Court accepts and the prisoner accepts differing from the law
is nothing what the law admitts is al in the case.
"If one jury may be changed two, ten, the whole may be so, and solemn
oathe made uain.
"Wee durst not but dissent from and declare against such alterations by
our repreueing therefore the said prisoner when ye were informed of this
business about her jury, and we pray this honored Court to take heed
what they do in it now it is roled to their doore and that at least they
be well sattisfied from able lawyers that such a chang is in law
alowable ere this prisoner be executed least they bring themselues into
inextricable troubles and the whole country. Blood is a great thing and
we cannot but open our mouths for the dumb in the cause of one appointed
to die by such a uerdict.
"2dly. We had a good accompt of the euidences giuen against her that
none of them amounted to what Mr. Perkins, Mr. Bernard and Mr. Mather
with others state as sufficiently conuictiue of witchcraft, namely 1st
Confession (this there was none of) 2dly two good wittnesses proueing
som act or acts done by the person which could not be but by help of the
deuill, this is the summe of what they center in as thair books show as
for the common things of spectral euidence il euents after quarels or
threates, teates, water tryalls and the like with suspitious words they
are al discarded and som of them abominated by the most judicious as to
be conuictiue of witchcraft and the miserable toyl they are in the Bay
for adhereing to these last mentioned litigious things is warning e
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