“It is so inuiolable a practice in law that the indiudual jurors and jury that is charged with the deliuerance of a prisoner in a capital case and on whom the prisoner puts himself or herself to be tryed must try 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be condemned and executed out of due form of law it is inditable against them that do it for in such case the law is superseded by arbitrary doings.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 enof, those that will make witchcraft of such things will make hanging work apace and we are informed of no other but such as these brought against this woman.
“These in brief are our reasons for repreueing
this prisoner.
May 12th, 1693.
SAMUELL WILLIS.
WM PITKIN
NATH STANLY.