(Above in handwriting of Rev. Timothy Woodbridge.) "Filed: Reasons of Repreuing Mercy Desbrough.
"To the Honrd Gen: Assembly of Connecticut Colony sitting in Hartford. Reasons of repreuing Mercy Disbrough from being put to death until this Court had cognizance of her case.
"First, because wee that repreued her had power by the law so to do. Secondly, because we had and haue sattisfying reasons that the sentence of death passed against her ought not to be executed which reasons we give to this Court to be judge of
"1st. The jury that brought her in guilty (which uerdict was the ground of her condemnation) was not the same jury who were first charged with this prisoners deliuerance and who had it in charg many weeks. Mr. Knowles was on the jury first sworn to try this woman and he was at or about York when the Court sate the second time and when the uerdict was given, the jury was altered and another man sworn.
"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 9it 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be condemned and executed out of due form of law it is inditable against them that do it for in such case the law is superseded by arbitrary doings.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.