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 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them that do it for in such case the law is superseded by arbitrary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.
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