to evidence. So that they are Judges, Juries, and parties, (& for ease of their tender consciences (without any Oath of Indifferency. A most excellent Compendium of Op∣pression. They may go to the Devil for injustice, and not be forsworn. Great is the priviledge of the godly.
7. The prisoner may except against his Jurors, either a∣gainst the Array, if the Sheriff or Bayly impannelling the Jury, be not wholly disingaged and indifferent, both to the cause, and to the parties, prosecuting, and prosecu∣ted; or against the Poll, he may challenge 35 peremptorily, & as many more as he can render legal cause of challenge for. As for defect of estate, or other abilities, or for partia∣lity, Disaffection, Engagement, Infamy. But this Array of Jury-men Judges (a Medley so new we know not how to express it) though picked and empannelled by an en∣gaged remainder of the Commons, and abnoxious to all exceptions, must not be challenged, their backs are too much galled to indure the least touch. Take heed you scandal not the Court (cries Mr. Atturney) See Col. An∣drews three Answers.
8. Many exceptions in a legal Trial, are allowed a∣gainst Imperfections, Ʋncertainties and Illegallities in the Bill of Endictment, for the advantage of the Priso∣ner. But no Exceptions are allowed against these ille∣gal Articles of Impeachment, which are made uncer∣tain, intricate and obscure and ambiguous purposely to puzle, confound and entangle the Respondent.
9. By the Law a bill of Endictment must have two full and clear lawful witnesses to every considerable Matter of Fact, both at finding the Bill and at the Trial. Cooks 3. Instit. pag. 25, 26. And Probationes debent esse luce clariores. Proofs must be as clear as the Sun, not groun∣ded upon Inferences, Presumptions, Probabilities. And the Prisoner must be Provablement Attaint, saith the