case the king against Burnaby the court will not grant a certiorari to remove  a indictment of murder from Wales on the prosecutor affidavit that he be  inform by his solicitor that the defendant have make present to the gentleman  of the county but on full and clear evidence of probable partiality the trial  shall he have in the next English county upon a motion for a certiorari to  remove a indictment for a murder commit in anglesea upon a affidavit that the  prosecutor fear some partiality in Wales and therefore that it may be try in  the next English county for the defendant be bail and have make some valuable  present to the gentleman of that county as the prosecutor be inform by his  solicitor a rule be thereupon make for the defendant to show cause why a  certiorari shall not go at another day it be show for cause that if trial  shall be remove out of Wales into the next English county upon such uncertain  allegation there can never be any trial there and first as to say he be bail  that can be no reason for the prosecutor to fear any partiality for the  defendant be bailable by law because by the coroner inquest the fact be only  find chancemedley and as to the present make to the gentleman of the county  the affidavit be only that he be tell so by his solicitor who probable may  tell he what be false therefore he ought to make a positive oath of that  matter otherwise a certiorari shall not be grant beside in this case both the  prisoner and the decease be native of holland and have no manner of interest  in Wales so that there be no colour to fear any partiality but that justice  will be equal distribute the court where there be a just reason to induce the  court to believe that partiality will be show on either side there the  indictment shall be remove into a English county but the truth of that matter  will be suspect where it be upon the motion of either the prisoner or  prosecutor and in such case there must be a full and clear affidavit to induce  the court to grant a certiorari but where it be at the instance of the  attorneygeneral in behalf of the crown it shall be grant without a affidavit  therefore this rule shall be set aside for want of a sufficient affidavit but  the prosecutor shall have leave to move it again upon a better