case the queen against best and other a indictment for conspire to charge a  man with be the repute father of a bastard child need not aver that the person  charge be not the father but the order of filiation while unreversed be  conclusive evidence of his be the repute father S C ante SC salk SC holt S C  ld ray SC ld ray the defendant be indict for that they be idle scandalous and  wicked person in order to oppress and defame one Peter Pickering and to get  unto themselves unlawful gain of money from the say Peter Pickering do falsely  badly wickedly c conspire contrive and agree among themselves falsely to  charge the say Peter Pickering with be the father of a bastard child with who  they pretend one Elizabeth church to be then big and that in pursuance thereof  they do falsely affirm he to be the father of it upon demurrer now Brotherick  take exception first that it be not aver where in fact he be not the father of  it or where in fact the say Elizabeth church be not then with child and that  it be essential necessary to the maintain such indictment to aver that the  party be innocent   a a and it be so far from be false that he be the father  of the child that he be adjudge to be so by the justice of peace and order to  maintain it and if this be a indictment for perjury for false swear that a  deed be execute by such a party without say where in fact no such deed be  execute the word false will not even by intendment import that the deed be not  execute but only that the party that swear it be a false person general and if  issue be take that be do not false affirm it the affirmation and not the  falsity will not be triable do you contra the indictment be ground mere upon  the conspiracy to charge false and this conspiracy with the subsequent false  affirmation be sufficient to maintain the indictment within the express  resolution of the poulterer case holt chief justice though a conspiracy to  charge false be indictable yet the party ought to show himself to be innocent  for people may lawful meet and contrive and agree to charge a guilty person  and to say that they meet and agree to charge false perhaps will not be enough  without show the foundation of the falsity videlicet the party innocence and  here if the defendant have plead not guilty they must have be acquit for the  order of two justice stand modern in force will have conclude Peter Pickering  from give evidence of his innocency Brotherick take another exception  videlicet that it do not appear that any thing be do in pursuance of the  conspiracy and that also ought to appear accord to the poulterer case   more a  do you contra to show that a false conspiracy without further act of pursuance  be indictable quote side leo and the case be speak to again this term Montague  for the defendant urge that it ought not only to appear that the accusation be  false but that it be before a lawful magistrate otherwise it can not be a  legal accusation second and if this be a writ of conspiracy it will not have  lie before a acquittal and then there will be no deed of a averment of the  party innocence because the acquittal will tantamount and be insist that if  this have be for perjury there must be a averment that the matter swear be not  true and that the falsely will not serve and for that be quote the case of the  king v Griepe and he take a diversity between a conspiracy and a confederacy  the one must be in judicial proceed the other may be in pais see the statute  Edward c b but this indictment be for a conspiracy but on the other side be  quote a precedent out of west west precedent page S which Powell justice say  be a pretty judicious book but holt chief justice say that there be many bad  precedent in it see ld ray c agree with this modern er p it be for conspire  false to charge one with felony without any averment that he be innocent in  the yearbook Edward pl d a conspiracy lie in one place to charge with a fact  in another county and the venue come from the county where the conspiracy be  lie holt chief justice your case of perjury be not like this for there the  crime mere consist in the fact swear and the matter be indifferent until the  averment of where in fact come but here be a confederacy to charge a man  falsely badly wickedly c and though the word confederaverunt be not in yet  there be the word machinaverunt et aggregaveru which be as full this indeed be  not a indictment for a form conspiracy strict speak which require a infamous  judgement and loss of liberan law as upon conviction on a attaint and for  which a indictment will not lie until acquittal or a ignoramus find fisher v  Bristol dougl wicks v Fentham term Rep a but this seem to be a conspiracy late  to speak or a confederacy to charge one false which sure without more be a  crime see king v spragg burr b and it be a crime for several people to join  and agree together to prosecute a man right or wrong if in a indictment for  such confederacy you proceed further and show a legal prosecution of the  confederacy there you must show the event thereof as ignoramus return on the  indictment or a acquittal or else the indictment fail but where you rest upon  the confederacy it will be well without more and it seem to the whole court  that the very agree together to charge a man with a crime false be a  consummate offence and indictable and as to the want of aver his innocence  every modern man be presume innocent until the contrary appear and the falsely  strong imply his innocence indeed if the truth have be that there be a woman  with child and the parish likely to become Chargeable and the defendant be  parishofficer have meet to inquire and find out the father to save the parish  harmless and upon such a occasion shall upon their information charge this  Peter Pickering to be the father and the indictment have be for that they must  have be acquit and though all the court be clear for the queen yet at the  importunity of Brotherick they let it pass over until the next term and in the  Trinity term after judgement be give for the queen for it be a conspiracy to  charge one false with fornication which though it be no crime at commonlaw be  punishable in the spiritual court and a confederacy false to charge with a  thing that be a crime by any law be indictable and the confederacy be the get  of the indictment per totan curian