case Saville against roberts Trinity term will roll see S c post wren v wield  l r Q b quartz hill gold i company v Eyre Q b d mogul sacred scripture company  v mgregor go company Q b d Walters v green Ch a action on the case will lie  for false and malicious procure the plaintiff to be indict for a riot S c post  S c salk S c Carth S c salk S c ld ray S c Mod S c holt S c ld ray the now  plaintiff be indict for a riot and acquit and he bring a action on the case  against the defendant for that such a day in such a year he do false and  malicious procure the plaintiff to be indict c and have judgement in the  common plea and now a writ of error be bring to reverse the same the question  be whether a action will lie for cause another malicious to be indict of a  trespass see note a to a Anonymous case Mod a it be insist that the judgement  be well give and ought to be affirm it must be admit if the indictment be not  good the action will fail because the party be not fixed by law modus  acquietatus Inst b but there be no such objection here for it be not pretend  but that the indictment be good both in substance and form the most material  objection be that a man shall not be sue or vex for prosecute the king writ it  be true that it be lawful to prosecute such writ but though the suit be legal  yet if it be for a thing which be false and know to be so even by the  plaintiff himself a action will lie against he for his unjust vexation and  malice and this be the opinion of my Lord Hobart in give judgement in the case  of freeman v waterer hob c it be a action on the case for a double execution  judgement be give for the plaintiff though he be not twice charge with the  damage for the good levy by the first execution remain in the sheriff hand pro  diminution buyer but he be malicious vex the second time it be the malice that  be the foundation of all action of this nature which incite man to make use of  law for other purpose than those for which it be ordain modern action on the  case be frequent bring for sue without any cause of action and it be never  allow to say that the plaintiff have a sufficient recompense by cost obtain by  such suit for those be but expenditure lawsuit it be the unjust trouble and  vexation which entitle he to the action it lie for malicious prosecute one in  the ecclesiastical court and cause he to be excommunicate in which cause this  very objection be make that a man shall not be punish for prosecute the king  writ and it be also object that a action will lie for false indict a man for a  trespass yet the court be of opinion that a citation ex duty prosecute with  malice be a sufficient ground for the action a action on the case in the  nature of a conspiracy will lie against two for conspire a false indictment  and by the same reason a action will modern er p lie where one alone cause  another to be indict falsely et wickedly and this seem to be the ancient law  for in the reign of Edward the three a bill of conspiracy be allow in the  court to be bring by he who be indict of a common trespass and acquit a the  court be of opinion that the action be well bring and the judgement of the  common plea be affirm S c post a