coke b the poulterer case where several combine to charge a man with robbery  and to cause he to be indict c and in execution of their conspiracy they cause  he to be apprehend c and to be bind to appear at the assize and then they  prefer a bill of indictment for robbery against he which indictment be ignore  by the grand jury the party so grieve may have a action against they resolve  at the commonlaw one imprison for the death of another c when prima fancy by  the law he be not bailable may have a writ de hatred et atia direct to the  sheriff that he c shall inquire if the prisoner be detain in prison hatred et  atia or whether he be guilty of the offence if upon the say writ de hatred et  atia the jury find he not guilty a writ de to put down ballium issue to the  sheriff which writ recite the inquisition and command the sheriff to bail he  if he shall find twelve sufficient bail of the county No writ of conspiracy  lie unless the party be indict and lawful acquit but a false conspiracy be  punishable although nothing be put in execution note confederacy punishable by  law before they be execute ought to have four incident the confederacy ought  to be declare by some manner of prosecution either by make bind or promise one  to the other it ought to be malicious false voluntary SC more mich James king  the case between stone plaintiff and Ralph water Henry bear I Woodbridge and  many other poulterer of London defendant for a combination a Cr car Inst roll  Rep Bulst Jones latch hut bendl palm roll hard Inst a confederacy and  agreement betwixt they false and malicious to charge the plaintiff who have  marry the widow of a poulterer in Gracechurch street with the robbery of the  say Ralph water suppose to be commit in the county of Essex and to procure he  to be indict arraign adjudge and hang and in execution of this false  conspiracy they procure diverse warrant of justice of peace by force whereof  stone be apprehend examine and bind to appear at the assize in Essex at which  assize the defendant do appear and prefer a bill of indictment of robbery  against the say plaintiff and the justice of assize hear the evidence to the  grand jury open in court they perceive great malice in the defendant in the  prosecution of the cause and upon the whole matter it appear that the  plaintiff the whole day that water be rob be in London so that it be  impossible that he commit the robbery and thereupon the grand inquest find b  Jones vent salk b ignoramus and it be move and strong urge by the defendant  counsel that admit this combination confederacy and agreement between they to  indict the plaintiff to be false and malicious that yet no action lie for it  in this court or elsewhere for diverse reason because no writ of conspiracy  for the party grieve or indictment or other suit for the king lie but where  the party grieve be indict and fixed by law modus coke a acquietatus as the  book be a f n b d a f n b coke report b er p b e a e b e conspiracy ass p h h  e c every one who know himself guilty may to cover their offence and to  terrify or discourage those who will prosecute the cause against they surmise  a confederacy combination or agreement betwixt they and by such mean notorious  offender will escape unpunished or at the least justice will be in danger of  be pervert and great offence smother and therefore they say that there be no  precedent or warrant in law to maintain such a bill as this S but upon good  consideration it be resolve that the bill be maintainable and in this case  diverse point be resolve that at the commonlaw which not only favour the life  but also the liberty of a man and freedom from imprisonment when a man be  imprison pro death man c where prima fancy by the law he be not bailable and  ne detineator day in prison know till the come of the justice in eire as  appear by the statute William cap h the prisoner in such case may have a writ  de b Inst h a Stamf pi cor b b hatred et atia direct to the sheriff quod c  Inst vide king f b c assumpsit secun jailer to please Coron in plene county  per sacrament estimable of man c examine utrum a capacity holding back in mask  c pro morae W unde rettatus I to call to account be rettatus sit hatred alian  a eastern quod ind worthy of blame sit si hatred et atia tunc quo hatred et  atia c nisi appellee to be in person justice our men ultimo itinerantibus in  birth strike against et pro hoc capacity imprisonatus c by which it appear  that if the prisoner be indict or appeal and by force thereof imprison the say  writ be but a surmise lie not against the say matter of record it be to be  observe that if upon the say writ de hatred et ata the jury find he not guilty  yet the sheriff with the coroner or any of they can not bail he but then shall  issue forth a writ de to put down in ballium to the sheriff which writ recite  the inquisition by which the prisoner be find not guilty or that he do it see  to ward off et non per felon ex ill will precogitata well per misfortune flute  prcipimus quod si prd a to come upon flute Probus et regales man de commit tuo  c who the dawn manucapiant to have in person justice our men ad chiefs assisam  etcetera ad to stand etcetera tunc Self a etcetera prd interim to give up in  ballium by which it appear that in such case the sheriff without a writ can  not bail he nor bail by writ under the number of person who will bail he coke  b vide great Charta cap W c glouc c W c but now this writ de hatred et atia be  take away by the statute of e c vide registr where above Stamf pi cor g vide  Bracton lib b it be to be observe that there be mean by the commonlaw before  indictment to protect the innocent against false accusation and to deliver he  out of prison and as odium in the say writ signify hatred so needle or atia  signify malice because ill will be acid substances I eager sharp and cruel and  it be true that a writ of conspiracy lie not unless the party be indict and  fixed by law modus acquietatus for so be the word of the writ but that a false  conspiracy betwixt diverse person shall be punish although nothing be put in  execution be full and manifest in our book and therefore in ass p in the  article of the charge of enquiry by the inquest in the king bench there be a  notam that two be indict of confederacy each of they to maintain the other  whether their matter be true or false and notwithstanding that nothing be  suppose to be put in execution the party be force to answer to it because the  thing be forbid by the law which be the very word of the book which prove that  such false confederacy be forbid by the law although it be not put in use or  execute more Cr James W Jon salk Lucas c ib so there in the next article in  the same book inquiry shall be of conspirator and confederate who agree among  themselves c false to indict or acquit c the manner of agreement betwixt who  which prove also that confederacy to indict or acquit although nothing be  execute be punishable by law a Vid Acc king v Kimberly lev king v Bragg burr  king v Rispal burr king v best l raym SC Mod salk holt hawk PC book cap a and  there be another article concern coke report a er p conspiracy betwixt  merchant and in these case the conspiracy or confederacy be punishable  although the conspiracy or confederacy be not execute and it be hold in r  brief a man shall have a writ of conspiracy although they do nothing but  conspire together and he shall recover damage and they may be also indict  thereof also the usual commission of oyer and terminer give power to the  commissioner to inquire c de omnibus uniting into one confderationibus et  falsehood alligantiis and uniting into one be a unite of themselves together  confderatio be a combination among they and falsehood alligant be a false bind  each to the other by bind or promise to execute some unlawful act in these  case before the unlawful act execute the law punish the coadunation  confederacy or false alliance coke a to the end to prevent the unlawful act  because a Inst Hardr a when to some degree to hold before to hold before et id  per quod come to ad mock et disposition puniter although non to follow  effiectus and in these case the commonlaw be a law of mercy for it prevent the  malignant from do mischief and the innocent from suffer it hill h in the  starchamber a priest be stigmatize with f and b more b a in his forehead and  set upon the pillory in Cheapside with a write paper for false accusation m Ph  man one also for the like cause to be stigmalicvs with f a in the cheek with  such superscription as be aforesaid vide proverb si ten to give milk sinner et  to say come we ut insidie blood abscondam snare contra guiltless in vain c all  men pretiosam nature to find again et implebim house our men spoils c fili mi  ne walk cum the dawn c pedes for the dawn ad malum to run et festivant ut  effunda sanguinen and afterward upon the bear of the case and upon pregnant  proof the defendant be sentence for the say false confederacy by fine and  imprisonment notam reader these confederacy punishable by law before they be  execute ought to have four incident it ought to be declare by some manner of  prosecution as in this case it be either by make of bind or promise one to the  other it ought to be malicious as for unjust revenge c it ought to be false  against a innocent it ought to be out of court voluntary b it be general say  that a plaintiff can have a writ of conspiracy in the commonlaw court unless  he have be indict and lawful acquit so as to be able to plead auter fois  acquit to a second indictment Mr sergeant Hawkins contend hawk PC b cap that a  acquittal by verdict be not always necessary to maintain such a writ the  present case can hardly be consider as a authority inasmuch as it be as appear  from the report in more a proceed in the star Chamber and the particular form  of action do not appear the writ of conspiracy have now give way to a action  on the case for a malicious prosecution which action lie for a false and  malicious prosecution for any crime whether capital or not though it do not  proceed to a actual indictment or appeal and the same damage may be recover in  such action as in a writ of conspiracy hawk PC edition Curw and the case there  cite Selw n p that edition and this action on the case may be bring although  the indictment be prefer in person non judge roll ab action sur Le case pl so  also it may be bring although the indictment may be defective for whether the  indictment be good or bad the plaintiff be equal subject to the disgrace of it  and put to the same expense in defend himself against it wicks v Fentham TR  Pippet v hear barn Ald SC dow Ryl so also although the indictment be ignore  pain v porter cro James this action lie as well when the party have be acquit  by verdict upon a information as upon a indictment but it be essential  necessary to show that the original prosecution be terminate Lewis v Farrell I  strange fisher v Brand sw dougl Morgan v Hugh TR and it seem to be doubtful  whether the entry of a nolle attendance by the attorneygeneral be such a  termination of the suit as will entitle the party prosecute to his action  proof of such a entry will not satisfy a allegation that the plaintiff be  lawful acquit Goddard v smith Mod SC salk the old action for a conspiracy must  have be bring against two at least for the gist of the action be the  conspiracy f n b d king and if one only have be find guilty or if all except  one have be discharge by matter of law the action fail f n b f but a action on  the case may be bring against one only mill v mill cro car and if it be bring  against two or more defendant and a verdict be find for all the defendant  except one yet the plaintiff will be entitle to judgement although the  declaration state that the defendant per concord in feeling iger eos habitan c  price v Crofts t raym pollard v Evans show sergeant williams note Skinner v  gunton sand d the ground of the action for a malicious prosecution be the  malice of the defendant either express or imply Purcell v Macnamara east want  of probable cause farmer v darling burr bull n p Byne v more marsh SC taunt  Nicholson v Coghill barn Cress and a injury sustain by the plaintiff either in  his fame and credit in his person as by imprisonment c or in his property as  by the expense of the prosecution Saville v Robert Carth SC l Raim salk Mod  Byne v more Pippet v hear where sup but it be sufficient if malice and want of  probable cause be prove as to some of the charge contain in the indictment  though other may be true reed v tailor taunt b coke report b er p