case the earl OF Shaftsbury against graham and Craddock the court will change  the venue in a action on the case in the nature of conspiracy if it appear  that the plaintiff interest with the sheriff of the county in which it be lie  be so powerful that a impartial trial be not likely to be have SC Jones SC  vent SC skin case in the nature of a conspiracy lie in London wherein the  plaintiff declare that the defendant do false and malicious conspire to cause  he to be indict convict condemned and destroy for high treason and in order  thereto do solicit and labour one Wilkinson be in the king bench prison in  Surrey to swear against and charge he with treason and in further prosecution  of this their wicked design do cause to be draw and ingross in parchment a  indictment and the same do exhibit at the old Bailey and do then and there  endeavour to prove the content thereof c Mr attorney general now move to  change the venue out of London upon affidavit of the plaintiff interest with  the sheriff and jury in London and upon the declaration itself and he urge  that in this action the conspiracy be the principal so that by a artifice this  be draw into London it be not for indict he or exhibit a indictment it be for  conspire suborn and cause a indictment to be exhibit the most part whereof be  in Surrey jefferies sergeant ad idem the common course be so always as in case  of good buy here and to be deliver at Exeter the plaintiff have his election  yet if he lie it in London as he may upon affidavit that they be pay for and  that the payment be in Exeter and the witness to prove such payment live there  this will be ground enough to change the venue ut a trial to cause to know and  so the venue may be change provide there be cause even where the plaintiff  otherwise have his election and this be not ground on any record in shower KB  a transitory action the venue of it may be alter if there be occasion where a  record be the whole ground of a man action there it be certain local a but  upon a conspiracy which be personal it may be bring in any county in England  for it be no more than case and the prosecution of a indictment be but  aggravation of damage the conspiracy be the gist of the action and if there be  a exhibition or a indictment without a conspiracy the defendant must be find  not guilty and a action of the case lie though no indictment be exhibit if  there be a conspiracy and of the indictment a copy be sufficient evidence and  what have the city of London to inquire of but only the conspiracy and the  endeavour of subornation which be all do in Surrey a car keb b easter term car  vent Jones a it be say that the venue may be change in local as well as in  transitory action if the occasion require it loft burr Bl Rep see corn dig  action n shower KB er p Mr Jones if it be in my Lord shaftsbury election to  lie it in any other county then sure it may be change and if in London you may  inquire of the conspiracy in Surrey why may you not in Surrey inquire of the  indictment in London in the case of the Lord Gerrard v Spenser my Lord chief  baron hale direct a trial at law upon a suit there in equity and though the  land lie in Lancashire yet he be a man of interest there in that county my  Lord hale make they turn their ejection strong into a feign issue to try it in  another place for indifference sake and in my Lord shaftsbury own case against  Digby the venue be so change by my Lord hale and that in case of a temptation  to sin great man by the court here the chief evidence must arise in Surrey  videlicet the conspiracy and labour all that be in London and can be inquire  of there be the indictment to which nothing be needful but a copy and one  witness to prove it true and even in a temptation to sin great man the venue  may be change for unindifferencys sake though not upon the common affidavit  and at last after solemn debate the venue be change which be do the plaintiff  never proceed b