case Lovet against fawkner a action for a malicious prosecution for treason  must show that the plaintiff be indict before a proper jurisdiction ante latch  Bulst cro Elizabeth cro car side hawk p c dougl to Rep a action will not lie  for indict another for high treason say quaere vide contra roll Abr action on  the case for a malicious prosecution for that he at the general gaoldelivery  for the county of Warwick hold at Warwick that August James before sir Peter  Warberton one of the justice of the common plea and sir Thomas foster another  of the justice of the common plea justice of the peace nor ad to visit  felonias to hear et to set bounds assignat the defendant falsely et wickedly  without any true et fixed by law causan procure the plaintiff to be indict  that he wilful felonious and traitorous endeavour and practice to persuade and  withdraw the defendant be a subject of the king from his obedience to the  Romish religion against the force of the statute c and imprison and detain he  until at the same gaoldelivery before the say justice he be debt is owed modus  et secundum law c acquietatus and judgement be give upon a nothing to say a  writ of enquiry of damage be award fiftyfive pound damage be find and return  it be now move in arrest of judgement that the declaration be not good because  that it be of a indictment at a gaoldelivery before c and he do not show that  they be justice ad gaolam deliberand appointed and although it be show that  they be justice of peace and of oyer and terminer and be in truth justice of  assize and of gaol delivery yet because it be not show that they be justice ad  gaola deliberand in who right the indictment be take the court hold that the  declaration be not good croak throw but coke chief justice say that he  conceive that for another cause the action la not for no conspiracy nor action  upon the case in nature of a conspiracy lie for the procure one to be indict  of treason for every man be bind ten discover treason and ought not to conceal  it for the least time because it be against the state of the commonwealth  which every one be in duty to maintain and treason be secret and lie in the  heart of man and every one be bind to disclose such matter as tend thereto and  it be dangerous for any man to conceal any thing which may tend to treason  therefore the procure one to be indict concern it be no cause of conspiracy  for although a action upon the case have be maintain for procure one to be  indict of felony yet such a action be never bring for procure one to be indict  of treason wherefore they will well advice whether such a action do lie  whereupon the judgement be stay notam No judgement ever be give