case smith against crashaw ware and ford in the king bench a action on the  case in the nature of conspiracy will lie for false and malicious cause a man  to be apprehend imprison and indict for treason post the plaintiff bring a  action on the case against the now defendant for that they have false accuse  he of treason at d in the county of Norfolk and have cause he at the say town  to be apprehend by the constable and bring before a justice of peace who  commit he to Norwich castle and that at the assize there they false and  malicious have exhibit a bill of indictment of treason before the justice of  assize and false and malicious affirm it to be true by reason whereof he be  detain in Norwich prison until discharge by proclamation upon not guilty plead  and verdict for the plaintiff in Michaelmas term James it be move in the king  bench in arrest of judgement upon exception then show and judgement thereupon  quod to express grief nothing to take in hand c it be there revive by a new  action on the case in nature of a conspiracy as former the defendant plead  special matter of excuse and traverse the malicious accusation which be find  against they and two hundred and forty pound damage give it be move in arrest  of judgement that this action lie not because there never be any precedent see  that any such action or writ of conspiracy for such cause be bring nor be it  ever mention in any of our book for the mischief which may ensue to the state  if man shall be deter from discover treason croak car but all the justice  after diverse motion in several term and long examine at croak car er p cion  of this case be the first precedent which can be show resolve that the action  well lie for it be allege to be false and malicious and by conspiracy exhibit  and the defendant by the verdict find to have false and malicious exhibit it  it be not reason it shall be dispunishable for then no person will be safe if  such practice shall be suffer and the party endanger thereby shall have no  remedy and therefore they adjudge it for the plaintiff note the statute of  Edward c and the writ of conspiracy do not in particular mention for what  cause but general declare if any false and malicious conspire to procure any  to be indict and here in this case it be set forth that they false and  malicious accuse he of treason where they know it to be false and false and  malicious have conspire to cause he to be indict and false and malicious  exhibit a indictment and have swear the matter thereof to be true whereas it  be false and they know it to be false and it be traverse that they do not  false and malicious accuse he and exhibit the indictment which also be find  against the defendant so the substance of the declaration be find against they  it be good cause of action and the defendant be not to be excuse of such  falsity nor the law will not suffer the defendant to go unpunished wherefore  by the opinion of all the justice in the king bench who deliver their opinion  seriatim videlicet sir Randolph crew chief justice Doderidge Jones and  Whitlock it be adjudge for the plaintiff see Henry c and Henry c