case sir John newton against Francis creswick a action on the case for  malicious exhibit a petition against the plaintiff must be lie in the county  where the petition be exhibit although it contain matter do in another place  term Rep term Rep in a action on the case wherein the plaintiff declare that  the defendant exhibit a petition against he and sir r h before the king in  Council by reason whereof he be compel to appear at a great expense and that  he be afterward discharge of the matter allege against he which be the erect  of cottage in Kingswood chase in the county of Gloucester this action be first  lie in Gloucestershire and the defendant move that it may be lie in Middlesex  where the petition be exhibit but it be insist for the plaintiff that where a  cause of action arise in two place he have his election to lie it in either  the court hold that the exhibit of the petition be the ground of the action  and though it contain matter do in another place yet it shall be try in the  county where the petition be deliver for suppose the petition have contain  matter do beyond sea c  In the case of lie v rod I brown case in parliament it  be hold that in a action for damage against a attorney for fill a bill in  chancery without any authority from or even with the knowledge of the  plaintiff which be afterward dismiss with cost and the plaintiff oblige to pay  those cost that he may lie his venue either in the county where the court of  chancery be hold or in the county where he actual pay the money so also in  Scott v breast term Rep where a by deed indent in London for secure the  repayment of money lend to b be appoint receiver of b s rend in Middlesex with  a pretend salary which enable he to retain usurious interest and he receive  the rend in Middlesex but settle the account in London and there pay the  balance on which the usurious interest be allow it be hold that the venue may  be lie in either county in a action for a libel however the court will not  change the venue on the ground that the cause of action arise where the paper  be print and publish Pinkney v Collins I term Rep Clissold v Clissold term Rep  but if it be both write and publish in one place they will change the venue to  that county freeman v Norris term Rep or if write in Yorkshire and send by the  post into Germany the venue may be change from London to Yorkshire on the  usual affidavit Metcalf v Markham term Rep a modern er p now in this case the  action be bring in Middlesex the defendant plead that the chase be injure by  the erect the say cottage by the dig of pit and by the make of a warren by sir  John Newton and that the other person sir r h be then a justice of the peace  for the county of Gloucester upon complaint to he make do not impose penalty  upon the offender but do Abel the say plaintiff by reason whereof the deer be  decrease from one thousand head to four hundred to this plea the plaintiff  demurrer modern Mr pollexfen argue against the plea first that it charge sir r  h with no particular crime but enlarge the matter upon the plaintiff and  amount to no more than the general issue for the question be whether the  defendant have false prosecute the plaintiff before the king in Council which  be only matter of fact and which be charge upon the defendant and therefore he  ought to have plead not guilty it be true where the defence consist in matter  of law the defendant may plead special but where it be pure fact the general  issue must be plead e contra it be insist upon that what be allege in this  plea may be give in evidence upon the general issue but the defendant may  likewise plead it special and not trust the matter to the laygents as in  conspiracy for procure of the plaintiff to be false and malicious indict of a  robbery the defendant plead that they be rob and suspect the plaintiff to be  guilty procure a warrant in order to have the plaintiff examine before a  justice of the peace of which he have notice and absent himself but be  afterward commit to the gaol by a judge of this court who advice they to  prefer a bill of indictment c who be eaden concord in feeling this be adjudge  a good plea though it amount to no more than the general issue and all this  matter may have be give in evidence at the trial cro Elizabeth Edward pl ass  Keilway more raze Ent say notam this defence be matter of law a the court  except Allibon justice advice the plaintiff to waive his demurrer and the  defendant to plead the general issue but Allibon justice take a exception to  the declaration for that the plaintiff have not allege any damnification but  only that he be compel to appear and do not show how either by the petition of  the defendant or by summons c he ought to set forth that he be summon to  appear before the king in order to his discharge but to say compulsion to be  to be evident be incertain for that may be in the vindication of his honour or  reputation he complain of a petition exhibit against he which the defendant  have answer by show to the court sufficient matter which may reasonable induce  he so to do and for that reason he hold the plea to be good say Adjournatur