case chamber against tailor find steal good in a man house who refuse to  account for the possession of they and who be commit in consequence thereof by  a magistrate on suspicion of be the thief be a good probable cause to justify  against a action for malicious prosecution and the defendant need not traverse  the malice Edward pl   cro James pullen more hawk p c dougl to Rep l raym hale  Mod action upon the case in nature of a conspiracy for that the defendant  falsb et wicked procure he to he indict at the session of the peace in the  county of Middlesex of felony for steal a cloak and other good c and to he  imprison until he be acquit c the defendant plead that he be possess of the  good mention in the indictment and they be steal from he by person unknown out  of his house in highholborn in the county of Middlesex whereupon he make  search for they and find they in the plaintiff house and demand of he how he  come by they and because he will not restore they nor say how he come by they  he for the examination thereof complain to I S recorder of London and justice  of peace in London and Middlesex and obtain his warrant to bring the plaintiff  before he to he examine concern those good by virtue whereof he be bring  before he and examine c and because he give various and uncertain answer the  say I S great suspect he of the say felony whereupon he bind the plaintiff in  a reconusance of to appear at the next gaol delivery of Newgate and bind the  defendant in a reconusance of to prosecute and give evidence against the  plaintiff concern the say felony whereupon he at the next session for the  county of Middlesex prefer the say bill of indictment prout in the declaration  c and deliver to the jury upon his oath all the say circumstance whereupon  they find the bill for which the plaintiff at the next gaoldelivery at Newgate  be commit to prison prout c in the declaration and there acquit no evidence be  give against he quce are eaden indict management et in prisond detention unde  see to express grief el hoc c and hereupon the plaintiff demurrer croak  Elizabeth and now this term it be argue by Bacon for the plaintiff that this  plea be not good because it be not allege that the plaintiff steal they nor do  he show any sufficient cause of suspicion as common fame or that he be take  with the mailnour or the like and although he give evidence upon his oath that  shall not excuse he it be also allege in the declaration that he falsb el  wicked exhibit the bill which he ought to have traverse but all the court  resolve that the plea be good and need not any traverse croak Elizabeth er p  for when he show that the good be steal and find in the house of the plaintiff  and he will not show by what lawful mean he come by they that make a good  cause of suspicion and when he be examine thereof before a justice of peace  and give various and uncertain answer that aggravate the suspicion and be just  cause of bind he to the session and when the party be bind by recognizance to  give evidence and he exhibit a bill and give evidence that it be a good cause  of justification for otherwise every one who exhibit a bill of indictment and  give evidence against a prisoner shall he draw in question for a conspiracy  Popham say there be no question but that a justice of peace in furtherance of  justice for the examination of a felon may send for any to examine  circumstance to prove it and they all resolve that the allegation in the  declaration that he falsb et wicked procure he to he indict be not traversable  when he allege the special matter of procure the indictment which the  plaintiff have confess by his demurrer which if it be false the plaintiff may  well have traverse it Whereore without further argument it be adjudge for the  defendant vide ass Henry pl Fitzb conspiracy Henry pl and pain case ante