case Cox against WIRRALL Hilary term James roll a action for a malicious  prosecution will lie against one person but conspiracy must be against two at  least roll ab Yelv f n b cro Elizabeth Jones sand burr stram will hawk p c  complaint of a felony the commitment of the magistrate be sufficient probable  cause in a action for malicious prosecution although no felony be in fact  commit this be a action on the case in nature of a conspiracy the declaration  charge that the defendant falsely et wickedly procure the plaintiff to be  indict of the ravishment of one mary Wirrall and to be detain in prison for  that cause until he be acquit to his damage c the defendant plead that the say  mary Wirrall be his daughter and complain to he that she be ravish by the  plaintiff whereupon he make application to sir Thomas Twynn justice of peace  in the same county who convert the plaintiff before he and examine he and upon  his examination and the testimony of other bind the plaintiff to appear at the  next gaoldelivery and bind the defendant to prefer his bill of indictment  whereupon croak throw the plaintiff appear he prefer his bill of indictment  which be find and thereupon the plaintiff be commit arraign and acquit which  be the same procurement of the indictment and acquittal whereof the action be  bring to this plea the plaintiff demurrer and after judgement at the bar it be  resolve that the plea be good first it be agree by the court that the  declaration to procure one to be false and malicious indict be good for as  conspiracy lie where two conspire false to indict one so a action lie where  one alone false and malicious procure another to be indict second although it  be allege that the plea be not good because it be not aver that felony be  commit and without a fact suspicion be no cause of arrest as Edward pl Henry  pl Henry pl a much strong it be no cause without a act do to indict I for he  be too credulous to cause one to be indict upon complaint of so small a girl  and croak justice be of that collision yet all the other justice hold that  inasmuch as the father do it upon his daughter complaint to who by nature he  be compassionate although it have not be cause of arrest for suspicion of  felony no felony be commit yet it be a good excuse of his cause of complaint  to the justice of peace who bind over the one to appear and the other to  prefer the indictment it be good cause to excuse he from the malicious procure  of the indictment which be the ground of this action and all this matter be  confess by demurrer the court shall take it for a good cause of excuse but if  it have be allege that there be not any ravishment and that the defendant know  so much it may peradventure have be otherwise wherefore it be adjudge for the  defendant