burrow king versus RISPAL Saturday that June S c black conspiracy be  cognisable at session this be a indictmentfound at the Westminster session of  the peace against the defendant and two other for a conspiracy but the  certiorari be bring by Rispal only the indictment set forth that Antoine  Rispal Henry Bolney and John Delaporte wicked and malicious devise and intend  unjust to vex and aggrieve one John Chilton and to deprive he of his good name  fame credit and reputation on c at c wicked and unlawful do among themselves  conspire combine confederate and agree false and without any reasonable or  probable cause to charge and accuse the say John Chilton that he the say John  Chilton have then late before take out of a bag a quantity of human hair which  bag be contain in of bale which consist of five bag of hair of the good and  chattel of the say Antoine Rispal that the say Henry Bolney afterward to wit  on c at c in pursuance of and accord to the say conspiracy combination  confederacy and agreement between he and the say Antoine Rispal and John  Delaporte so as aforesaid before have do say to the say John Chilton that he  the say John Chilton be a man of credit and that he the say John Chilton have  better make it up than have his credit blast that the say Antoine Rispal in  pursuance of and accord to the say conspiracy combination confederacy and  agreement between he and the say Henry Bolney and John Delaporte so as  aforesaid before have afterward to wit c at c unlawful and wicked do exact  receive and have of and from the say John Chilton the sum of thirty pound of  lawful money of great Britain of the money of the say John Chilton and also a  certain promissory note in write bear date the say that day of February in the  year of our Lord sign under the hand of the say see note in burr burrow er p  John Chilton for the payment of the sum of thirtythree pound to one Thomas  Higginson or order six week after date and which say note be endorse by the  say Thomas Higginson to the say Antoine Rispal for and as a composition for  the pretend offence above specify and to desist from all prosecution against  the say John Chilton for the same which say sum of thirtythree pound have be  since pay by the say John Chilton in discharge of the say note whereas in  truth and in fact the say John Chilton never be guilty of the say offence so  false charge on he as aforesaid or of any such like offence burrow to the  great damage impoverishment and disgrace of the say John Chilton to the evil  example of all other inthe like case offend against the peace of our say late  lord the king his crown and dignity and against the peace of our present Lord  king George the three his crown and dignity the defendant Bolney and Delaporte  plead not guilty and the indictment be try as against they at the Westminster  session Bolney be acquit Delaporte be find guilty the defendant Rispal aid not  then come in but he afterward come in and plead not guilty and be try and find  guilty whereupon he bring a certiorari to remove it into this court on Tuesday  that January last Mr Lucas on behalf of the defendant move in arrest of  judgement first objection a indictment for such a conspiracy as this be do not  lie before the general session of the peace second objection the fact which  the defendant conspire to charge the prosecutor with be no offence it be only  a indictment for wicked and unlawful conspire c false to accuse John Chilton  of take hair out of a bag without allege it to be a unlawful or felonious take  whereas the offence whereof the party be accuse ought to be particular charge  no implication will make it good a rule be then make to show cause why the  judgement shall not be arrest afterward on Thursday that of April follow Mr  Lucas enforce his objection in arrest of judgement and Mr solicitor general  for the prosecutor show cause against arrest the judgement and it be then  adjourn on Wednesday that of may it be argue by Mr Baynham for the king and Mr  Morton and Mr stow for the defendant the court be of opinion that the justice  of peace have jurisdiction in the present case a conspiracy be a trespass and  tend to a breach of the peace and they hold that the indictment be well lie  and that the gist of the offence be the unlawful conspire to injure the man by  this false charge they all therefore concur in opinion that the rule ought to  be discharge rule discharge