case pain against Rochester and Whitfield Trinity term Elizabeth roll the  probable cause may he special plead to a action for a malicious prosecution  though in effect it amount to the general issue roll ab cro James yely dougl  to Rep to Rep conspiracy for procure he false and malicious to he indict of  such a robbery and to he detain in prison until he be acquit c the defendant  croak Elizabeth er p plead that they be robhed upon the highway by person  unknown whereof one of they road upon a brown gelding and that they madehue  and cry qnd can not find they and that afterward Whitfield one of the  defendant come to such a town where the plaintiff be and he well observe he  suspect he to he the felon who be upon the brown gelding and go to the other  defendant Rochester and show he his suspicion and he come and see he have the  same suspicion whereupon they repair to one Sams a justice of peace adjoin and  obtain his warrant to bring the plaintiff to he examine who have notice  thereof absent himself so as he can not he apprehend and that afterward gawdy  justice upoh come plaint unto he by some of the plaintiff f ri end e ianiined  the matter and thereupon commit the plaintiff to gaol in Essex and advice the  defendant to exhibit a bill of indictment for that robbery whereupon they  exhibit the indictment in the declaration upon which he be indict c Quce be  eaden concord in feeling elprocuratio de indict c and it be thereupon demurrer  Hobart for the plaintiff move that the plea be not good first because they do  not allege any sufficient cause df suspicion but their own jealousy second  because it be notshewn what evidence be give to the indictors videlicet  whether it be more than be show before three because in their plea they speak  notbing of the imprisonment but all the court resolve it to be good enough for  their cause of suspicion and of absent himself after notice of the warrant be  cause sufficient and he need not show what evidence be give and the  imprisonment need not he answer when the indictment be ground upon good cause  gawdy doubt whether it be a plea because it amount to a non worthy of blame  for it be not any conspiracy at all but the other justice hold that it be a  good plea per doubt deal lie gentle for that he confess the procurement of the  indictment and avoid it by matter in law especial the demurrer croak Elizabeth  be general he shall not take advantage thereof wherefore it be adjudge for the  defendant vide chamber v tailor post