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liffs des grauntz Seignurs qi per lour seignurie office ou poer emprenent a meintenir ou a sustenir plees ou barettez pur autres parties que cels que touchent lestat lour seignur ou eux
Ista ordinacio et finalis definicio Conspiratorum facta fuit et finaliter concordata per Regem et consilium suum in parliamento suo anno tricesimo tercio. et ordinatum est quod Justic' assignati ad diversas felonias et transgressiones audiend' et terminund' habeant transcriptum. (33. Edward I. Stat. 2).
Item pur ceo qe avant ces houres plusours gents du Roialme auxibien grants come autres ount fait alliaunces confederacies et conspiracies a meyntenir parties plees et quereles par ount plusour's gentz ount este atort desheritez et ascuns rientz et destruz et ascuns pur doute destre mahimez et batuz noserent pas seuyr lour droit ne pleindre ne les jurours des enquestes lour verdits dire a grant damage du people et arrerissement de la lei et de commune droit si est accorde etc. (4. Edward III. cap. XI).
„Conspiracy“ says Coke is a consultation and agreement between two or more, to appeal, or indict an innocent falsely and maliciously of felony, whom accordingly the cause to be indicted or appealed; and afterward the party is lawfully acquitted by the verdict of twelve men. (3. Inst. cap. LXVI).
Tempest Act 4 Scene 1.
Richard II. Act 5 Scene 3.
Confederacy, is when two or more confederate themselves to do any hurt or damage to another, or to do any unlawful thing. And though a writ of Conspiracy doth not lye, if the party be not indicted, and in lawful manner acquitted, for 80 are the words of the writ; yet false confederacy between divers persons shall be punished, though nothing be put in ure; and this appears by the Book of 27 assise, placit. 44. where there is a note, that two were indicted of confederacy, each of them to maintain other, whether their matter were true or false; and thougb nothing was supposed to be put in ure, the parties were put to answer, because this thing is forbidden by the law. So in the next article in the same Book, enquiry shall be made of conspirators and confederators which bind themselves together etc. falsely to incite or acquit, etc. the manner of their binding and between whom; which proves also, that confederacy to indite or acquit, though nothing be done, is punishable by the law. And it is to be observed, that this confederacy punishable by law, before it is executed, ought to have four incidents. First, to be declared by some manner of prosecution, as by making bonds or promises the one to the other, secondly to be malicious, as for unjust revenge. Thirdly, to be false against an innocent. And lastly, to be out of court and voluntary. (Cowell. Terms of the Law. LXVI).
A writ of Conspiracy lies not, unless the party is indicted,
3. Inst. cap.
and legitimo'modo acquietatús, for so are the words of the writ; but that a false conspiracy betwixt divers persons shall be punished, although nothing be put in execution, is full and manifest in our books; and therefore in' 27 Ass. p. 44. in the articles of the charge of enquiry by the enquest in the king's Bench, there is a Nota, that two were indicted of confederacy, each of them to maintain the other, whether their matter be true, or false notwithstanding that nothing was supposed to be put in execution, the parties were forced to answer to it, because the thing is forbidden by the law, which are the very words of the book; which proves that such false confederacy is forbidden by the law, although it was not put in ure or executed. So there in the next article in the same book, inquiry shall be of conspirators and confederates who agree amongst themselves, etc. falsely to indict, or acquit, etc. the manner of agreement and betwixt whom, which proves also, that confederacy to indict or acquit, although nothing is executed, is punishable by law: and there is another article concerning conspiracy betwixt merchants, and in these cases the conspiracy or confederacy is punishable, although the conspiracy or confederacy be not executed; and it is held in 19 R. 2. Brief 926. A man shall have a writ of conspiracy, although they do nothing but conspire together, and he shall recover damages, and they may also be indicted thereof. Also the usual commission of Oyer and Terminer gives power to the commissioners to enquire etc. de omnibus coadunationibus confaederationibus, et falsis alligantis, and coadunatio is a uniting of themselves together, confaederatio is a combination amongst them, and falsa alligantia is a false binding each to other by bond or promise, to execute sone unlawful act:
King. And Don Armado shall be your keeper. My lord Biron, see him deliver'd o'er
And go we, lords, to put in practice that,
Love's Labour's Lost Act 1 Scene 1.
Hereafter more. Bring me into your city,
Timon of Athens Act 5 Scene 5.
The leaf to read them. Let us toward the king.
The interim having weigh'd it, let us speak
Act 1 Scene 3.
Act 5 Scene 5.
In these cases before the unlawful act executed the law punishes the coadunation confederacy or false alliance, to the end to prevent the unlawful act, quia quando aliquid prohibetur, prohibetur et id per quod pervenitur ad illud: Et affectus punitur licet non sequatur effectus; and in these cases the common law is a law of Mercy, for it prevents the malignant from doing mischief, and the innocent from suffering it. Hill. 37. H. 8. in the star-chamber a priest was stigma tized with F and A in his forehead, and set upon the pillory in Cheapside, with a written paper, for false accusation.
3. Henry VI. Act 2 Scene 2.
Comedy of Errors Act 4 Scene 2.