knowing; but he, maliciously contriving to injure the said plaintiff, destroy his character and reputation, and expose him to trouble, cost and charge, did, on &c., at &c., falsely and maliciously complain to E F, Esq., a justice of the peace for the county aforesaid, that, on &c., at &c., some evil-minded person did, with force and arms, and a hand-gun charged with large shot, shoot and kill a dark grey horse colt of said T, and thrust him into a hole in the ground; and that the said T justly suspected that said plaintiff and one G were the persons who committed the act aforesaid, and thereby caused the said plaintiff to be apprehended and had before the said justice, at &c., to answer the charge aforesaid, when and where the said T appeared, and pursued the charge aforesaid against the said plaintiff; notwithstanding which, the said plaintiff was, by the said justice, discharged and dismissed. And the said T continued his malice aforesaid, and did afterwards, on &c., at &c., in the hearing of divers good citizens, falsely and maliciously publish and declare, that the said plaintiff was a pitiful and malicious person, and that he and said G, being angry with the said T, did severally and maliciously kill the same T's colt, and bury him in the said hole, that the villainy might not be discovered. Now the said plaintiff, in fact says, that the said plaintiff, neither alone, nor with any other person, ever hurt, killed or bruised any horse or colt of the said T, and that the said T had neither lawful nor probable cause for making the complaint aforesaid, or charging the said plaintiff with killing, burying, or hiding his, the said T's, colt; and that the said plaintiff has, by means of the said T's making the complaint aforesaid, and speaking the words aforesaid, been, by divers of his neighbors and others, suspected of being guilty of the crimes charged on him as aforesaid, and has lost their good will and esteem, and been obliged to expend much time and money in vindicating himself against the said T's unjust charge and malicious prosecution aforesaid, and has suffered much uneasiness and disquietude; to the damage, &c. TROWBRIDGE.

NOTE. In this action, the plaintiff must always allege malice in the defendant, and in addition, wunt of probable cause or an intent to oppress, or a knowledge that the court had not jurisdiction, and must state the prosecution at an end. 2 Wil. 302; B. N. P. 11; 3 Bl. Com. 127; Salk. 14, 15; Doug. 215; 9 Co. 55; 3 Salk. 246; 2 Wil. 210; 4 T. R. 247; 3 Salk. 98, 216.

Slander and malicious prosecution on a charge of theft.

For that the plaintiff is, and always from the time of his nativity, was a person of good fame, and f ee from the crime of theft, and all suspicion thereof, and on &c., was, and for a long time before had been, a master of a vessel trading to parts beyond seas, and intrusted with the goods, and to negociate the affairs of sundry merchants; by which business he got a considerable profit and gain; and on said day was bound on a voyage for foreign parts; of all which the said T was well knowing, but maliciously intending and contriving to destroy the plaintiff's good name and reputation, and ruin him in said business, and subject him to the penalties of the law against theft, on &c., at &c., falsely and maliciously, in the hearing of many of our good [citizens] uttered the following false and scandalous English words, of and concerning the plaintiff, viz. "I have been told A," meaning the plaintiff, "is as great a thief as any in the country." And afterwards on the same day, at the place aforesaid, in the hearing of divers other good [citizens of this commonwealth,] the said T uttered the following false, scandalous, and malicious words, of and concerning the plaintiff, viz. "last night my pocket was picked, and my pocket-book taken out of it; and it was A," meaning the plaintiff, "that did it I have reason to think he," meaning the plaintiff, "stole them." And then and there, the said E went before B G, one of the justices of the peace for said county, and falsely and maliciously complained to him of his, the said T's, having his pocket picked of the sum of &c., and of his pocket-book, and accused the plaintiff of stealing them, and then and there falsely and maliciously affirmed, that he had reason to think of the plaintiff's being guilty of said crime, and thereupon procured and caused the said plaintiff to be arrested and brought before the said B G, and then and there, before the said B G, falsely and maliciously accused the plaintiff of the aforesaid crime, and prosecuted him therefor, and knowing the plaintiff to be innocent of the said crime, maliciously endeavored to get him convicted thereof; on which prosecution the plaintiff was, notwithstanding, lawfully acquitted thereof; but the plaintiff by said prosecution was delayed in his voyage aforesaid, put to great costs and trouble in defending himself, and greatly hurt and injured in his reputation and business.

E. PRATT.

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Malicious prosecution on a charge of theft.

For that the said plaintiff is a person of good fame and credit, free from the crime of stealing and the imputation. thereof; of all which the said D was well knowing; yet the said D, wickedly contriving and maliciously intending to deprive the said plaintiff of his good name, and cause him to be imprisoned and vexed, on &c., at &c., maliciously, and without any just and probable cause, complained to and swore before C D, Esq. one of the justices &c., against the said plaintiff, that he, the said plaintiff, had feloniously taken and carried away out of a certain snow, called the Sally, thirty-six dozen of stone rings, of the value of $—; and thereupon the said plaintiff was arrested and brought before our said justice, on said complaint and oath aforesaid; and our said justice, on &c., at &c., by means of the said D's false and malicious complaint and oath aforesaid, committed the body of the said plaintiff to our common jail, in &c., there to be safely kept until discharged by due course of law; in which jail said plaintiff was kept imprisoned, among felons and malefactors, from &c., to &c., when he was discharged from his imprisonment aforesaid by our said justice, upon his recognising, with two sufficient sureties, to appear personally at the [quarter] Sessions for the county of &c., to answer the charge aforesaid, and in the meantime to be of good behaviour towards all persons, and abide the order of the said Sessions; and the said plaintiff accordingly made his personal appearance at said Sessions; but the said D did not appear to prosecute said complaint; and thereupon the said plaintiff by our said court of Sessions was discharged and let go, without delay. Now the said plaintiff in fact says, that he was entirely clear and innocent of feloniously taking and carrying away, out of the snow aforesaid, the goods aforesaid; and that by means of the said D's false and malicious oath and complaint, he hath suffered imprisonment for the space of &c. days as aforesaid, and was obliged to find sureties for his appearance as aforesaid; and thereby he hath suffered great ignominy and reproach, and hath lost much time, and is deprived entirely of the means of getting into business, &c. Salk. 768; Gilb. Cases, 168, 156; Salk. 728, 729; 2 Wils. 302; Doug. 215.

Malicious prosecution for perjury.

For that whereas the plaintiff is, and always has been, a man of truth, and of good repute and fame, and well known

for it among all his neighbors, and free from the crime and suspicion of perjury; yet the said D, well knowing this, but maliciously contriving to bring the plaintiff into disgrace, and put him to great costs and charges to vindicate himself, on &c., at &c., charged the plaintiff before &c., with wilful perjury, and caused him to be bound over to our Supreme Judicial Court, to be holden at &c., on &c., within and for the said county of &c.; and then and there caused a certain bill of indictment to be drawn up against the plaintiff, charging him with wilful and corrupt perjury, and the same to be laid before the grand jury for the body of the said county, which, by reason of the plaintiff's innocence, the grand jury aforesaid returned ignoramus; and the plaintiff was accordingly discharged; by all which unjust prosecution of the said D, the plaintiff was put to great costs and charges, and suffered in his name and reputation. READ.

Malicious prosecution on a charge of felony.

For that the said P, being a good, true and faithful subject of this commonwealth, and having behaved and conducted himself as a good, true, and faithful subject of this commonwealth, from his nativity to this present time, without any fault or suspicion of theft, robbery, felony, or other crime; and so among his neighbors, as well as others, was esteemed, known and reputed; yet the said T not ignorant of the premises, but contriving and maliciously intending to hurt, wound and injure the good name, fame, credit and estimation of the said plaintiff, and him unjustly to molest, vex, and disturb; and also to bring him into manifest danger of the loss of his life, goods and chattels, on &c., at &c., did falsely and maliciously, and without any cause or color of any felony of theft or robbery, of the said plaintiff ever committed, him the said plaintiff, for a certain felony, by him, then, at &c. aforesaid, supposed to be done, (when in truth no felony was so committed by said plaintiff) procured to be arrested; and at &c., (the court) the aforesaid T, to bring the aforesaid plaintiff in danger of the loss of his life, and forfeiture of all his lands, tenements, houses, and chattels, falsely and maliciously, then and there caused a certain bill of indictment against the said plaintiff to be written, containing in it the false and scandalous matter following, to wit, [recite the indictment;] and the same indictment, in the form aforesaid written, containing in it the false and scandalous and malicious matter before recited, the afore

said T afterwards, to wit, on &c., to the justices of the same court, caused to be delivered, which said bill of indictment the same justices then and there of the same T received, and caused the same publicly to be read; and thereupon the jury of the grand inquest for the same county of &c., at the same court, on their oaths, then and there being charged and sworn then and there to deliberate, and true inquiry to make of and concerning said matter, in the same bill contained, &c. (reciting the proceedings to the end.) Now, by reason of the premises, the said plaintiff is greatly injured, not only in his good name, fame, credit, and reputation, but put to great expense, &c.

NOTE. See declaration in Lilly's Ent. 62, which states, that the defendant at such a court, for such an offence, "without any probable or just cause, caused the plaintiff to be indicted; and the same plaintiff on that account, prosecuted until he, the plaintiff, was thereof duly acquitted," without stating whether it was by verdict or otherwise.

Malicious prosecution of civil action.

For that the said T, on &c., at &c., without any lawful or just cause of action, or the least color of right, purchased out of the clerk's office of our court of C. P. for our said county of Worcester, our writ of attachment against the plaintiff, bearing teste the day of &c., returnable to said court of C. P., next then to be holden at &c., on &c., within and for the said county of Worcester; and therein the said T complained, that, on &c., at a place called Quebec, viz. at W aforesaid, he, the said T, was possessed of one hundred boxes of soap, as of his proper goods and chattels, of the value of $; and that the said T, thereafterwards, on the same day, casually lost the same goods and chattels, which, by finding, afterwards came into the hands and possession of the plaintiff, who well knowing that by right they belonged to the said T, afterwards, viz. on &c., at &c., converted them to his own use to the damage of the said T, as he said, the sum of $-. Now the plaintiff in fact saith, that at the time of the purchase of our said writ against him, in form aforesaid, he was not, nor at any time before had been, possessed of said goods and chattels of said T, nor in any respect had converted them to his, the plaintiff's, own use, as the said T, in his declaration did falsely allege; of which the said T was well knowing; yet contriving and maliciously intending to vex, injure, and oppress the plaintiff in this particular, and to the utmost of his