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Mich. 9 Jacobi Regis.
The Case was this; Sir James Creyton had bought a pretended Right of and in the Mannor of ••yddy and Millisent, and divers o••her Lands, of which Sir Anthony had long possession: Upon which, divers Motions were made concerning Fines, acknowledged to be staid, &c. in
the Common-Bench; and Sir James not prevailing in it, en∣tred into a wicked Conspiracy, with several other Defen∣dants in the Cause, to accuse the said Sir Anthony of some Capital Crimes, whereby he should forfeit all his Lands, Goods, and Chattels, which they should share amongst them; and in the end Henry Smith, formerly a Servant to Sir Anthony, was suborned to accuse the said Sir Anthony, of the Mu••ther of William Rice, late Husband of Mary Rice, one of the Defendants, which William was dead 18 years before; and Smith was to have 500 l. for his pains, to have a place procured him in the Kings Guard in Or∣dinary, a Prote••tion also from the King against his Cre∣ditors, and a General Pardon. Of all which, Smith would have assurance, before he would make any Accusation of the said Sir Anthony: Whereupon Articles in Writing were drawn, ingrossed and sealed between Sir James Crey∣ton of the one part, and John Cantrel, Servant to Hunnings, by Smith's Consent, and to his use, on the other part: By which Sir Ja••es Covenanted, that the said Cantrel, and his Heirs, after the Conviction and Attainder of Sir Anthony, shall have a sixth part of his Mannors, &c. In consideration whereof, Cantrel Covenanted, that he should procure Witnesses, to Convict the Plaintiff of Murther, or other Capital Crimes, &c. Which Articles were sealed 16 of Feb. 7 Jac. And for the performance of the said Articles, Sir James gave Bond of 8000 l. to Cantrel. Within two dayes after, Smith counterfeits him∣self sick, and then pretending to disburthen his Consci∣ence, reveales the said Murther, and accused himself for poysoning the said William Rice, by the said Sir Anthonies Command; so that he himself was Principal. Upon this Sir James procures Mary Rice, the Widow of the said Wil∣liam Rice, to prefer a Petition to the King, importing the Accusation aforesaid: Which Petition, the King refer∣red to the Chief Justice of the Kings-Bench, who, after full Examination, certified the King, that he found a false Conspiracy, to indict Sir Anthony, without any just
ground, and certified also the effect of the Articles: Up∣on which the King, by Advice of the Privy-Councel, thought the matter fit to be sentenced in the Star-Cham∣ber; Which in the same Term, upon ordinary proceed∣ing, was heard by six dayes: And it was objected by the Defendants Councel, That the Bill, upon the said Conspiracy, did not lye; and that it would be dangerous to maintain it; for it will deter men to prosecute against great Offenders, whereby they will pass unpunished: And by the Law, Conspiracy lyes where a man is indicted, and legitimo modo acquietus; but here he was never indicted, &c.
But to this, it was Answered, and Resolved, by the Lord Chancellor, the two Chief Justices, and all the Court, That in this Case, the Bill was maintainable, though the Party accused was not indicted and acquitted before, as it was Resolved in this Court, Hill. 8. Jac. in Poulter's Case. Besides, be Sir Anthony guilty or no, the Defendants are punishable, for promising Bribes and Rewards to Smith, to accuse the Plaintiff, and the Ar∣ticles to share Sir A••thonies Estate after Attainder: And there is a great Indignity offered to the King, in assu∣ming to Covenant, that the King shall protect or pardon, or that any man's Estate may be shared before Attain∣der.
And it appeared by many Witnesses, that William Rice dyed not of any poysoning, but of a horrible Disease got by his dissolute life, which with Reverence cannot be spo∣ken.
And in this Case, it was Resolved, That if Felony be done, and one hath suspition upon probable matter, that another is guilty of it, he may arrest the party so suspect∣ed, to bring him to Justice. But in this Case, three things are to be observed:
1. That a Felony be done.
2. That he that doth arrest, hath suspition upon pro∣bable cause.
3. That he himself, who hath the suspition, arrest the party.
Resolved also, That if Felony be done, and common fame and noise is, that one hath committed it, this is good cause for him that knowes of it to arrest the party: and with this agrees the Book, 2 H. 5. 15, 16. 15 H. 7. 5. 20 H. 7. 12. 21 H. 7. 28. 7 Ed. 4. 20. 8 Ed. 4. 27. 11 Ed. 4. 4. 6. 17 Ed. 4. 5. 6. 20 Ed. 4 6. B. 7 H. 4. 25. 27 H. 8. 23. 26 H. 8 9. 7 Eliz. Dy. 226.