Legal Definitions - writ of conspiracy

The writ of conspiracy was a specific legal action available under historical English common law. It allowed an individual (the plaintiff) to seek legal redress against another person or group who had conspired to falsely accuse them of a very serious crime, specifically treason or a felony. This writ was a remedy for malicious prosecution where the conspiracy aimed to bring about a false indictment for these severe offenses, distinguishing it from other, broader types of conspiracy claims.

Here are some examples illustrating how a writ of conspiracy might have been used:

• Example 1: False Accusation of Theft

  Imagine a wealthy merchant in the 15th century, Sir Reginald, who had a long-standing rivalry with a neighboring landowner, Lord Alistair. Lord Alistair, desiring to acquire Sir Reginald's valuable estate, conspires with a corrupt local sheriff to plant stolen goods on Sir Reginald's property and then falsely accuse him of grand larceny, which was a felony at the time. If Sir Reginald was subsequently indicted and arrested based on this fabricated evidence, he could have sought a writ of conspiracy against Lord Alistair and the sheriff to challenge their malicious actions and seek compensation for the damage to his reputation and liberty.

• Example 2: Political Treason Plot

  During a period of political instability in the 17th century, a powerful duke wished to remove a rising political opponent, Baroness Eleanor, from influence. The duke and his allies secretly conspired to forge letters and bribe witnesses to falsely implicate Baroness Eleanor in a plot to overthrow the monarch, a charge of treason. If Baroness Eleanor was subsequently indicted for treason based on this conspiracy, she could have pursued a writ of conspiracy to expose the duke's malicious plot and clear her name, as well as seek damages for the severe injury to her life and standing.

• Example 3: Framing for Murder

  Consider two rival guilds in a medieval town, the Guild of Weavers and the Guild of Dyers. The master of the Dyers' Guild, seeking to discredit the Weavers, conspires with several of his members to frame the master of the Weavers' Guild, Master Thomas, for a murder that occurred in the town. They fabricate evidence, provide false testimony to the authorities, and ensure Master Thomas is indicted for the felony of murder. If Master Thomas was then subjected to trial and imprisonment due to this conspiracy, he could have initiated a writ of conspiracy against the Dyers' Guild master and his co-conspirators to challenge the false accusation and seek justice for the harm inflicted.