The Development of the English Law of Conspiracy

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993 (1760), were con- spiracies to indict innocent persons of crimes. These would have been conspiracies at any period after the time of Edward I. In Rex vs. Tumor, 13 East 226 (1810), Lord Ellenborough decided that a combination to commit a civil trespass was not an indictable conspiracy. This decision, however, was not followed in the later cases. See Chapter V.
It should be observed that in all of these cases (with the possible exception of Oifford vs. Brandon) there were elements of illegal
...ity present in addition to the mere damage or oppression suffered by the complainant. Thus, as to Rex vs. Thorp, we may point out that the procurement of such marriages was looked upon as unlaw- ful, independently of the element of conspiracy; Reg. vs. Blacket & Robinson, 7 Mod. 39 (1703) ; In Re Seeles, Cro. Car. S57 (1639).
Moreover, the attorney for the prosecution argued that the con- spiracy was mentioned only as matter of aggravation. In any event, no judgment was given in that case. In Rex vs.


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