in Law, is when two or more persons combine to do any damage to another, or to commit any unlawful act. Confederacy is punishable, though nothing be put in execution; but then it must have these four incidents; 1. That it be declared by some matter of prosecution, as by making of bonds or promises to one another; 2. That it be malicious, as for unjust revenge; 3. That it be false, i.e. against the innocent; and, lastly, That it be out of court voluntary.