case the king against snead king bench Michaelmas term car roll crown side  indictment for cheat c Middlesex to wit be it remember that at a general  quarter session of the peace of our lord the king hold for the county of  Middlesex at hicks hall in saint John street in the county aforesaid on Monday  to wit the nine day of July in the thirtyfifth year c before William Lord  craven sir William smith baronet c by the oath of William cocker a b c d c  good and lawful man of the county aforesaid then and there swear and charge to  inquire for our say Lord the king and the body of the county aforesaid it be  present in manner and form as appear in a certain indictment hereto annex that  be to say the juror for our lord the king upon their oath present c that  whereas on the fourteenth day of February in the thirtyfirst year of Charles  the second Greenhill Dudley be entrust by Christopher truss and clement  Heddington with diverse quantity of timber the same as a factor for their best  advantage to sell and dispose and that the say Dudley authorize Snead by a  certain instrument in write to sell they for the use aforesaid and receive a  inventory with a bind to render a true account and the say Dudley deliver the  say write to one chause to be carry to a unknown person for the use of the say  truss and Heddington and the say Snead and chause be person of ill fame and  intend to deceive truss and Heddington of the say timber he the say Henry  chause deliver the say write to the say Snead shower KB whereby a true account  of the say timber can not be have to the damage of the say Dudley truss and  Heddington and contra peace c I move to quash this indictment the matter  thereof be a ground for a action on the case and no more for at this rate all  action may be turn into indictment this concern only the interest of a  particular person and for a private wrong a indictment lie not no more do it  for a nuisance to a horseway unless it be a highway as be madox case a this be  mere a breach of trust which proper belong to the chancery jurisdiction in  roll abridgment b the first case be much like this a apprentice have get a  single woman with child absconds and a warrant be sue against he and I S know  of the warrant receive and comfort he so that he can not be apprehend and  adjudge not punishable it not be a warrant for treason or felony as well as  this any carrier may be indict for lose the good wherewith he be entrust  suppose a factor have receive a bill of lade of good shall deliver the same to  the master of the ship whereby the master become less Chargeable with the good  and the owner happen to lose they yet I hope this will be no offence because a  trust repose in the party and he be no officer nor do it any way concern the  republic Even in case of a deceit a indictment will not lie where the person  injure repose a confidence in the party by entrust he so it be for good of the  party own delivery if I sell they this will not be a offence for the law take  no care to punish a man for the breach of a trust repose by the party and not  by the law there be a vast difference between this and a cheat in trade for  the public be concern in the maladministration of a cro Elizabeth b roll Abr  indictment shower KB er p trade and handicraft c a devastavit in a executor  may with more colour be punish as a crime than this and the like of guardian  misbehaviour because there be a confidence repose in they by the law nay a man  may be punish for spend money borrow per quod he disable himself to repay his  just debt shower KB for he be not entrust by the law in this case to redeliver  these write it be the duty of every artificer or tradesman antecedent to his  be employ by a particular person to use his art duly and just as he ought but  it be not my duty antecedent to my undertake to do as I S order empower or  entrust I to do deceitful to help and aid a debtor in abscond or avoid the  payment of a true debt whereby the creditor be hinder or cheat of his debt  will not be a crime indictable to make a offence there must be a breach of  some duty which I be oblige to as the preservation of the peace maintenance of  trade safety of travel or the like beside the owner consent purge the offence  as if he deliver I a horse with his own hand I be not indictable for a  trespass if I kill he suppose two man have a controversy about the property of  good shall deliver they to I to keep safe until a arbitration be end or a  wager determine and I deliver they to he that have not the right and this with  a confederacy between he and I to the damage of the other a action will  certain lie against I but scarce a indictment which be very near our case but  the court think it a fraud will not quash it but order we to try it that the  fact may appear shower KB easter term the thirtysixth of Charles the second in  the king bench sir George jefferies Knt chief justice sir Francis Wvthens Knt  sir Richard Holloway Knt sir Thomas Walcot Knt justice sir Robert sawyer Knt  attorney general Heanage finch Esq solicitor general