burrow REAVELY versus Mainwaring Esq walker et all Saturday that Feb new trial  not grant in a hard case this be a action of trespass way et arms for take  five boy apprentice to the plaintiff out of the hand of the plaintiff Lord  Mansfield who try the cause report the evidence these be apprentice regular  bind to Reavely for the sea service the action be trespass way et arms for  take they it be prove on the part of the plaintiff that they be voluntary  indenture to he and be by his direction deliver to one Jones to be keep by he  to prevent their run away part of Jones house be a prison part a public house  the justice at their session of gaoldelivery upon a complaint of a intention  to sell they in guinea discharge they Reavely order they to be put into the  hand of Jones walker send a note to Jones to deliver they to the lieutenant of  a tender of a man of war who thereupon deliver they and take a receipt for  they this be the evidence for the plaintiff on the part of the defendant it  appear that one lane tell walker of the boy complaint and of the affect scene  that he have see one of the boy also give evidence of Blackwood pick they up  and of their be deceive and ill use at Jones and their endeavour to escape  that walker and pell come to the prison and the boy make their complaint to  they upon which they be send for to the courthouse and they all make their  complaint to the justice of their be deceive imprison ill use c and their  apprehension of be sell the plaintiff next morning send coach to carry they  away they resist walker who be lieutenant of a man of war be present ask they  if they be Willing to serve the king they assent he send a pressgang they go  with their own consent they beg of the justice to be set at liberty they be  bring into court before the justice as prisoner burrow but no commitment be  produce the justice discharge all and each of they by write against their name  discharge walker bid Jones to keep they that night but there be no order to  deliver they to walker they be only discharge from be keep as prisoner  whereupon walker ask if they be Willing to serve the king to which they assent  and walker give Jones a guinea to take care of they that night at the trial  all the defendant be find not guilty as well the justice as the lieutenant Mr  Yates now show cause against a new trial which have be pray by the plaintiff  he insist that as the boy be in the hand of Jones who he say be agent to the  plaintiff and deliver they to the lieutenant who command the pressgang upon a  note from walker and take a receipt for they from he here be no force  therefore trespass way et arms will not lie it ought to have be a action upon  the case or a action upon the statute of labourer for which he cite bro Abr  title labourer as in point Mod queen Daniel the second resolution be in point  also that a common action of trespass will not lie for entice a apprentice or  servant from his master if there be no force and here Jones delivery be the  delivery of the plaintiff he be the owner agent Mr solicitor general and Mr  Morton on behalf of the plaintiff do not dispute the law but the fact the  justice discharge the boy they be put into the hand of Jones by the justice  walker order they out of Jones hand into the hand of the lieutenant who head  the pressgang here be no seduction or incitement but a forcible take away a  man apprentice by a pressgang and carry they on board a man of war in which  walker be concern as have actual send the pressgang to fetch they and in  trespass all be principal Lord MansfieldIt be object at the trial that walker  can not be liable burrow er p to a action of trespass way et arms for that  Jones deliver they up voluntary to the lieutenant burrow but I think then and  now think that he be liable to this action because he send a force a pressgang  to take they as to the justicesThere be no colour to maintain the action  against they a special jury of gentleman find all the defendant not guilty I  think they ought to have find walker guilty upon the evidence that be lie  before they yet it will have be very hard if walker have suffer for his  behaviour upon this occasion because he seem to have act with good intention  therefore I think there ought not to be a new trial rule to show cause why  there shall not be a new trial discharge