case the queen against Collingwood to persuade a apprentice to embezzle his  master good be a indictable offence but the indictment must positive aver that  he do take away the good in consequence of such persuasion SC salk SC ld ray  ante salk Mod it be a indictment and conceive thus Jurat c looks like quod t c  recently c to step out mask evil layout ac non to stretch out victim suum per  preoccupation distinguished to seek send to contrive skilfully et to stretch  out to be a servant et apprenticios honestor a citizen et inhabitant Civ  London in custom et position nest praegravar et to tear down ipse pillage t c  fivepercent tax die of Mars year c et to visit other a day tunc before at  London videlicet in paroch S b in warda de d London pillage a certain modern  er p c S servient et apprenticium cujusdam r t de London warehousekeeper  forbidden injust et badly to get knowledge of to lead aside et to draw to six  hundred Septuagint two made of twigs striped cloth woolen peremptory or urgent  call callamancoe valour way lib de good et catallis say beforehand advance r t  extra pillage house et shopam Self r forbidden injust et badly hegoat et  asportar et quod pillage t c speech sheet die c year c say in addition to et  to visit modern other a day et turn good et catalla pillage h pillage c S  servient et apprenticio pillage r t adtunc et ibidem at dict paroch b c  forbidden injust et badly to take in hand To take back to have et ad use  proprium Self t c to turn round eoden t c adtunc et speech other a day et turn  bene scient pillage c S before servient et apprenticium say beforehand advance  r t ad grave damnum Self r t in malum exemplum all men another in similar  things grammatical case fault contra peace owner Regin nunc Coron et rank svan  after conviction several exception be take by Montague first that it be not  direct say that the apprentice do actual take away the good but only that the  defendant do entice he to take they away and do receive they from he which be  a strong argument indeed that they be take away but no direct positive charge  as the fact ought to be lie in a indictment and for this he rely on the case  of the queen v Daniell ante a second it be not say where the house and shop of  r t be and by consequence no venue where the suppose take by the apprentice be  per curian the indictment in the case of the queen v Daniell go upon two point  the one be for seduce a apprentice from his master the other for persuade he  to take away his good as to the first which be the only point in judgement we  hold the offence not indictable but a action of trespass lie by a master for  seduce his journeyman or other servant from his service heart v Aldridge Cowp  b and there be no venue lie for the second and they all be of opinion that the  charge ought to be direct and not argumentative and that it be not enough to  lie a enticement without a act do in pursuance of it you show here a special  matter videlicet that the defendant receive they but do not show that they be  take away and if this be felony as you here show it the defendant will only be  accessary and that can not be without a principal fact commit here indeed you  may have charge he as a principal for he who persuade another to commit a  trespass be a principal and the take of the apprentice here be the take of the  defendant but you do not show where that be and per all men it can be maintain  but the court give they time till next term to see to maintain it judgement be  give for the defendant upon the first exception ld ray SC salk a