Per Curiam.
It is very clear that the act charged in the indictment ivas no offence at common law, but was merely a trespass; and it falls within the principle of Commonwealth v. Knowlton, 2 Mass. 530. and for the reasons there given the judgment in this case must be arrested. The jurisdiction docs not belong to the Court below, unless expressly given; which in the present instance has not been done.