case the king against obrian to forge a affidavit for the purpose of obtain  money due to a officer widow from the treasurer of the king bounty be  indictable at commonlaw SC stram SC Sess case obrian be indict at the old  Bailey for publish a false forge and   affidavit well know it to be so purport  it to be swear before Mr Engeer a justice of peace the content of which be  that mrs a b be a officer widow and entitle to the yearly pension of sixteen  pound be live and in Ireland although she be dead and this with a intent to  deceive Mr Sainthill the treasurer of the king bounty for officer widow and  also for publish a false forge and   certificate know it to be so purport to  be sign by the parson and churchwarden of d the content of which be that mrs a  b be alive and dwell in the same parish of d in Ireland although she be dead  and that one burrow by virtue of the say forge affidavit and certificate  receive of the say Mr Sainthill the sum of eight pound ten shilling part of  the same pension see the statute Geo c S and the case of Jones and palmer case  cro law a obrian be find guilty upon this indictment and be bring up from  Newgate to the king bench and the attorneygeneral demand judgement against he  it be move by sergeant Hayward and Mr Kettleby to arrest it the court this be  a indictment at commonlaw upon which the prisoner stand convict and among  other the two principal reason give to arrest judgement in this case be first  that even the forgery of such a affidavit and certificate be no offence at  commonlaw and shall have be proceed upon on the statute Henry or some  subsequent statute upon forgery second that if such forgery be a offence at  commonlaw yet the bare publication of which obrian be only guilty be not so  but we take this forgery to be a offence at commonlaw as it be to the  prejudice of the king and subject in cause a misapplication of the public  money and we be justify in our opinion by the resolution of Lord chief justice  Raymond and the rest of the judge in the case of the king v ware Geo stram ld  ray ray Ent barn b where after conviction it be move in arrest of judgement  and the same exception take as here that it be a charge upon which a  indictment will not lie at commonlaw it be only a forge endorsement upon paper  whereby ware have entitle himself to a large quantity of alum that it be a  false token and the indictment shall have be upon the statute of Henry but the  court modern overrule the exception and be of opinion that the endorsement be  to be consider as a write upon which ware be indictable at commonlaw it be of  such a nature whereby another person may be prejudice but if upon such forge  endorsement no prejudice can have arise to anybody then it will have be no  crime and not indictable the statute of Henry make no now offence but only add  a great degree of punishment to the old one see term Rep a and this statute as  well as several other that have create superior kind of punishment to offence  that be such at commonlaw have still leave the prosecutor the election of  proceed either upon those statute or at commonlaw this be the resolution in  the case of the king v ware and be we in the present case it have indeed be  determinedRex v Pinckney I Sess case c b that where a person get good from a  person on Ludgatehill by a false verbal message from the duke of Buckingham  that he be not indictable at commonlaw and also resolve in the case of the  king v Newney that a bare false affirmation do not amount to any crime  indictable at commonlaw for people must not be so imprudent as to credit  message or affirmation by word of mouth but when such a fact as this of  obrians appear upon a indictment which be not the case of word but be a matter  in write which bear the great probability of be true and against which it be  not in the power of a person to defend himself it be modern er p indictable at  commonlaw and it will be a reflection on the common justice of the nation to  say it can overlook such a offence as this as to the latter objection we be  also of opinion that the publication of such a forgery as this be indictable  at commonlaw indeed if obrian have not know the affidavit and certificate to  be forge and have innocent publish and deliver they to burrow as authentical  one and burrow have thereupon receive part of the pension obrian have not be  guilty of any offence but the indictment charge and it be prove upon evidence  that obrian know they to be forge when be publish they so the intention and  knowledge plain constitute the offence and make it punishable at commonlaw and  it be clear that the publisher of a libel be punishable as well as the author  there be another objection that the publish the affidavit and certificate be  several offence and shall not have be charge in one and the same indictment  this objection will have be of weight if the affidavit and certificate have be  several offence and can have have independent punishment but we be of opinion  that no part of the pension can have be receive without both a affidavit and a  certificate of the widow be alive both be require by the treasurer of the king  bounty if so these be not several independent offence modern but be only two  different fact that be constituent part of one and the same crime the  judgement be first to be carry by the marshal through all the court in  Westminster hall with a paper fix on his forehead describe his offence second  to be imprison for one year without bail or mainprize three after imprisonment  to find one thousand pound security for his good behaviour for seven year  videlicet five hundred pound himself and two substantial surety two hundred  and fifty pound apiece and to be reimprisoned until such security find obrian  be find guilty upon another indictment for a second offence of the same nature  and the judgement upon the second conviction be that obrian stand in the  pillory at Charing cross for one hour between the hour of twelve and three and  to be fine five pound the marshal in pursuance of the sentence take obrian out  of court and return with he with a large parchment fix round his head on the  forepart of which his offence be write in very large character obrian stand  upon a bench at the back side of the counsellor bar for about half a minute  and then the chief justice order he to be withdraw and carry through the other  court which the marshal accord do and then take he to his imprisonment