Barnardiston king b the king and croak what shall be a good indictment of  forgery the defendant be convict upon a indictment of forgery of false deed  find upon the statute of Elizabeth c his counsel move in arrest of judgement  that the indictment set forth that Joseph Garbet be seize of land in fee in  right of his wife call Jawick lie in Clackston in the county of Essex contain  about acre and that the defendant in the name of Garbet and his wife forge a  bargain and sale by way of lease and release of a park call Jawick park  contain about acre be the same more or less situate in the parish aforesaid  for the consideration of and all this be lie to be do with a intent to disturb  the freehold of Joseph Garbet and his wife now the defendant exception to this  indictment be that the statute of Elizabeth make it necessary that the  conveyance charge to be forge shall appear to affect the freehold of some one  whereas in the present case it do not for that which be set forth to be  disturb be Garbets freehold in certain Barnardiston king b er p land whereas  the conveyance charge with disturb it be a conveyance of a park which be a  interest know to the law under a particular description whereas land be a  interest under a general denomination they observe too that it be true indeed  the quantity and parcel of one be the same with the quantity and parcel of the  other but that the say will signify nothing the thing themselves be in their  own nature different but the counsel for the king say that it be not material  in this case whether the conveyance be set forth to be such as to be able to  affect the land upon a title in a ejectment it be enough that the conveyance  be set forth to be such as that a court of equity will have enforce it to bind  the land if no fraud have appear in the procure of it and it have be consider  as execute good fide now that a court of equity will do this they think be  manifest from other instance a covenant be make to pass all the land a man  have in such a town call WhiteAcre he make a conveyance of all his land call  blackacre yet they submit it to be clear that if he have no land call  blackacre the court of equity will enforce this conveyance and decree a quiet  possession in WhiteAcre so in the present case if there have be a precedent  agreement to pass the land call Jawick they think it will be beyond question  that a court of equity will have enforce the present conveyance and they say  the execution of the present deed as it stand upon the face of it equal  entitle itself to the assistance of such a court as there appear to be a  consideration pay of above this position then be now to be admit that a court  of equity will render effectual this instrument the counsel offer some  argument to show that the conveyance be within the word and meaning of the  statute they observe that if this prosecution have be at commonlaw the offence  charge in the indictment will have be punishable as a forgery beyond all  contradiction for forgery in general be the act of Barnardiston king b    another hand or seal with a intent to prejudice he and whether it have that  effect or not be immaterial the present statute have indeed make that a  circumstance necessary in order that the offence may come within it but let  this be do in what way it will it be all the same so that this effect  immediate result from the act they say immediate for though such a effect may  consequential follow they allow that will not be enough as if a bind be forge  which afterward may happen to be put in suit in a court of equity the land of  the party may in the event be affect with it as upon a order of sequestration  yet they admit such forgery can not be within the meaning of this clause of  the statute but they observe that this statute be still to receive that  natural construction they contend for as other statute of forgery have be  construe in the like way and indeed it be a penal law it be a Act restrain a  infamous offence the statute of Henry which be in Rastals edition say that  whoever shall disturb another possession and title in any land shall be  subject to a action of forgery of false deed yet it have be hold that where a  conveyance of land be forge when he be out of possession it be within the Act  Inst they say too they allow the case in brook pl and title forgery of false  deed that in a action of false deed upon this statute of Henry it may be plead  or give in evidence that the plaintiff have no interest in the land at the  time of the forgery but they think there be a great deal of difference between  a civil suit where the party be to repair himself in damage and a criminal  prosecution but they observe that for the reason mention before here be too in  the present case a real damage to the party upon which they pray judgement for  the king but the court say they do allow that if the present conveyance as set  forth in the record will give a equitable right it will clear be within the  statute for a conveyance which may be enforce by a court of equity be equal a  disturbance to a man freehold as a conveyance which may be enforce by a court  of law but they say they be of opinion a court of equity can not enforce it no  more than if a conveyance be of blackacre for a valuable consideration a court  of equity can make it be a conveyance of WhiteAcre if indeed there have be a  precedent agreement set forth in the deed to convey the land call Jawick and  the execution of it have be as in the present case or any other matter have be  to have prevent the legal operation of the deed when the design of the deed  evident discover itself the court clear allow the defect of it may have be  supply but in the present one they Barnardiston king b er p think the interest  charge to be convey and the conveyance itself have no kind of relation to one  another so that at most a court of equity can consider it as a void deed and  make the party refund the money and as good remedy as this may he have at law  for take this deed to have be execute good fide a action will clear lie for so  much money receive to the party use and Barnardiston king b the method to  proceed against the defendant in a criminal way will be to indict he at  commonlaw upon which the whole court deliver their opinion that the defendant  must be acquit upon this indictment but however put the matter off to be  consider of a little long vent vern vide post S c