Barnardiston king b the king and ware what shall be say to be a forgery at  commonlaw the defendant be convict in a information for forgery move several  thing in arrest of judgement first that this information be lie at commonlaw  and information of this sort for forgery do not lie but where the thing forge  be a write under seal and this be only a forgery of a order from the duke of  Buckingham to ware but the court be of opinion that this be a offence  indictable at commonlaw for they say equal prejudice may attend another in the  have his order or receipt forge as in the have his deed forge or other  evidence and that this be a matter never question appear from several case  wherein the counsel have take remote exception to such indictment but never  move this in arrest of judgement as in salk they do indeed admit the case in  Noy to be law where the oblige change the word scales to narcis be hold to be  no forgery but they say the reason of that be because such alteration can not  be to the prejudice of any person but the obligee himself and they say forgery  be the alteration of any write which may be give in evidence by the mean of  which another may be prejudice the second exception be that the offence be not  sufficient lie in the indictment for the word be Johannes ware obligabilis to  step out ad deliberand three hundred trick alumni England tun of alum Duci de  Buckingham ad that which is fixed diem past ipse idem Johannes to contrive  skilfully to stretch out ad that which must be avoided deliberation prediction  commit this forgery on the first of February now they object that it do not  necessary appear that the defendant be Chargeable at the day he commit the  forgery and if so it be no forgery indictable because at the time of the  forgery there must be a possibility of a prejudice come to another but the  court say that the word ipse idem Johannes be surplusage and they will throw  they out and then they say they must offer violence to common sense and  grammar to give any other meaning to the word than that he be Chargeable at  that day for how can he intend to avoid the say charge by the forgery if there  be not any charge upon he at that time a three exception be take to the  publication but the court say they do not care what become of that for in the  information there be two distinct charge one of forge the order the other of  publish it and if the first be make out that be enough for they to give  judgement upon a four exception be take to the word dolium for they say it  only signify a tun in measure and not in weight but it be overrule several  precedent be cite wherein it be use in the present sense five to the word  contrafeci for   where the word shall have be controfecit but this it be say  be the constant old word six to a disagreement between the venire and the  distringa in the one the issue be join between the king and the defendant in  the other between the attorney general and he that exception be overrule  likewise Barnardiston king b er p