case THONKIN against crocker Writ of error refuse to be amend though a  affidavit be make that the cursitors note be right it be to destroy a  judgement S c Lutw S c n Lut S c salk S c Carth S c ld ray S c ray Ent S c  holt S c law man ass ex motion Northey the cursitor who have make out a writ  of error wrong contrary to his instruction come and make affidavit that his  instruction be right and thereupon he be rule to amend it nisi accord to  blackmore case the writ be to certify a record of a judgement in the time of  the king and the record certify be in the time of the king and queen and it be  move to amend the writ and it be say that if this have be a original upon a  bind bear date in the time of the king and queen and the officer have make it  upon a bind in the time of the king only it will be amend so it ought here he  vary from his instruction here it be agree that want of form in a original be  not at all amendable as debet et to hold off instead of to hold off or vice  line so if judgement be against five and one of they die and error be bring  and lie ad damnum of four without mention the five this be not amend because  want of skill in the clerk it be the case of Walter v Stoke a but these be  fault in the essential part of the writ whereas this here be but a plain  mistake in not follow instruction debt be against a heir and not say in the  declaration that he bind his heir amend Leon a ld ray modern report er p  Cowper contra this original be very different from other it be to reverse a  judgement and therefore out of the letter and meaning of the statute of Henry  c the word be that the judge before who the record be shall amend writ c in  affirmance of judgement what shall seem to they to be mistake of clerk so  their power of amendment be to affirm not to reverse judgement and be quote  roll Abr cro James that the record be not remove dyer a roll Abr and this  amendment contend for will indeed make it a new writ and there be no fault in  the writ but that it command they to send a record which they have not and  they send another vide Henry holt chief justice the design of all writ of  error be to destroy the judgement and the statute of Henry c be in opposition  to modern report that and this be a good writ and there be no authority to  amend a good writ and a record in the late reign be not one in this reign and  if writ of error in such a judgement shall say in cur our men and there be no  instance of amend writ of error et per curium the rule be discharge so in  Michaelmas term in the eleven year of George the first in the case of ginger v  Cooper b the cursitor have order to make out a writ against five one be dead  and he make out a writ only against four and hold not amendable and full cost  give on quash the writ of error