coke a arthur blackamoor case mich James the plaintiff attorney make out a  note for a original writ in this form London Leventhorp frank recently de  Hatfield in county Essex military spirit alias dict Leventhorp frank de  Hatfield Brodock in county Essex noble c and deliver the note to the cursitor  of London the cursitor make out the original writ in this manner videlicet  Prcipe Leventhorp frank recently de Hatfield Brodock in county Essex of noble  birth alias speech Leventhorp frank de Hatfield Brodock in county Essex noble  c the entry of the capias alias et pluries be accord to the say original but  in the exigent and proclamation and the entry thereof the defendant as the  truth be be name knight and afterward he put in a supersedeas by the name of  knight and so the plaintiff declare against he and afterward judgement be give  against the defendant by default by the name of knight upon error bring the  court resolve that the record shall be amend by the cursitor accord to the  instruction give to he by the plaintiff attorney but they hold that such  original writ be not amendable by the commonlaw but by stat Henry cap of  amendment at commonlaw and by statute c roll of amendment c see   Rep Q a Mod  to Cumberb salk Lucas c post coke report b er p a original writ be bring in  London jacobus God agreeableness England c S Leventhorp frank recently de  Hatfield Brodock in county Essex noble alias speech Leventhorp frank de  Hatfield Brodock in county Essex noble a Vid serjeant William note Bennet v  Filkins sand a a quod To give back Arthuro blackamoor et John Whittingham quas  the dawn debet et injust to hold off returnable mensae michaelis the entry of  the capias alias et pluries be accord to the say original but in the exigent  and proclamation and the entry thereof the defendant as the truth be be name  knight and in easter term year James be put in a supersedeas by the name of  knight and so the plaintiff declare against he and the defendant imparle till  Trinity term follow in which term judgement be give against he by default by  the name of knight and this mich term year James king a writ of error be bring  and ib be move by Houghton sergeant that the say original may be amend because  John Bunbury the plaintiff attorney draw a note or title of the writ in this  form London Leventhorp frank recently de Hatfield in county Essex military  spirit alias dict Leventhorp frank de Hatfield Brodock in county Essex noble c  ut above and deliver this note or title to the cursitor of London and he  mistake it in hoc that where in primo nomin he ought to be name military  spirit in primo nomin the cursitor name he noble as he be name in the  obligation and this be the true case as appear on the examination of the  cursitor and of the say attorney upon their oath and coke b upon view of the  note or title in full court and whether this be amendable or not by this court  the original be purchase out of another court sure the chancery be the  question and the case be well argue at the bar by counsel on both side and at  last it be resolve per totan curian that the record shall be a roll Popham a  amend by the say cursitor and make accord to the note or title deliver he by  the attorney b Vid full upon amendment Tidds practice chap amendment lee  practical dictionary amendment Com dig Bac ab vin ab title amendment b and for  the better understanding of the law and of the true reason of the rule of our  book in this and other case of amendment we must consider if in this case the  say original writ be amendable by the commonlaw or by any statute and by what  statute and it be resolve that a original writ be not amendable by the  commonlaw in the case of a common person vide e amendment which be before any  statute make concern amendment c and in Edward variance Edward amendment but  in the king case in a quare hinder where the writ of quare hinder be b  Fitzherbert amendment e b   b Com dig amend a b prsentere for prsentare after  exception take to it and before answer by the advice of the chancellor out of  which court this writ issue and of the judge of the king bench the writ be  amend in the chancery and the defendant be put to answer it by award vide c    b   a Fitzherbert amendment Br essoign Br brief Br office deal court Br faux  Latin c h b d ante b Br amend Br faux Latin postea b d ass p and where there  appear in e Br amend e Edward Henry a b a diversity of opinion whether there  be any amendment at the commonlaw or not it be without question that at the  commonlaw a fault of entry of a continuance or of a essoign which be the  misprision of the court itself in the form of entry be amendable by the court  as appear by Edward f e a Fitzherbert amend Com dig amend a f where W bring a  prcipe against b who vouch to warranty c who enter into the warranty and plead  to issue a venire facias issue c and the jury be respite and in the roll it be  enter Jur inter b and c which be between the tenant and the vouchee in such a  plea to put down in respect where the entry ought to be Jur inter W et c who b  to call ad warrant et who ei war and because this misprision of the entry in  the roll be take to be the default of the court it be as in the case of a  essoign amend by the court so in Edward a the misprision of the court in the  entry of a essoign coke report a er p be amend by the court and Edward  amendment send for which book be before any statute of amendment vide a Br  amend Fitzherbert amend a Henry a Edward amendment Edward title amendment and  at the commonlaw variance in any part of the record of the original be  amendable by the commonlaw as it be say in b Br amend postea a b Henry a so at  the commonlaw the judge may amend as well their judgement as any other part of  the record c in the same c   light a   b Lord raym c term coke a for during  the term the record be in the breast of the judge and not in the roll vide h a  b d Fitzherbert amendment d e b r e Br amendm e a b but at the commonlaw the  misprision of clerk in another term in the process be not amendable by the  court for in another term the roll be the record Com dig amend b and therefore  by the statute of f   a f e cap which be the first Act of amendment it be  enact by the misprision of clerk in every place wheresoever it be no process  shall be annul or discontinue by mistake in write one letter or one syllable  too much or too little c but shall he hasty amend in due form but this statute  extend only to the amendment of the mistake of the clerk in process to be  amend in due form for year Edward amendment which be the next year after the  statute make in detinue of three write by omission of one write in the  continuance all the proceed be discontinue notwithstanding the new statute  sure e which give that the process shall be amend vide g Fitzherbert amend Br  amend g Edward b and this statute extend to a writ judicial or process as in  trespass the nisi prius be ad damnum S where the record be and the jury at the  nisi prius find and the writ of h Br amend roll Fitzherbert amend post a dyer  pl more h nisi prius be amend by force of this statute and make accord to the  record Henry a vide Edward and in Edward it be observe that a man have often  see the judicial writ amend by the roll but the roll never before the same  case as it be there say be amend vide Edward Henry Henry and Edward postea  Fitzherbert amendm Br amendm Edward b Henry h but this statute do not extend  to a original writ nor to a writ which be in the nature of a original for that  be not include within this word process and therefore king Br amend Br faux  Latin king Finchden say in Edward a if a original writ want form it be  abateable because a original be make in one place and pleadable in another and  by amend otherwise it be of a writ judicial vide Henry a l Br amend post roll  Br protection Br misnomer Br variance Fitzherbert variance l a protection  shall not be amend in the common plea because t so it be hold in Henry a every  original writ shall abate for want of form as if the wife be name before a h b  a palm leo Br brief Br faux Latin Br to know facias Fitzherbert brief a the  husband as well as if it want matter without any amendment but a judicial writ  shall not abate for want of form if it have sufficient matter b Br misno Br  variance Fitzherbert variance b Henry a a original TR or that which be in the  nature of a original shall not be amend and therewith agree Edward coke report  b er p amendment in Wagams case Edward vide h a so in c post b c Edward  amendment in a writ of entry without assent little head bring by a abbot  against r who plead non to send different ways c et de hoc to put down see  superpatriam et prd b similiter where it shall be et prd abbas similiter and  the jury be discharge and it be not amend for it coke b vas not within the  statute which give that process shall be amend in due form and therefore the  party repleaded and it be to be know that this word process which be the only  word in this statute which be to be amend be take in law in two signification  in one large and in the other strict and in the large sense it be take for all  the proceed in all real and personal action and in all criminal and common  plea et b a processus to lead off aprocedendo ab oriqinali usque ad that which  divides vide Britton and in this sense it be take in the register original a  in the writ de continuando process post death capital crime justice in a writ  of oyer and terminer within which word processus as it there appear be include  not only the judicial process but also the commission indictment roll et alian  memorandum and in elsewhere sensum this word processus be take more strict  know for the proceed after the original upon the plearoll before judgement and  that appear in the writ of error in the register and d f n b I d d f n b the  word of which be because in think over et process ac etian in reddition  judgment c where record contain the plearoll and processus all the proceed  upon it until the judgement see the writ of certiorari in the register a and  in this sense in all action real personal and mix and not in plead of the  crown be the say Act of Edward to be intend and this appear by the say book in  e ante a e Edward amendment for the misprision be in the plea roll and  therefore it be not amend and Edward a b in trespass distress issue f Br  amendment f quindena Trin returnable quind mich and the roll be de quinden  Trin ad quinden Hilar and at quinden mich it be plead to issue and find for  the plaintiff and the defendant show this matter in arrest of judgement and  the justice will not amend the roll which there be call the original but award  the party to replead but in Edward amendment the mistake be in the entry of  the essoign which be out of the record or plearoll and that be part of the  process I e proceed amendable by the say Act and that appear more full after  but upon this statute there be diversity of opinion in diverse point know if  the justice before who the plea shall be depend by adjournment error or  otherwise vide ass p shall have power to amend the mistake of the clerk in  process in write a letter or syllable c also if they may amend it as well  after judgement as before and these doubt be explain and declare by the  statute of Henry c and h c to extend to all the justice and as well after as  before judgement and also a great doubt be conceive on these word write a  letter or syllable too much or too little if a word may be amend and a  Fitzherbert amendment Br amend a Edward b Belknap say that the statute coke a  of e c that b Br amendment Fitzherbert amendment b a letter or syllable too  much or too little in a word may be amend but where there want a word of that  the statute speak nothing Thorp it be heretofore debate here before we if a  word fail in the record if it may be amend as if it have fail but in a  syllable or letter and sir Hugh green and I go together to the Council and  they be twentyfour of the bishop and earl and we c Mod Rep see salk c demand  of they who make the statute if the record may be amend and the archbishop or  metropolitan say that it be a nice demand and a vain question of they if it  may be amend or not for he say that it may be as well amend in this case as if  it be but one letter for if a letter or syllable fail in a word it be no word  wherefore if all the word fail it may be amend as well as if it fail but of a  letter or of a syllable for there be no more difference in the one case than  in the other and in Edward a the coke report b er p question also be if a word  may be amend by the statute of Edward and there Thorp say that it shall be  amend by the statute for heretofore we be in doubt of it and because there be  diversity in the surname in a writ it be bring for the same cause into  parliament and the lord who make the statute say their meaning be that in all  these case the process shall be amend note where it be say in Edward b that  the justice go to Council it appear by Edward a that they go to the parliament  to know the opinion of those who make the law Henry a in a prcipe the original  be mich de t and the mean process be mich t and d roll ante a Br protect Br  misno Br variance Fitzherbert variance Br amend d de omit and a protection be  cast by the name of m t and the mesne profit be amend by the statute of Edward  and that a word shall be amend within these word letter or syllable and  eastern rather because de be a word and syllable also but the protection be  not amend because it be make in another court h it seem that a e ante b Br  amend Com dig amend c e title shall be amend within these word letter or  syllable to take away all which doubt and to enlarge the power of the justice  in amendment the statute of Henry cap Cumberb be make and that stand upon two  general part know against corrupt and falsify of record by erase interlining c  which clause do not concern the case in question against the mistake of clerk  by force of which the amendment be in the case at bar the word of which branch  be and that the king judge of the court and place in which any record process  word plea warrant of attorney writ original or judicial for so the statute  speak in the first clause pannel or return which for coke b the time shall be  shall have power to examine such record process word plea warrant of attorney  writ pannel and return by they or by their clerk and to reform and amend in  affirmance of the judgement of such record and process all that to they in  their discretion seem to be the misprision of the clerk in such record process  word plea warrant of attorney writ pannel and return c so that by such  misprision of the clerk no judgement shall be reverse or annul note reader  where the Act of a e c a Edward speak only of process this Act of b h c b  Henry be of far great extent for it extend to process and to seven other thing  scilicet I to any record word plea warrant of attorney to a writ original aid  judicial as appear by the first branch of the Act pannel return so that the  power of the justice as to amendment be by this statute great enlarge also  this statute give they power of examination of reformation and amendment the  statute express the matter which they shall reform and amend scilicet all that  which to they in their discretion seem to be the misprision of the clerk in  such record process word plea warrant of attorney writ pannel and return as to  the first they have power to examine such record process c in two manner by  themselves by their clerk as to the power of reformation and amendment they  have power only to do it in affirmance of the judgement of such record and  process but although their power be thus enlarge yet the misprision of the  clerk as it be in the Act of e be only to be amend and because there appear  prima fancy great uncertainty in our book concern amendment whereas in truth  there be not any more certain rule in the law if they be well observe and  understand than in case of amendment it will be necessary brief to collect  they out of the book at large touch the construction of this statute and  because this principal case be of the amendment of a original it shall be show  in what case the misprision of the clerk in original writ shall be amend  within this statute and in what not every original writ stand upon two part  one upon a artificial form accord to the register and that the c roll Rep c  clerk ought ex duty to do by his knowledge and skill without any coke report a  er p instruction of the party the other upon the true instruction by the party  of the truth and particularity of his case requisite to the compose of the  writ and that the clerk can coke a do without the party so that a original  writ may be vicious by misprision either of the clerk or of the party by  misprision oh f the clerk in five manner by mistake the legal form by mistake  of one word which S not any Latin for another by omission or addition of word  by mistake the record specialty write copy instruction note or titling of the  writ deliver to the d Cr Elizabeth d clerk or take by the clerk for frame the  writ by misprision of the clerk or officer in negligent keep or voluntary  deface c of a record c and because the case of amendment in the case at bar be  not for any misprision of the bind on which the writ be ground for he have  pursue it in all in which bind the defendant be name generous as he be in the  writ but the misprision of the clerk of the chancery be in this that he do not  pursue the note or instruction in write deliver he sure to name the defendant  knight in primo nomin because after the make of the bind he be make knight  this difference be first to be observe that if the original writ want legal  form it be such a a Cr Elizabeth   a b a misprision which be not amendable by  this Act for the officer and clerk of the chancery be bind by the duty of  their office to have skill and knowledge in the true form of original writ  which be the b   a   light b say beforehand advance f n b b foundation upon  which the whole law depend and therefore if form of original writ shall be  neglect ignorance the mother of error and barbarousness will follow and in the  end all will be involve in confusion in subversion of the ancient law of the  land for in this case it be true that form that be and therefore it be never  the meaning of the maker of the Act within these general word misprision of  the clerk in original writ to c Cr Elizabeth c extend it to misprision of the  form of the original writ which will introduce so great inconvenience and  therewith agree a notable judgement in Edward b and a in Elizabeth hatley case  where a writ of debt be bring against executor for a debt due by the testator  in the d Br amend Fitzherbert amend   b d debet et to hold off where by the  form of the register it ought to be in the to hold off only c Vid note a  hargrave case   b c and there it id resolve by the whole court that it shall  not be amend for there a difference be take and resolve between c Vid note a  hargrave case   b e negligence and ignorance of the clerk for negligence that  be the oversight of the clerk in mistake S if he have the bind or a copy of  the bind and do not follow it f cro Elizabeth f the mistake that be oversight  and negligence in this case and in all like case shall be amend by the statute  of Henry but g Cr Elizabeth g ignorance or not know for knowledge sciolorum be  to mix ignorance of the clerk in coke b the legal form and course of the  original be not a misprision amendable by the say statute so if the writ be  prcipe quod to loosen for h e b Br amend h prcipe quod To give back or war  chart unde bargain to have for unde paper to have these be fault of form and  therefore be not amendable by this Act and for the first part of this  difference as to the copy of the bind it be hold in Henry a that where the  clerk of the chancery use to take titling of the matter which the party show  they if the party to have a formedon in descender show the clerk that the land  descend to one as son and heir of the donee c and the clerk draw the writ that  the land descend to he as son and omit I Fitzherbert amend Br amend I heir if  the clerk show his titling and will testify it it shall be amend in the common  plea and that be by the say statute of king h c king Henry vide Edward b Henry  a b and Henry b agree to the case of a copy but if the writ want legal form it  be not coke report a er p amendable vide Henry l Fitzherbert amend Br amend Br  brief postea b l Henry b Henry Henry Henry and upon this reason it have be  often adjudge since this statute of a h c a Henry that false Latin lev c ib in  a original writ shall not be amend because it want legal form and be to be  impute to the ignorance of the clerk Henry b as b Br faux Latin vent sand hob  b hos breve for hoc breve and the commonlaw be curious in observe the form of  the register and therefore it be adjudge in Edward b a that where a trespass  do by diverse be joint or several at the will of the plaintiff yet in a action  against John guardian of the hospital of b and brother rob l and brother  Richard f inasmuch as this default of the clerk for want of form that these  brother be not name Confrerers as it ought to be by the form of the register  the writ shall abate against all although the guardian be well name but in  trespass against two misnomer of one of the defendant shall not abate the  whole writ but it shall stand against the other who be well name for there  Herle take the difference when the writ abate by the plea of the one for want  of form although the other have plead to issue the writ shall abate against  all Com dig abate n   b but although one may abate the writ for matter in fact  as by reason of the misprision of his name nevertheless the writ shall stand  against the other vide h h h e e ass ass p ass p Hen e brief e brief h blow  Com in assize of fresh force but as to the second manner of misprision in  negligent write of a word which be not a Latin word that be amendable as c  vent Fitzherbert amend Br amendment c imaginavit for to give an image of be it  shall be amend as it be adjudge in Henry so be it adjudge in Edward as  Bendloes sergeant report that where in a writ of aiel the writ be be eager or  anxious d Com b more and n Benl pl lev seem contra per Twisden and Windham I d  for out of the way it be amend d Vid stat Geo cap that proceed in court of  justice shall be in the English tongue d coke a as to the three manner of  misprision in negligent omission or addition of a thing which it appear he  himself ought to have add or omit of course as by the omission of God  agreeableness in the king style it shall be amend Henry so Edward as Bendloes  sergeant report these word in a partition faciend e   b more and dal pl n Benl  pl e ostensur quare non feceret be leave out and it be amend vide h a Henry b  Henry for addition of that which be apparent ought to be omit but the f Cr  Elizabeth f omission or addition of any thing which alter the form of the writ  be not amendable as the addition or omission of g   b g to hold off as appear  in h a b or the addition of debet as appear in e b a as to the four manner of  misprision know of the record or specialty c vide h h h h amendment e as to  the five manner of misprision in negligence of a clerk or officer not in write  c but in negligent keep of the record or in voluntary deface of they whereby  the record become imperfect or erroneous in Trin Elizabeth the case be that  Henry Fitzallen late earl of a and a Arundel in the reign of queen mary suffer  a common recovery of diverse manor and of land and tenement in the county of  Sussex and the original writ upon the recovery be bad be great and broad than  the other writ of the same file by the negligence of the officer by continual  handle of it a great part of this writ which be more spacious than the rest be  coke report b er p obliterate and wear out so that but one letter of many of  the name of diverse of the say manor can be perceive but the name of the manor  be true recite as well in the count which always brief recite the writ as in  the to have facias seisinam and whether this original be amendable or not be a  great question between p Howard earl of Arundel cousin and heir of the say  Henry earl of Arundel and the Lord Lumley to who the say Henry earl of Arundel  have convey diverse of the say manor c and to resolve this question sir  Christopher Wray chief justice of England sir Edward Anderson chief justice of  the common plea sir Roger manwood chief baron of the exchequer and all the  justice of England assemble themselves together and it be resolve by they all  One voice that the original writ shall be amend accord to the other part of  the record sure the count and the to have facias seisinam and that this  misprision and negligence of the clerk in keep of the original writ shall be  amend by this statute of Henry for here do not appear any want of knowledge in  the clerk but misprision and negligence in keep of the writ which be a  misprision within the letter coke b and meaning of the Act and eastern rather  in this case because it be in a common recovery suffer by assent of the party  for assurance of land and although it be enact that if any record or parcel  thereof writ return pannel process or warrant of attorney in the king court c  be voluntary b palm   b Inst Standf pi cor b dalt just Mod b steal carry away  withdraw or avoid by any clerk that it shall be felony that do not prove that  if the original writ or other part of the record be voluntary steal c that it  can be supply and amend by the other part of the record for it be resolve that  in both case as well where the record become imperfect and erroneous by  voluntary offence of the clerk as by his careless negligence that it shall be  amend for all be within this general word misprision of the clerk but if such  part of the record which be so steal c or which appear not can be supply by  the other part of the record nor by any exemplification make of the record  then it can be amend and vide the first clause of this Act of Henry give  remedy among other where any subtraction or diminution be of any record  process warrant of attorney original writ c and accord to this resolution a  fine be amend of mich JfZc as appear by the order and rule of court follow  Crompton mich James king Lincoln sacred scripture in fine alleviate in cur hic  in octab consecrated hilarii year reqni dom Elizabeth recently Regin England  inter robertum Tyrwhite soldier et all quer et Edmund Dighton armiger et all  deforce de manor de great Sturton Parva Sturton et all in come prd because  constat cur super look foot the same Finis quod per humiditatem money et rain  super that descenden idem pes fine to such a degree obliterat be ut mult lin  the same totalit delit ita ut law non to be able yet per breve de convention  et dedimus power de cognition ind capiend ac per concurrence agreement et  notam m the same Finis satis to be fluid et opparet queen to be word in eoden  pede prius scribe therefore ordinatus be quod prd pes Finis cum call out super  ind endorsat per chirographar de to make new rescriba ita quod concord cum prd  shorten de convent dedimus power concurrence agreement et notam ejusd Finis et  cum other call out endorsat super pedes that which divides ejusd term et quod  prd pes Finis such oblitera a filac ind abstraha et prd pes Finis such de to  make new rescript in loco the same affiletur and this brief shall suffice for  amendment of the misprision of the clerk in a original writ e the true rule be  that original writ may be amend by h c where it be only the misprision of the  clerk but a mistake occasion by the nescience or ignorance of the clerk be not  amendable by that statute per will CJ win v Thomas will e and as to the case  at bar the coke a rule of the court be in these word Crompton ordinatus be per  cur hic super hearing council a bag of hide birth et examination clergyman  Cursistar London et attorney quer super sacrament svan in cur hic quod hc act  of adding noble nomin defend in priori part short catalog Oriental de debt is  owed livre ind retorno et affilat in banc hic intense michaelis year royal  power king nunc seven et all men coke report b er p misprisiones in think over  et process ejusd plea pro ind subsequen to free from faults et fiat military  spirit secundum an array in script prius deliberate prf Cursistar videlicet  prd breve original per prfat Cursistar et record et process prd per Philizar  what Curi the next word in the Act of a h c a h be record and the first part  of the record be the count and brief a count which want substance shall not be  amend in another term f it be now settle that while the plead be in paper and  before they be enter on record the court or a judge will amend the declaration  plea replication c in form or in substance on proper and equitable term Tidds  practice Vol two that ed f as appear b Fitzherbert count Br amendment b h g a  c Br amendment Br count Br faits Fitzherbert Forge de faux faits c h b d Br  count d h a e Br count e Edward b Edward f Br amendment f h a vide h and h Br  amendment for the king case but it be enact by the statute of a   b Cr  Elizabeth Bulstr dyer pl   light b a e cap that by the ancient form and term  of pleader no man be prejudice so that the matter of the action be full show  in the declaration and in the writ vide Eveleighs case Elizabeth dyer by the  statute of e c the declaration have substance shall b Plowd b Bulstr dyer pl b  not abate for form vide h a in a writ bring by John Gargrave against Thomas  Beamond on a bind and the bind be noverint c I Thomas Beamond tender c Joseph  Gargrave without addition and the writ be prcipe c quod To give back Joseph  Gargrave c Fitzherbert amendment Br amendment Fitzherbert brief Br brief Br  nugation c c arm with addition and it be move that it may be amend by the stat  for it be the misprision of the clerk but it be adjudge that the writ shall  abate for this variance and shall not be amend as it shall if it be on the  defendant part for where the surplusage be on the plaintiff part as well in  the Writ as in the count a man can mend his own count and this judgement be  after the say stat of d h cap d h which prove that the say first clause of  this very Act which speak of addition or diminution c extend only to  corruption and misdemeanour in addition or diminution and in vitiate of a  record and not where it be do in rei in point of fact although it be by  misprision vide e b e Fitzherbert amendment Br amendment Br brief Br count  roll h a Br amend Fitzherbert amendment e a space in the declaration for the  place where the obligation be make be not amendable in another term and this  which have be say of the count shall suffice other part of the record be plea  in bar replication c and regular matter of substance in they and especial  matter of fact shall not be amend in another term as omission of averment et  hoc parat be verify c vide stat annae c for in some case as in avowry c it be  not of necessity but colour which be of course and in which there be a  misprision of the clerk shall be amend coke b and the record in another term  may be amend by the f Cr Elizabeth salk f paper book of the office for it be  the misprision of the clerk in the enter of it and no fault in the party or  his counsel g Fitzherbert amendment Br amend Br brief before b g h b h Br  amendment h h a b a h a b coke report a er p I Br amendment Fitzherbert amend  I h a king Br amend king h b the misprision of a certificate of a record on a  writ of error shall be amend accord to the record e and h but that be by the  express provision of the say statute of h for it be the act of the judge which  be not amendable by the say branch of the Act as shall be say after a thing  apparent to be a misprision which the l Cr car Cr James l clerk of course  ought to have add without any instruction of the party although it be in a  material point shall be amend in another term as if in debt bring the  defendant plead nil debet et de hoc to put down see super native land et prd  defendens similiter where it m Cr James roll salk Skinner m ought to be et prd  to express grief similiter it shall be amend by this Act of h h send for which  case be not amend b this Act of e as appear by the book in e before for the  first Act speak only of process and this Act speak of the record and plea so  in a action bring against sir Roger townsend he plead in bar and conclude  which matter prd johan be ready to aver where it shall be rogerus and it be  amend by the advice of all the justice as it be report in h a and as to the  writ of nisi prius it be to be know that the misprision of the clerk of the  treasury who write it be also therein amendable by this statute and to be make  accord to the record but with this caution sure that the record of nisi prius  have sufficient matter in it either express or imply to give authority to the  justice of nisi prius to try the issue for they can try any issue by force of  the statute make thereof without authority give to they by writ of nisi prius  and so it be adjudge in h a b in debt against I S husbandman issue be take if  he be husbandman die obtain short catalog and the writ of nisi prius be  whether he be husbandman omit these word die a Fitzherbert amendment Br amend  salk Lord raym a impetrationis short catalog which be the material point of  the issue but the roll be well and the jury pass for the plaintiff and find  that the defendant be husbandman die impetrationis short catalog and the writ  of nisi prius can not be amend by the statute of h because the justice of nisi  prius have no power to try the issue contain in the record because die seek by  auspices short catalog be omit in the nisiprius and if the justice of nisi  prius have take the verdict accord to the issue in writ of nisi prius that he  be husbandman general without say die impetrate short catalog it have be  contrary to the roll wherefore it be award that the plaintiff shall sue a  venire facias de to make new but Elizabeth dyer in partition fac by Wotton  against b roll dyer pl Cr car Brownl Bulstr Yelv Cr Elizabeth palm more b  Anthony cook and temple who appear and temple coke a confess the partition and  judgement give accord send cesser execution cook convey title in severalty and  traverse the supposal of the writ and count by without hoc the plaintiff  maintain the writ and count et hoc petit quod to seek after per native land et  prd Antonius similiter therefore c and in the record of nisi prius the issue  be well recite and no part of it omit but where the plaintiff conclude et hoc  petit quod to seek after per native land by the negligence of the clerk of the  treasury the writ of nisi prius be et prd similiter omit this word Antonius in  the close and join of the issue and far the jury enter into the record of nisi  prius be inter Wotton plaintiff and cook and temple defendant where temple  have make a confession of the partition before and so a stranger to the issue  but the record which warrant it be well enough and notwithstanding these fault  and misprision the issue be try at nisi prius and afterward by the rule of the  court of common plea the verdict be well take and the say misprision be amend  for sufficient authority be give by the writ of nisi prius which be but the  transcript of the record to try the issue and to take the verdict if a man  declare of damage of and the record of nisi prius be S and the jury give  damage the a before fol a dyer pl Br amendment roll Fitzherbert amend more a  nisi prius shall be amend and make I accord to the roll coke report b er p for  it be the misprision of the clerk which do not change the issue vide h b h a b  and so it be adjudge in h a vide e Br b before a Fitzherbert amend Br amend b  e vide after when misprision of the clerk in the entry of the verdict of  judgement which be other part of the record shall be amend as to word that  have be explain before as to this word plea that have be explain before in the  word record which include it as to c palm b n c c warrant of attorney Henry Br  Amen in medio h Br amendment in fine see Henry amendment Henry amendment man  dyer d dyer pl roll roll Rep d Elizabeth dyer e dyer pl roll vide h c and  Elizabeth c e Elizabeth dyer f dyer pl roll f Elizabeth dyer g dyer pl roll  roll Rep g but when no warrant of attorney be put in it be not remedy by this  Act as to panel and return in what case misprision of they shall be amend  within this stat vide h Fitzherbert amendment Br amendm h e a b e a h after  the sheriff be remove or dead c h h h but no return be not help by this  statute and it be to be observe that I roll Rep will Tidds practice that  Edward Chitt Rep I those thing which be amendable before the writ of error  bring be amendable after the writ bring and if the king roll Rep king inferior  court do not amend they the superior court man amend they it be necessary now  to show two thing what thing be not amendable by this Act of h how many of  they not remedy by this Act be remedy by other statute as to the first this  Act of h c nor the Act of h c do not extend to misprision they do not extend  to want of a original g in car v shaw TR Lord Kenyon CJ say that there be no  doubt but even a original may be amend on a application to the master of the  roll though it can not be amend in the court of KB that when he be master of  the roll he have know several instance of the kind and that before he be  master of the roll a original have be supply even in the case of a penal  action bring by sir r Bampfylde on the game law g but to misprision of the  clerk as coke b be aforesaid in a original they do not extend to misprision of  l   a l form in the original either false Latin or variance from the register  they do not extend to a material variance betwixt the original and the count  they do not extend to insufficient trial sure when the venue be mistake but  misprision of the clerk in the entry of the m palm salk m verdict shall be  amend in another term accord to the note find by the juror so be it adjudge in  Rawlins case in the four part of my report Elizabeth b they do not extend to a  jury return by the coroner where the sheriff ought to return it or e contra  vide Bainhams case in the five part of my report fol b vide Elizabeth dyer  they do not extend to a trial where no return be endorse on the venire facias  a   b a a Roland case in the five part of my report mich Elizabeth fol b they  do not extend to a trial where one appear who be not return on the venire  facias vide countess of Rutland case in the five part of my report folio they  do not extend to a return of the venire facias without the palm name of the  sheriff they do not extend to a jeofail want of colour insufficient plead or  to any other default of the party or of his counsel h e e h coke report a er p  for the statute extend only to misprision of clerk for the same reason they do  not extend to any error or misprision of the judge in any term pass r e vide h  but misprision of the clerk in the entry of the judgement of a thing which be  apparent b roll Rep b and not of necessity be amendable as the misprision of  the sum of the arrearage before and pen the writ of annuity shall be amend ft  dyer they do not extend to that where the justice of nisi prius take the  verdict post Self diem in bank man dyer and h they do not extend to want of  warrant of attorney this statute nor the statute of h c do not extend to help  any of the imperfection or misprision where a verdict be give on a issue join  betwixt the demandant and the vouchee c   b   b Anders pl Benl kelw b Benl in  ash pl hob James c c or the tenant and the vouchee as it be resolve mich I  Phil mark Bendloe but if any error in law be in the judgement as therefore in  pity for pro to take in hand or e contra or the like vide stat whether c that  be not amendable in another term as it have be oftentimes adjudge h by stat  James c judgement after verdict shall not be stay or reverse by reason of any  variance in form only between the original writ or bill and the declaration  plaint or demand c or by reason that the venire facias habeas corpora or  distringa be award to a wrong officer upon any insufficient suggestion or by  reason the visne be in some part misawarded or sue out of more place or few  place than it ought to be so as some one place be right name c c or for that  the sheriff name or other officer name be not set to the return of any such  writ so as upon examination it be prove that the say writ be return by the  sheriff or under sheriff or any such officer and by and car c judgement after  verdict shall not be stay or reverse for want of form or pledge return upon  the original writ or because the sheriff name be not return thereon or for  want of pledge upon any rule or declaration c c nor for want of averment of  hoc a preparation be verify or of hoc a preparation be verficar per record c  or for that there be no right venue so as the cause be try by a jury of the  proper county or place where the action be lie nor any judgement after verdict  confession by cognovit act or relict verificatione shall be reverse for want  of pity or to take in hand or by reason that a to take in hand be enter for a  pity or e turning c by Geo I c judgement after verdict shall not be stay or  reverse for any defect or default in they in form or substance in any bill wit  original or judicial or for any variance in such writ from the declaration or  other proceed by stat whether c the statute of Jeofails be extend to judgement  upon confession nil to say or non sum shape in any court of record so as there  be a original writ or bill and warrant of attorney duly file accord to law and  by stat whether c this and all the statute of Jeofails be extend to writ of  mandamus and information in nature of a quo warranto by stat Geo cap every  writ of venire facias for the trial of any issue civil or criminal shall  direct the sheriff to return the jury of the body of his county h nor do they  extend to a appeal nor to plead of the crown nor to any proceed upon they for  they be except nor to the amendment of any exigent to make any one to be  outlaw c h e e h h vide h now as to misprision not remedy neither by the stat  of h c nor by the stat of Elizabeth c all the say misprision not remedy by the  say stat of h remain yet not remedy by any law or statute where no verdict be  give upon issue join as if judgement coke a be give upon confession demurrer  nothing to say non sum shape or otherwise than by verdict of twelve man upon  issue join when a verdict upon issue try be give ten misprision be not remedy  by the statute of h Elizabeth or any other statute but yet remain not  amendable material variance betwixt the original and the count as it be  resolve in bishop coke report b er p case in the five part of my report I Vid  note b bishop case   b I when the original or count want substance vide  freeman case pasch Elizabeth in the five part of my report fol insufficient  trial sure when the a James c hob a venue be mistake and verdict passes when  the return of the jury be by the coroner b   b b where it ought to be by the  sheriff or e turning when the sheriff do not put his palm name to the return  of the jury where on the venire facias c no return be endorse although verdict  passes when one appear and be swear and among the other give verdict who be  not c Cr car Jones c return on the venire facias c in a appeal or plea of the  crown as indictment c or any proceed upon they for they be except in the act  of h and Elizabeth and the statute of h do not extend to they although verdict  on issue try be give for the plaintiff yet if on d before b b   b wing Max d  the whole record it appear to the court that the plaintiff have no cause of  action he shall never have judgement and that be not remedy by any statute as  it have be oftentimes adjudge a error in law by misprision of the judge in the  judgement enter in another term be not amendable by any statute if the  plaintiff in a assize recover and have not put in any warrant of attorney this  error be not remedy by the statute of h as appear Elizabeth dyer e dyer pl  bridge roll Rep Bulstr e for the word of that Act be for lack of any warrant  of attorney of the party against who the issue shall be try so that when the  verdict passes for the plaintiff the lack of warrant of attorney for the  plaintiff be not aid by that statute nor e contra but it be help by the  statute of f Elizabeth c f Elizabeth for there the word be general for want of  any warrant of attorney so that these word extend as well to lack of warrant  of attorney of the party for who as against who the verdict passes case in the  court OF ware