case buxom against Hoskins if a writ of error be bring on a judgement in  ejectment and on neglect to assign error the defendant bring a to know facias  quare performance non and recite the judgement to be of two message when it be  only of one message the variance can be amend after nul tiel record plead SC  post SC salk SC salk SC holt SC ld ray error be bring of a judgement in  ejectment and the plaintiff not assign error the defendant in error byought a  to know facias against he to have execution recite a judgement of two message  c whereas the judgement in truth be de to make one messuagio and to this the  plaintiff plead nul tiel record it be now move to amend it and for amendment  of to know facias be quote roll Abr Edward keb cro Br Abr sect cro side holt  chief justice this sort of to know facias be always to have execution and the  writ thus mention it and the plaintiff in error may if be please plead to it a  writ of error bring and still depend and assign error and holt chief justice  and the rest of the court there be a difference when the writ be bad and  vicious on the face of it and when it be good in the frame of it but not fit  to that particular purpose and all the case put of amendment be of the first  kind and some colour there will be to amend in this case if the defendant bad  appear and plead some other plea or have take no advantage of this slip so as  the proceed will have be vicious without amendment but here he have take  advantage of this slip by plead nul tiel record shall we vitiate his plea by a  amendment and they agree that wherever a original be amendable there a to know  facias will be so too but say that this will not be amend in a original writ  modern of error why because it be a good writ and will well remove the record  it describe if any be and quote the case of Hamond v jersey easter term will a  and Thomson v Crocker will b and he say if a formedon be make for ten acre  when the instruction give be for twenty he doubt it can not be amend for the  statute be to care only mistake of clerk which will endanger the reverse of  judgement and not to alter matter of fact by extend it further than it be  before and if this writ be good in itself but not ad idem the party may take  out another writ pen this for if this writ be not ad idem it can be plead in  bar of the other and against the case of Wheaden v jug cro James c which holt  chief justice say be a great strain be quote the case of walker v riches cro  car d and to amend this writ be modern er p quite to alter the nature of the  writ after it be return and execute which ought not to be et per curian no  amendment