case piper vers thompson in scacc a to know facias upon a recognizance against  the bail recite the record to be in here part instead of in she part and it be  hold immaterial bunb S c a to know facias upon a recognizance by the bail  after judgement against the principal recite the judgement in manner follow  videlicet whereas Thomas piper late that be to say in Michaelmas term last  pass recover against as well a certain debt upon bind as also a sum of  shilling for his cost c in here part c and upon this there be a demurrer and  it be show for cause for that the defendant in the judgement ought not to be  condemned for cost in here part but it shall have be in she part c and now it  be move that it may be amend be only the misprision of the clerk which be  amendable by the statute of Jeofails in writ original or judicial and a to  know facias be a judicial writ and therefore roll Abr S where the bail sue a  audit complaint and a to know facias upon it which recite the audit complaint  the capias against the principal in the time of queen Elizabeth and the return  upon it but recite the capias to be by writ of our lady the queen of England  to our sheriff greeting direct which import the writ shall be direct to the  king sheriff be hold to be error in commonlaw but then amendable so a writ of  inquiry be amendable be a judicial writ cro Elizabeth cro and though in salk  salk ray Mod holt S c a in the case of buckskin and Hoskins where a to know  facias upon a writ of error in comens the king bench upon judgement in the  common plea ad assignand error quare execution non c in ejectment of two  message c where judgement be in ejectment of one message c it be hold that it  be not amendable for comens er p the writ be good although improper in this  case and plea of no such record be true the court by amendment ought not to  make the plea false so holt S c a vavasor and bail in the same book and folio  where in to know facias upon judgement the name of the plaintiff omit by the  defendant be not amend for there may be such judgement but the reason of these  case show that in other circumstance a to know facias may be amend say non  allocatur for it seem to I that all which by the statute h c and the judge be  empower to amend in writ original and judicial be what seem to they the  misprision of the clerk in affirmance of judgement if it be not do in  affirmance of judgement it be not amendable so a writ of error can not be  amend till the statute Geo c as appear from Mod Carth comb ld raym holt SC Str  Fitzherbert SC Cowp b c and what be not a misprision of the clerk be not now  amendable and I know of nothing which be take as a misprision of the clerk  only word of form which ought to be add of course without information of party  which be the description of the matter of form give by Lord coke   b where  word which be not pursuant to that which ought to be the direction or  instruction of the clerk and therefore in a writ of inquiry misprision which  be not pursuant to the award of the writ upon the roll can be amend for the  roll be the warrant for a writ of inquiry which the clerk ought to pursue as  appear in the case cite cro Elizabeth cro so Mod where the word per sacrum  probi of hom be omit in a writ of inquiry but if the roll do not warrant a  amendment no misprision shall be amend as if the roll award a writ returnable  on Friday prox post crast ascension a writ of inquiry of such return although  after term be refuse by the court to be amend I show Carth S c c comens so in  the case roll Abr the capias upon the roll be tempore Elizabeth and direct to  our sheriff greeting be direct to the queen sheriff therefore a recital of the  capias in a to know facias upon hearing complaint tempore James may be amend  by the roll for the capias recite be not by writ of queen Elizabeth to our  sheriff videlicet direct to the king sheriff but to the queen sheriff and this  appear in the same book roll Abr S if there be a habeas corpora to summon a  jury summon in court late the queen and a distringa be for the jury summon in  our court judgement be reverse thereby James so S in dower for the three part  of one message one stable one granary c a petit cape omit one stable be hold  not amendable a original writ if it vary from the instruction may nevertheless  be amend but not otherwise and therefore it be answer by the court that the  writ be not amendable but afterward it be agree by the court that there need  no amendment in this case for though in she part seem proper by way of recital  yet when it be say in here part that suffice for it have relation to the  judgement mention in this same writ and therefore it may well be say that the  plaintiff recover his debt by judgement and also his cost appoint in the  judgement here mention and there be precedent both way