case yates against Windham vide ante page case a writ of error in person thou  can be bring to allege diminution after in nullo erratum plead post latch cro  car Carth vent Bac Abr ld raym salk stram ante post error after the error be  examine the plaintiff discontinue his writ and because there be a manifest  error in part of the record which remain in the common plea he obtain a writ  out of the chancery to Anderson c j to remove the residue of the record which  writ be in the register and this part of the record be remove and send into  the queen bench he bring a new writ of error in person thou to sit back and  will assign error upon the new part of the record remove coke move that this  writ be not warrant by any course for this be to allege diminution after in  nullo be erratum plead and the shall he infinite which law will not suffer and  this course be not a writ of error to proceed upon the first record for then  it shall not vary from it for all shall he enter upon the first roll but here  it shall he upon a several roll which be not by any mean warrant Tanfield we  have sue a special writ to remove the residue of the record and another writ  to the court to proceed upon the whole record which be now in court which be a  special writ upon our case and all that be remove be but one record and all be  remove we can have any other writ and so be not infinite and at another day be  move again coke say the writ which be now bring be but a writ of diminution  which ought to issue out of this court for this be the writ of diminution in  Fitzherhert and the plaintiff after a scirefacias ad to hear wandering shall  not have a a by will c S if a defendant die after interlocutory and before  final judgement in any action original maintainable against executor c the  plaintiff shall have a to know facias against his executor c croak Elizabeth  er p writ of diminution for he be to see that the record he full before he sue  his to know facias upon it and the defendant after in nullo be erratum plead  shall not allege diminution as the book be and then it shall he a great  mischief if the defendant shall have no mean to allege diminution that yet the  plaintiff by his own act shall have croak Elizabeth it by discontinue his writ  of error and a writ of diminution ought to be award out of the court where the  record be and not out of chancery Tanfield a writ of diminution do allege a  certain parcel of the record which be not certify but here no part in certain  be allege but general residuum record and therefore it be not a writ of  diminution but admit it he not well remove yet be it not material for be here  it be to he examine by the court as if a indictment he erroneous remove yet be  in court it shall he proceed upon Edward pl Edward pl the court ex duty in  some case ought to award a writ of diminution where the party be estopped and  all the justice hold that this be but a writ of diminution for it be the same  writ that be in Fitzherbert and diminution can now be allege as edward and  other book be and this be award out of chancery can be a warrant to this court  and so this court can proceed upon it nor be it to regard it be bring hither  without warrant videlicet by a writ which be void and so can examine error  upon it but when such writ be to be award and there be error in it and the  record be by it remove it be otherwise as hen pl but because the party have  not appear they command he shall appear and then plead or demurrer to it and  they will make a rule in it V postea Trin b r plea