case johns against bow Trinity term James roll if upon a to know facias ad to  hear wandering against the defendant in error the defendant come in and allege  for diminution that that be not the original upon which he declare the court  will grant a new certiorari ante cro car style where there be two original  writ and one be good no averment shall be admit that the proceed be on the  vicious one error of a judgement in a action on the case in assumpsit in the  common plea after the record certify the plaintiff in the writ of error allege  diminution for want of a original which be certify and enter and then the  plaintiff assign for error variance betwixt the declaration and the original a  as in truth there be for the original be vicious which be assign and a to know  facias bring ad to hear wandering the defendant in a writ of error surmise  thereupon to the court that there be another original and that the plaintiff  have procure a ill original to be certify pray a certiorari to certify the  court doubt whether it be Allowable but at length because the plaintiff may  procure the original which be vicious to be certify without the defendant  privity in the writ of error and thereby cause the judgement to be reverse and  in truth that be not the original whereupon the declaration be find and there  be a good original which be certify will be in maintenance of the judgement  the court grant to the defendant another certiorari for one person shall have  but one certiorari but seven person may have several writ to certify wherefore  a new certiorari be award t certify which be return it be good and well  warrant the declaration the plaintiff in error will then have assign that the  declaration and proceed be upon the first writ but the court hold that this  plea shall not be admit be contrary to the record for when there be a good  writ to warrant the declaration it shall never be admit to say that it be upon  another writ but shall be intend to be upon the good writ and that the vicious  writ be undue pursue by another and not by the plaintiff wherefore the  judgement be affirm note it be not move in this case that the writ be both of  one date and of one return it do not appear which of they be first obtain for  that seem to be material note also that the first writ be in consideration  that the plaintiff shall croak throw lend to the defendant thirtyseven pound  he at London in parochian et warda c promise to pay it ac although he lend it  Jan James the defendant ha not pay so there be not any place mention where he  lend it which be vicious a see Geo c ante post croak James er p