buxom vers HOSKIN a variance in the statement of the judgement upon a to know  facias quare performance non can be amend after the defendant have plead to it  nul tiel record SC Mod salk salk holt vide post a writ of error be bring of a  judgement in ejectment in the common plea Lord Raymond er p and the defendant  in error sue out a to know facias quare performance non to compel the  plaintiff to assign his error and there be a variance in the to know facias  from the judgement for the judgement be of two message and the to know facias  recite it to be but of one and Mr Raymond for the plaintiff in error perceive  the variance plead nul tiel record of the judgement and now Mr William move  that the to know facias may be amend because it be but fault clergyman in vary  from the record which be his instruction and he cite Ventr where a original in  trespass of trespass do in two king reign contra peace our men be amend and  make contra peace our men et contra peace James recently king by the cursitors  instruction holt chief justice this be a good to know facias but only it do  not indeed come tip to your case in that case in Ventris the original be wrong  and therefore it be amend Powell justice agree and that non constat to they  but there may be such a judgement as be recite in thescire facias Lord Raymond  and for this reason they refuse to amend it then Mr William move that the writ  may be quash but the court say there be no fault in the writ to quash it for  and that he must discontinue note in that case in Ventris the writ be a good  writ if the trespass have be all do in one king reign and therefore all the  fault be that it do not fit the case as it be here and all the difference in  the writ for several trespass where they be do in one king reign or in more be  in the conclusion contra peace of one only or contra peace of both which be  the reason why the court in Ventris hold it a matter of fact and not a matter  of law as be object and amendable see Ventr afterward at another day Mr  William come and pray that the to know facias may be amend and cite roll and  barn vers Worlich where the bail sue a hearing complaint and a to know facias  upon it in the time of king James which recite the hearing complaint and the  capias against the principal and the return of it which capias be award in the  time of Elizabeth and the to know facias recite it to be per breve owner queen  England viscount our men de S straight line which be to the sheriff of the  king that now be that be amend holt chief justice that be a bad writ and a  fault in the body of the writ William I will next cite your lordship some case  of writ of to know facias amend that be right writ consider in themselves  Edward b a to know facias be bring to have execution of a judgement recover by  a and b Sulyarde for the defendant pray that the writ may abate because the  judgement be recover by a only but the court amend the writ because it be but  fault clergyman Henry a a to know facias upon a judgement in assize where one  of the plaintiff be knight after the judgement the writ be bring by a b will  and b c will and the recovery be recite to be by a b will and b c modus will  whereas the record of the judgement be by a b nil and b c without name he mile  and the court hold that the writ be ill because it ought to have be cum a b  mile et b c modus mile per nomen a b soldier et b c recuperaveru c but that it  be but the mistake of the clerk in misreciting of the record and therefore it  shall be amend keb William v more in a to know become inquiry in the recital  of the judgement curian domini king be mistake for recently Oliveri and be  amend because it be a judicial writ and the miss Lord Raymond take in the  recital of the record which the clerk bad before he cro Wheadon vers sugg in a  writ of inquiry of damage the writ mention that the plaintiff be nonsuit  therefore ad to seek after occasion permission whereas the judgement be upon  demurrer and yet because it be a judicial writ it be amend in the king bench  after error bring there upon the judgement so the case in keb be after error  bring cro Whalley vers Moseley the writ of inquiry of damage be award by the  roll returnable March post tres Trin but the writ be make returnable Mercury  post tres Trin and execute March post tres Trin and it be amend by the roll  because it be fault clergyman to make it returnable upon another day than be  warrant by the roll and it may be execute upon the day of the return but  otherwise it have be if the writ have be execute upon the Wednesday the day  the writ be Lord Raymond er p returnable side there the court refuse to amend  the return of a capias ad to give satisfaction but here they take the  difference between that and a venire facias because as it seem that be to be  make out by the award upon the roll which reason rule this case the court  refuse to amend because the plaintiff in error have take advantage of this  mistake in the writ by plead nul tiel record and because this writ be a good  writ upon the face of it and all that be amiss in it be that it do not fib the  defendant case holt chief justice say that if the defendant have appear and  take no advantage of this variance the court may have amend it but here nul  tiel record be plead and can we amend when they have take advantage of it he  say also that this be not such a mistake as make the writ erroneous but be a  mistake in a matter of fact he say also that theVide post say a plaintiff in  error may plead to this writ of to know facias the writ of error depend but  then be must show in his plea that he have assign his error or else the plea  be nought Powell say that at this rate you may amend all variances in writ now  suppose a formedon be bring for ten acre can it be mend and make twenty acre  by the cursitors instruction Powell and holt doubt of this at another day the  case be stir again and the chief justice say the case be many of they obscure  and some of they for fault apparent in the writ itself and that the case in  cro be the strong case for the amendment but he say Mr William shall have cite  his case a first he say that here a man be warn to show why execution shall do  be grant of one message and Lord Raymond when he appear you will make he  answer for two message that it be bare to alter the writ in substance and make  it quite another thing that they may sue out a new writ because it be another  record Powell say that this plea of nul tiel record be a good plea when it be  plead and that all variances be not amendable Mr William do not move any more  but take out a new to know facias to which the plaintiff in error plead the  former to know facias depend for delay it be no plea by reason of the variance  quere of this case because the case cite by Mr William seem to be strong to  the purpose and the court as I think rule the matter haesitanter the last day  of the term upon a motion by Mr Salkeld in the case between Mr Brewster and  well for the curacy of Aldgate a to know facias out of the petty bag return in  the queen bench to repeal the queen letter patent grant to well be amend and  sping a man name be amend and make spring by the instruction give to the clerk  of the petty bag and the clerk of the petty bag who make out the writ be send  for to amend it because he who make it ought to amend it and the court examine  he touch the truth of the instruction the last day of Hilary term Ann absent  holt chief justice upon the motion of Mr Pengelly a to know facias be amend  and where the judgement be recite as a judgement of the three year of the  queen that be amend and make the first agreeable to the record but in both  these case the amendment be make before plea plead immediate upon the return  of the to know facias