case wolley against mosely easter term Elizabeth in the exchequer Chamber  Michaelmas term Elizabeth roll and easter term Elizabeth roll if a writ of  enquiry he award returnable die heart post tres Trin and it be make returnable  die Mercuriipost tres Trin it shall be amend by the roll ante post more andr b  r h cro car light Rep cro James Bac ab ld raym salk a writ of inquiry may he  execute on the day of its return ante roll error of a judgement in the queen  bench give on a dumurrer in a assumpsit the first error assign by Tanfield be  that the writ of enquiry of damage be award by the roll returnable die  Martispost tres Trinit and the writ be returnable die Mercury post tres Trinit  and the writ be return serve and the inquisition take that June which be die  Martispost tres Trin so the writ vary from the roll and therefore the  judgement croak Elizabeth erroneous but it be thereto say that it be the  default of the clerk to award it returnable upon another day variant from the  roll which be the warrant thereof and therefore pray that it may he amend as  to the case in dyer where a exigent be award by the roll returnable Oct mich  and the writ be returnable man mich which be rule that it can not he amend it  be thereto answer that the reason thereof be because it be in case of a  outlawry not amendable as also because the five county be hold hetween croak  Elizabeth er p Oct mich el mensd mich which the writ can not warrant if it  shall have be amend and therefore it can not he amend and as to the yearbook  of Richard pl wherer a distringa a swearer be award by the roll returnable  Paschce and the writ be return Paschco and at the day by the writ the party  and jury appear and verdict and judgement be for the plaintiff and thereupon  error bring and rule to be ill and not amendable it be answer that the reason  thereof be because if there shall have be any amendment it shall have be of  the writ by the roll and not of the roll by the writ and if there the writ  shall have be amend then the verdict which be tall en Paschce have be without  warrant and none of the party have day of appearance at the say day wherefore  c but against those book the Edward pl be urge where a writ of haheas corpus  with nisi prius be award by the roll returnable mich and the writ be  returnable mensae mich and at the day in the country the justice take the  inquest and at the day in banc this matter be move in arrest of judgement and  rule that the writ shall he amend by the roll f or the inquest be well take at  the day in the country and the amendment be not prejudicial to any and it be  well warrant by the roll a precedent also be show easter term Elizabeth roll  in the queen bench between Jeff and Wilgon where in covenant the judgement be  upon non sum shape the writ of inquiry of damage be award by the roll  returnable Paschce and the writ be there returnable mensae Paschce and the  inquisition be take before Paschce and be return the plaintiff have judgement  in the common plea where the action be bring and error thereof be bring and  this matter assign for error and after good deliheration it be award that the  writ shall he amend by the roll and the judgement be affirm afterward all the  justice and baron upon view of this record and consideration of the book hold  that it be amendable and so award that the writ shall he amend vide Edward pl  Henry pl a second error assign be that although this writ shall he amend it  then appear it be not well serve for the inquisition be take the same day it  be returnable by the roll and so too late for it be the day of the return of  his writ and not of execute it but all the justice and baron hold that it may  well he execute the same day of the return for it be sufficient if he have it  in court the same day to return it wherefore the judgement be affirm vide  Henry pl Henry pl