Barnardiston king b the king and harris and other the method which the court  take in criminal case in order to ascertain the identity of the person several  person of Brodesly in Cornwall have be find guilty upon a information for a  riot the chief justice warrant have be direct to take up one of they and one  of that name be bring up the last day of last term upon it but when it be move  that the court will pass sentence upon he he make affidavit that he be not  concern in the riot that he never know of any information against he that he  do not appear at the trial any other way than as a indifferent spectator and  that he never give authority to any body to appear for he and swear too that  there be another of the same surname and Christian name both in the same town  with he upon which the court then discharge he upon a recognizance he enter  into to appear the last day of this term and make a rule that it shall be  refer to Mr Bellamy to see whether he be the same man as be convict or not he  be now call upon this recognizance and Mr fortescue pray he may be commit upon  one express affidavit that he be the same person and upon another from the  clerk in court below that he have authority to appear from several of these  rioter and that he very believe this be one of they but can not be certain the  court say that they think the method they have order this matter to be put  into be clear the proper one but however as this person will not proceed in it  they give their opinion that he be the man and accord commit he rutter v  Rexford barn KB er report date rutter and Rexford and other how far the court  will allow a judgement to be amend trespass have be bring against several  defendant all but one be find Barnardiston king b er p guilty but by mistake  one of their name be leave out in the judgement a writ of error have be bring  but nonprossed for the error be assign corum lord ring whereas they ought to  have be assign in camera scaccarii upon this Mr draper move that the judgement  may be amend and the court allow it