case common against KYNETO vide ante page if a distringa be award in the time  of the precede king and the alias distringa be test in the time of the  successor say a swearer summonitum in curian our men yet the error be  amendable ante post Mod stram Com dig this case be move again and another  error be assign because the venire facias be award in the time of queen  Elizabeth and a distringa thereupon et pro diminution a swearer a alias  distringa be award in the time of the king which be quod to draw asunder jurat  recently summon in curian our men whereas it ought to have be in curian  recently queen and by army of this writ a trial be have by the same juror with  a ten tale award de A standing round which authority be give to the justice by  Elizabeth c and for this cause it be argue at the bar that this trial be  erroneous for the sheriff have not any authority by this writ to distrain any  but those who be summon in curian king and there be not any such wherefore the  writ be ill and the trial thereupon erroneous William be of that opinion who  rely upon the case of knowls v Beckinghaw a where a venire facias be award in  the common plea and return in the time of queen Elizabeth and a habeas corpora  and a alias habeas corpora pro diminution a swearer be award in the time of  the king who now be which be quod hab corpora jurator recently summon in cur  Nostr et to put at the dawn ten tale and trial be have in banc and judgement  thereupon it be for this cause reverse another precedent be cite at the bar of  a judgement give in the exchequerchamber betwixt Goodwin and other concern the  school at bury where a venire facias be award in the time of the queen and a  distringa with nisi prius in the time of the king recite quod to draw asunder  Jurat recently summon in curian our men whereas in truth there have not be any  summons in curian a ante croak James er p of the king but of the queen only  and trial thereupon and judgement in this court and for this cause error  assign and reverse croak throw William hold so here and that there be not any  difference betwixt the case but Popham Fenner Yelverton and Tanfield hold that  this writ be well amendable the trial good and the judgement not erroneous and  there be great difference betwixt the say two case which have be adjudge and  this case and that the say case be good law for in the first the hab corpora  be of juror summon in curian notra et quod ad that to put at ten tale so the  sheriff have not any authority to put at ten tale but to the juror first  summon in cur king and there be not any such so as what the sheriff do be  without any warrant and the trial thereupon erroneous but it be not here  command in the writ to to put at any tale to the jury first summon and so a  great difference the second case be a of a distringa with a nisi prius which  be a special authority to the justice who be justice by that special  commission and not have authority to take any jury but such which be summon  before in curian king there be none such the trial therefore by another jury  be erroneous but in this case the justice of Durham be original judge of the  whole record and have the record before they at the time of the trial and the  roll be good it be a sufficient warrant to they for the trial and the writ be  variant it may be amend there and so may be well amend here and although the  trial be there by part of the tale yet that tale be award and return by  command of that court and view of the roll and not upon the writ wherefore it  be good enough and there have be diverse precedent that amendment shall be of  such judicial writ after the trial to make they accord with the roll when that  be well make as in this case it be and therefore Tanfield cite short v Keylar  b where a venire facias bare testae on the Sunday and after trial it be amend  and Gonnel v Bradish c where a venire facias bare testae out of the term and  be assign for error be amend and make to accord with the roll and the  judgement affirm and he cite a three precedent but remember not the name where  a distringa be award long time after the trial yet the roll be good it be  amend and so they all hold here that it be amendable and so award and the  judgement be affirm