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ERror was brought upon a Fine, and the Error was assigned in the Proclamations: Whereupon issued a Certiorari to the Custos Brevium, who certified the Proclamations; by which Cer∣tificate it appeared, that two of the said Proclamations were made in one day: upon which the Defendant prayed another Scire facias to the Chirographer; in whose Office it appeared, that all the Proclamations were well and duly made. It was the Opi∣nion
of Wray, Chief Iustice, in this Case, that the Defendant ought to have his preyer; for the Chirographer maketh the Pro∣clamations, and he is the principal Officer as to them. And the Custos Brevium, hath but the abstract of the Proclamations; and we may in discretion amend them upon the matter appearing. But the other Iustices seemed to be of a contrary Opinion; for that the Proclamations being once certified by the Custos Brevium, who is the principal Officer, we ought not afterwards to resort to the Chirographer, who is the inferior Officer: And afterwards, the Clerks of the Common Pleas were examined of the matter aforesaid by the Iustices of the Kings Bench; and they answered according to that which was said by Wray, Chief Iustice. Where∣fore it was awarded by the Court, that a new Certiorari be di∣rected to the Chirographer: who Certified the Proclamations to be well and duly made. And thereupon the Court awarded, that the Proclamations in the Office of the Custos Brevium, should be amended according to the Proclamations in the Custody and the Office of the Chirographer.
Note, In the same Case, before the Writ brought, a stranger had brought a Writ of Error against the same Defendant upon the same Fine; upon which the transcript of the Fine and Procla∣mations are removed in Banco, and after the Plaintiff is Non-suit. Now another who hath Cause, may have a Writ of Error, quod coram vobis residet.