CCXXXIV. Mich. 29 Eliz. In the Common Pleas.
IN a Formedon, The Tenant pleaded a Fine with proclama∣tions: The Demandant replyed, Nul tiel Record; And the truth of the Case was, That the Record of the Fine which re∣mained with the Chirographer did warrant the Plea; but that which remained with the Custos Brevium did not warrant it; and both these Records were shewed to the Court.
And Rhodes, Iustice, cited a President, 26 Eliz. Where, by the advice of all the Iustices of England, where such Records dif∣fer; the Record remaining with the Custos Brevium was amend∣ed, and made according to the Record remaining with the Chiro∣grapher. Which Windham concessit.
And afterwards, the said President was shewed, in which was set down all the proceedings in the amending of it, and the names of all the Iustices, by whose direction the Record was amended, were set down in it; And that the said President was written, and the amendment of the said Record recorded, by the Command∣ment and appointment of the said Iustices in perpetuam rei me∣moriam.
And the reason which induced the said Iustices to make such Order, is here written, because they took it, That the Note re∣maining with the Chirographer, est principale Recordum.