Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.

Harvey against the Hundred of Chelsam.

HArvey brought an action upon the Statute of Winchester; of Hue and cry against the Hundred of Chelsam; and it is found for the Plantiff, and a writ of error was brought, and all the record was certified; and now the Plantiff prayed two things may be amended, the first is the title of the action, for upon the roll it is an action upon the case, it should be an action upon the Statute, but it was said by Hobert, that it shall not be amended, for the Statue of the 18th. of Eliz. did not give amendments upon indictments, or upon popular actions, or actions upon penal Statutes; and cited a judgement in Doctor Husses case Coo. 9. 71. which was reversed in Banco Regis, upon default in pleading being upon a penal Statute, and so in Mich. Term last Judictari for Indictari, and adjudg∣ed that it shall not be amended: and the second point was, upon the venire facias where was one Gregory retorned, as appears by the names of the Iury; but the Clark of the Assise returned one George, and it was entered upon the roll and cer∣tified in the record to the Kings Bench; and per totam Curiam there needs no amendment, for that name of George where it should be Gregory, being in the tales de circumstantibus, and not in the principal panel, and it was also by con∣sent of the parties; and as to the first point, all the Court agreed with Hobert; and for the second point Hobert said, that if that variance had been material, it should not be amended, for we will not make a new certificate, for the Court of the Kings Bench may choose to credit the first or the second certificate, and so we submit our judgements to the censure and pleasure of another Court, which we will not do: and in the great case of Fulger 18. Iac. where we made such a new certi∣ficate, though it was adjudged according to our opinion; yet they would not cre∣dit our last certificate; and therefore we will not make a certificate again; which note well.