had made no miftake. And, if it was feared that an amendment after trial might fubject the jury to an attaint, how eafy was it to make waiving the attaint the condition of allowing the amendment ! And yet thefe were among the abfurd reafons alleged for never fuffering amendments at all[1]!
The precedents then fet were afterwards moft fcrupuloufly followed e , to the great obftruclion of juftice, and ruin of the fuitors ; who have formerly fuffered as much by thefe obftinate icruples and literal ftrictnefs of the courts, as they could have done even by their iniquity. After verdicts and judgments upon the merits, they v/ere frequently reverfed for flips of the pen or mif-fpellings : and juftice was perpetually intangled in a net of mere technical jargon. The legiflature hath therefore been forced to interpofe, by no lefs than twelve ftatutes, to remedy thefe opprobrious niceties : and it's endeavours have been of late fo well feconded by judges of a more liberal caft, that this unfeemly degree of ftridlnefs is almoft intirely eradicated ; and will proba- bly in a few years be no more remembered, than the learning of eflbins and defaults, or the counterpleas of voucher, are at pre- fent. But, to return to our writs of error.
If a writ of error be brought after verdict, he that brings the writ, or that is plaintiff in error, muft in moft cafes find fubftantial pledges of profecution, or bail[2]: to prevent delays by frivolous pretences to appeal; and for fecuring payment of cofts and damages, which are now payable by the vanquifhed party in all, except a few particular, inftances, by virtue of the feveral ftatutes recited in the margin[3].
A WRIT of error lies from the inferior courts of record in England into the king's bench[4], and not into the common
d Styl. 207. g 3 Hen. VII. c. 10. 13 Car. II. c. 2.
- 8 Rep. 156, We. 8&9V. III. c. 11. 4 & 5 Ann. c. 16.
f Stat. 3 Jac. I. c. 8. 13 Car. II. c. z. * See chap. 4. i6& 17 Car. II. c. 8.
