Bulstrode young plaintiff against the bishop OF Rochester defendant enter  Termin Hillar James b r rot a writ of error roll r Ro Abr in a writ of error  to reverse a judgement give in the c b in a action of waste the bishop declare  upon a lease make by himself whereas in truth the same be make by his  predecessor this error assign and insist upon to reverse the judgement for  this variance between the original writ and the declaration the one be of a  lease make by his predecessor and the declaration be of a lease make by  himself and that this be not aid by the statute of Elizabeth capite of  jeofails coke pars fol a b bishop case this very case in effect and reverse  for this cause in a action upon the case for a promise there by the writ the  obligation be allege to be make by Thomas ware and Christopher bishop and in  the court he be name George bishop judgement be give for the plaintiff a writ  of error bring and this variance between the original writ and the count  assign for error and insist upon the point there whether this be aid by the  statute of Elizabeth capite there resolve that this variance between the  original writ and the count be not remedy by Elizabeth nor by any other  statute and the difference take when there be a original writ which in matter  of substance vary from the count this not remedy by the statute otherwise it  be where there be no original writ at all and so it be urge that in this case  for this variance the judgement ought to be reverse against this it be urge  that this case differ from bishop case for there the variance be in the  substance of the declaration in the name be material but not so here be  whether he hold by lease of the bishop or not dodderidge justice here be a  action of waste and the declaration be upon one lease and the original writ be  upon another lease the original writ be upon a licence make by the predecessor  of the bishop and the declaration be upon a lease make by the bishop himself  and so a material variance between they the court agree herein that this be a  material error and this variance not amendable nor any way aid by the statute  of Elizabeth that the judgement give for this cause be erroneous and therefore  by the rule of the court for this error the judgement be reverse