Barnardiston king b fortescue aland and mason vide ante on rule to show cause  why the writ of error shall not be amend upon the statute of Geo Mr Bootle say  that the alter the writ in the exception take will be to make it a writ of  error in the cause whereas it be none before and this he say will not be amend  the writ but form a new one which the statute do not extend to he observe  beside that this mistake of the plaintiff have put they under a necessity to  make their plea a vast deal long than otherwise it will have need to have be  for upon the plaintiff omit to make Jonathan mason tenant in tail they be  force to set forth the several limitation in order to make out the defendant  title for as Jonathan be make only tenant for life the defendant have not a  colour of title but now if the plaintiff writ of error be make right in this  particular all this part of the defendant plea that have be mention be make  entire impertinent which he say will be trifle with the defendant in such a  manner that he hope it shall not be allow but if it shall at least he hope the  court will give the defendant his cost but the court say that they think this  case be plain within the word and meaning of the Act for they be that writ of  error shall be amendable for any variance or other defect whatsoever now they  observe that the writ of error in the king bench in Ireland set forth that  Jonathan mason be tenant in tail and that writ of error be part of the record  send up this writ of error differ from that and therefore there be a variance  in it direct within the word of the Act then they say that the defendant may  have apply to have have this mistake rectify and therefore it be his own fault  in be at this expense in lengthen out his plea they be of opinion likewise  that the defendant be not entitle to his cost for the statute do not give any  and then they do not see how they have authority to do it but indeed upon  quash writ of error they do give cost for the statute for the amendment of the  law have command they to do so