case earl OF bedford against forster easter term James roll the variance of  Forster and foster in the caption of a fine be immaterial Cowp the variance of  messuagiis instead of toftis in the concord be not fatal Cowp Panello instead  of schedula in the endorsement on the dedimus be immaterial post roll ab Jones  Com dig dougl term Rep error to reverse a fine levy in Trinity term Elizabeth  by sir John Forster the first error assign be because the writ be inter  Nicholaum Forster to express grief et Johan Forster deforcientem and so be the  dedimus power and in the caption of the fine annex to the writ of dedimus  power which be certify it be in this manner praecipe John foster military  spirit quod to hold Nicholas foster c so it vary from the first writ and  dedimus power c a second error assign be because the writ of covenant be  praecipe c quod to hold c de eight messuagiis dvobus toftis ten garden c so be  the writ of dedimus power and the fine certify be in this manner praecipe c  quod to hold c de eight messuagiis dvobus messuagiis ten garden c so it vary  from the first writ or commission and there be not any warrant for the  commission croak throw three that upon the dorse of the dedimus power it be  execution this short catalog to stand open in in panello huic shorten tying  whereas it ought to have be in a certain schedula huic shorten fastening for  it be not any panel but a schedule but all the court hold that none of these  error assign be any cause to reverse the fine for as to the first they hold  that the name be all one Forster and foster and be of the same sound et quasi  one and the same name and as to the last error they hold that it be but matter  of form and not material for although it be not proper say to be a panel yet a  panel and schedule be all one in substance and no cause to reverse it and as  to the second error though it be the most colourable yet it be not any cause  to reverse the fine for although dvobus messuagiis be pro dvobus toftis which  seem to be prima fancy more than the other yet they hold it not to be material  for the concord have relation to the writ of covenant and the dedimus power  and the entry of the praecipe upon the testae of the concord be a rehearsal of  the substance of the writ of covenant and be more than needs to be and be  variant from the writ of covenant be idle immaterial and mere void wherefore  the fine be good enough notwithstanding these exception and it be affirm croak  James er p