case XXXIII h h assize aid plead prescription roy colour variance a bring a  assize of land against b b plead that c be seize in fee of this land and that  be so seize he give a nineteenth part of this land to b in tail the remainder  to the king by deed enrol and show the deed as he ought and pray in aid of the  king and give colour to a the deed be of a office and land appurtenant to it  the tenant be oust of the aid for the plaint be of land and the bar plead be  of the nineteenth part of this land and the deed show be of a office and land  belong to it land can be appurtenant to a office without a prescription and it  shall not be understand that land belong to a office unless it be special show  by plead the prescription but if the tenant have plead that c be seize of the  office to which from the time whereof memory c a nineteenth part of the say  land be appurtenant c and give colour as above the aid will have be grant by  the judge of both bench a tenant in tail may have aid of the king a office may  be grant to the king aid may he have of the king upon the grant of his  predecessor who be a usurper a tenant in assize plead a feoff by deed of one  acre of the land in plaint make to his father by the say deed and he show a  deed of land descend to he and that this acre be parcel of that land this be  well and so it be if there be a variance in the surname between the plea and  the deed for a man may have several surname it be otherwise if there be a  variance in the Christian name if the plea be of a acre and the deed of a  manor it be well for the acre may be parcel of the manor if the plea be of the  manor of dale and the deed be of the manor of sale this be a material variance  for the manor of sale can be understand to be parcel of the manor of dale nor  to be the manor of dale the safe method of plead where there be a variance  between the plea and the deed be to plead that the land in the plaint be  convey by the name express in the deed and so in all case where there be no  Jenkins er p repugnancy between the deed and the plea but in a case which can  stand with law as in the principal case where the tenant in the assize have  the nineteenth Jenkins part undivided and assize do not lie without a special  ouster by he who have the reversion against he who have this that part colour  shall be give in a assize although the king have the reversion where aid be  pray of the king or of alley other and it be grant where it do not lie this be  not error but it be error to deny it where it ought to be grant