case wheeler against heydon Hilary term James roll a variance in word but not  in substance between the lease in the declaration and the lease give in  evidence be fatal if the lease be the ground of the action Edward pl Edward  Cowp in debt on Edward c for not set out tithe if the jury find a different  lease than that on which the plaintiff have declare yet the variance be not  fatal for the gift of the action lie in the tort and the allegation of the  lease be only inducement debt upon the statute of Edward c for not set out his  tithe but carry away his corn the tithe not be set forth and declare that one  Thomas rock parson of the rectory of Scripton let to he the rectory for six  year if he live so long and continue parson there and that the defendant be a  occupier of such land sow with wheat within the say parish reap and carry it  away the tithe not be set forth c and aver the life of the say Thomas rock and  that he continue parson c the defendant plead non debet and a special verdict  be give that the parson make the lease for six year if he live so long and the  word if he continue parson be not within the lease and they find all other  point accord to the declaration et si c hereupon it be move and argue at the  bar all the justice except Houghton who doubt thereof hold that the variance  betwixt the lease in the declaration and the lease find shall not prejudice  for it be all one in substance although it vary in word and the addition in  the declaration if he so long continue parson be no more than what the law  speak for so the law tacit imply and therefore the addition thereof be no  variance in substance it be also good enough for a second reason for the lease  be not the ground of the action nor be the declaration find upon the lease but  upon the carry away of the tithe and for remedy of his wrong be the action  bring and the allegation of the lease be but a inducement to the action and  the jury find croak throw that he have a good lease and a good title to ground  his action although it be not in the same manner precise as he declare it be  find for the plaintiff he shall have judgement but if debt have be bring upon  this lease for year such variance peradventure will have be material because  the lease be the ground of the action wherefore it be adjudge for the  plaintiff croak James er p