case WORSENHOLM against MANUCAPTORS OF berks capias returnable in person ring  one produce in person we at Westminster no material variance to know facias  against bail who plead no capias against the principal the plaintiff reply and  set forth a capias returnable in person ring indefinite and upon nul tiel  record produce one in person we at Westminster and upon demurrer it be urge by  squib and other that here be a variance vide dyer Henry if one plead a  outlawry at the suit of a and produce one at the suit of b it will be a fatal  variance for if it be ascertain at who suit the outlawry be the other may  reply that it be reverse and a capias returnable in person ring wherever and  in person ring at westmonast be distinct species of capias if a plea be hold  before nine commissioner and a certiorari come to remove the record and the  record certify be say to be in person eight it will be a material variance  though it may be say if it be before nine a strong it be hold before eight  quod to be concession and holt chief justice say if a capias be in person we  wherever crast air for the purpose and before that day the term be adjourn to  Oxford by that capias the party have a day at Oxford but if in that case it be  in person we at westmonast the party indeed will have a day at Oxford by the  writ of adjournment but not upon the capias and when a writ be returnable at a  common day a see baker v Holman Freem Winford v Powell ld ray Waldock v Cooper  will Villars v caryi Mod Higginson v Martin Mod Stannian v Davis salk Mod  Emery v Bartlett stram Trevor v wall term Rep Roland v veil Cowp modern report  er p it be always wherever but if the court be at Westminster at the time of  issue the writ and it be make returnable in person ring at a day certain it  must be intend at Westminster but per curian this be no material variance and  they compare it to the case in hob where a capias be plead which be without  addition be to be understand of a original capias and a alias capias produce  and it be hold it do maintain the plea Yelv cro case for malicious prosecution  upon a indictment in person such and such justice of peace nee non ad to visit  felonias c and in the indictment they be style only justice of the peace and  yet it be hold well be modern report the same in substance so here and the  difference between a material and substantial variance and what be not  material as in the case of a record before nine and a record before eight  remove the variance be material for that it be before nine be the description  of it which do not agree with a record before eight on the other hand see bro  Abr failure of record in a assize the tenant plead a recovery against I and  produce a record of a recovery against I and his wife and judge good and  judgement for the plaintiff