case Thwaites and his wife against ashfield in a action of debt on a lease for  rend at two pound thirteen shilling ayear if the plaintiff declare for one  hundred pound due for so many year arrear and it appear that a mistake have be  make and that he have declare for eight pound too much yet after verdict if he  release the eight pound he shall have judgement for the residue S c comb S c  Mod a action of debt be bring for rend upon a lease of a house to be make by  three judge pursuant to the Act for erect a court of judicature for  determination of difference concern house build in London who judgement and  decree by the say Act be make a record and enter in a book and keep by the  lord mayor with the record of the city in which lease the rend of two pound  thirteen shilling be reserve per annum and the plaintiff declare for a hundred  pound due for so many year and it appear upon the record in cast up the sum  that he have declare for eight pound too much modern the defendant plead nul  tiel record and there be a judgement for the plaintiff that he have produce  the record modern er p it be move in arrest of judgement that this be in debt  for rend and a entire demand of a sum certain the plaintiff can never have  judgement because it appear upon his own show that he have not any cause of  action for the whole if it have be a action of covenant to pay a yearly rend  and the breach have be assign for nonpayment of a certain sum at such day and  the whole have not amount to so much as demand that may be well enough ferrar  v Snelling roll Rep SC Bulst c because in covenant damage be to be recover  accord to the evidence and not as the party have sum it up but my Lord coke be  of opinion that upon debt for rend it be otherwise because in that action you  recover the sum demand in all action of debt the plaintiff be privy to the sum  in demand and therefore ought at his peril to declare for the true debt and  the reason why he ought to demand the very sum be because if he shall do  otherwise and recover he may afterward bring air action for the true sum and  so the defendant will be double charge and therefore in debt upon a bind if  the plaintiff declare for less than due he shall never have judgement  Pemberton v Shelton roll Rep Bac Abr simmons v Knox term Rep a to which it be  answer that though the action be for a entire sum yet it be make up of several  rend to be pay at diverse day and so must be take as several demand for the  rend as where debt be bring upon three bind and upon oyer the defendant plead  condition perform and there be a verdict for the plaintiff now though the  plaintiff can not have judgement as find by the verdict yet release damage and  cost he have judgement for the two first bind Andrew v Delahay hob b so where  the defendant avow for five pound rend and a nomin pnae for nonpayment at the  day but lie no actual demand of the rend the avowry be hold nought as to the  nomin pnae because it can not be forfeit without a demand of the rend yet he  have judgement for the return of the cattle because he have a lawful cause to  distrain for rend arrear and the demand be several Howell v Sambech hob c the  like judgement be give where a plaintiff bring a action of debt for forty  pound upon the statute of usury and declare that the defendant corruptive do  lend forty pound contra form to cause to stand and such a day do also lend  twenty pound contra form but modern do not say corruptive upon non debet plead  the plaintiff have a verdict and it be move in arrest of judgement that the  declaration be not good for the last twenty pound because it want the word  corruptive but the court give judgement for what the plaintiff have well  declare and nil to take in hand per billam be enter as to the residue Woodys  case cro James d so it will have be if it have be upon demurrer but there be a  late book which seem to warrant this case in which the case of dupper v  Baskervill sand SC keb e be report which be a action of debt for arrear of  rend in which the plaintiff declare for more rend and for a long time than  upon his own show appear to be due to he which the defendant perceive plead  nil to hold off but conclude his plea with hoc a preparation be verify and not  to the country as he ought to do on purpose that the plaintiff may demurrer  which be do accord and have judgement against the defendant for the ill  conclusion of his plea but the plaintiff afterward find his mistake be enter a  remittitur for so much in the declaration more than be due to he and take his  judgement for the rest and thereupon the defendant bring a writ of error in  the exchequer Chamber and this very exception be take to the declaration and  all the case beforementioned be cite to prove that the plaintiff may release  the surplusage before judgement which if he have neglect the court ought to  give judgement for so much as be well demand in the declaration and this seem  agreeable to the four rule in Godfrey case   Yelv a that if a man bring a  action for several thing and upon his own show it appear that he can have a  action for one thing the writ shall not abate for the whole but he shall  recover for what the action will lie and be bar for the rest and last for a  case in point that of barber v pomeroy roll Abr style b be cite which be debt  for modern er p rend as this be and the plaintiff have declare for more than  be due upon his show and upon nil debet plead the plaintiff have judgement and  damage and cost and it be move in arrest of judgement for the plaintiff have  make a entire demand for rend to a certain sum when it appear that he can not  have a action for so much yet the court hold that he may release the surplus  and damage and take judgement for the residue modern it be true my Lord hale  say that judgement be never give in this case but my Lord roll cite the  numberroll and the term when it be enter if this have be plead in abatement  the action have be discharge but the court ex duty be not bind to abate it  especial since the defendant have waive that matter and plead nul tiel record  and insist upon the right the court be of opinion that if all action of debt  be bring upon several bind and it appear that one be not due the plaintiff may  recover the rest so here the plaintiff demand a hundred pound upon several  arrear of rend and it appear that the whole be not due but fall short tell  pound he may recover for the residue trinity term the eight of William the  three in the king bench sir John holt Knt chief justice sir Thomas Rokeby Knt  sir John Turton Knt sir Samuel Eyre Knt justice sir Thomas Trevor Knt  attorneygeneral John hawles Esq solicitor general case modern Dorset sacred  scripture dominus king to put in hand vic come pillage breve suum enclosed  space in haec word sacred scripture William tertius God gram England scot  Franc et spend the winter king trust defensor c Vic Dors health to take  beforehand flute as alias flute to take beforehand quod capias Bonham  Strangewaies be et Johan do si invent to be in balliua tua et eos salvo guard  ita quod habeas corpora the dawn in person we at Westminster die Mercury prox  post tres sep saint Trinit ad responden Roberto forest et susannae ux he de  plea transgr ac etian bill Self roberti et susannae versus Self Bonham pro  cent balance secundum con cur our men in person nob existen et habeas there  tunc hoc breve testae Johan holt will at Westminster sexto die maii year royal  power king septim holt colman execution this short catalog to stand open in a  certain schedula huic shorten annex willielmus bennet be Vic army this short  catalog I direct et huic schedulae annex a certain warrant meum sub manu of me  et seal duty urinate vic come urinate belowwritten to make et direct thomae  mere all Merrice John Hinton et Edwardo grimstead bailiff meis in here part ad  arrestan et capien Bonham Strangewaies be in dict shorten nominate Secund  exigen ejusd short catalog who indeed though mere all Merrice et Johannes  Hinton ballivi urinate army warrant urinate pillage Decimus die maii year  royal power dom our men William third belowwritten seven at Portland in come  meo Dorset ceper et arrestaver pillage Bonham Strangewaies et Self in guard  svan adtunc et ibidem habuer et detin et such in guard svan adtunc et ibidem  existen postea scilicet the same die et year quidam Thomas Gilbert de Portland  pillage yeoman Wilielmus Elliot de ead yeoman Johannes oil de eaden yeoman  robertus oil de ead yeoman Christophorus wit de eaden yeoman Edward glover de  eaden yeoman Johannes far de eaden yeoman Johan white de eaden yeoman et  Johannes Peter de eaden yeoman adtunc modern et ibidem way et arms c videlicet  stick sword sclopis England pistol et little knife adtunc et ibidem riotose  routose et forbidden in Self though mere alias Merrice ballivos meo insult  fecer et Self verberaver vulneraver et maletractaver ita quod de vitis the  dawn desperaba et say beforehand advance Bonham Strangewaies a speech bailiff  extra guard swine contra will earundem ballivorum adtunc et ibidem way et arms  c ceper et rescusser et Self Bonham Strangewaies ad largium ire posuer et  permiser ac modern er p idem Bonham Strangewaies he himself extra guard  ballivorum contra volunt the dawn ballivorum adtunc et ibidem similiter  rescusserunt et rescussit contra peace speech domini king nunc Coron et rank  urge c et postea idem Bonham Strangewaies ante return short catalog pillage  non be invent in balliua of me W bennet be Vic