case William Pemberton against shelton Trinity term James roll if  theconclusion of a declaration on the Edward c for the penalty in not set  forth tithe be erroneous from miscasting yet the plaintiff shall recover the  damage find by the jury ante post cro car hut more cro Elizabeth Yelv comb  Bulst Poph hob lev Lut Bac Abr debt for thirtythree pound against the  defendant upon the statute of Edward c for not set forth his tithe the  plaintiff be parson of HighOngar in the county of Essex show that the  defendant occupy so much of arable land and the corn be worth the ten part  whereof be and so much of meadow and that the hay be worth thirtythree  shilling and eight penny per annum so the entire value be worth eleven pound  and the Triple value worth thirtythree pound for which he bring the action the  defendant plead non debet and find against he for twenty shilling it be now  allege in arrest of judgement that the declaration be not good for the three  part of thirtythree pound and eight penny be S and not eleven pound only and  the Triple value of d be thirtythree pound two shilling not thirtythree pound  only and he ought not to demand less than the due debt unless he croak James  er p show satisfaction as in Edward pl and Edward pl debt upon a special or  annuity can be demand less croak throw than be in the special but he ought to  acknowledge satisfaction of the residue say non allocatur for all the court  hold it be well enough for there be a difference where it be ground upon a  special or upon a contract which be a sum certain or upon a statute which give  a certain sum for the penalty for no demand can be of a less sum but he must  show how he be satisfy of the residue and he may not vary from the special but  when the demand be of no sum certain nor what he shall recover in certainty  but only so much as shall be give by the jury although he vary from the first  valuation it be not material for he shall not recover accord to his demand in  the declaration but accord to the verdict wherefore it be adjudge for the  plaintiff