Carthew saint leger versus pope Trin will mark b r rot Lutw Mod SC Mod SC I  salk variance between a special agreement and the declaration skin SC comb S c  debt in the debet and to hold off for l S the declaration be upon a special  wager for guinea which the plaintiff aver be worth l concern a game at table  where a question arise whether be who only touch his tableman ought to remove  he and the decision of this question be by agreement in write refer by the  party to the groomporter who determine it for the plaintiff in the action  videlicet that he who only touch a man be not bind to remove he and the  plaintiff conclude his declaration that the defendant although often requisite  have not pay l S the plaintiff have judgement in the common plea and now upon  a writ of error bring three thing be insist on that this action ought to be  bring in the to hold off only for the guinea in specie and not in the debet  and to hold off say non allocatur for this well enough in the debet and to  hold off that the plaintiff ought to have conclude his declaration in the  disjunctive videlicet that the defendant have not pay the guinea or the l S  because he have liberty to pay either the one or the other that the plaintiff  have demand more than the guinea for which they be coin and the court will ex  duty take notice of the English coin now a guinea be first coin for S and no  more and be current and legal coin for no more than S ante Richard h c Carthew  er p the court doubt as to these two last exception but especial concern the  second exception which they incline to think a fatal fault but afterward the  judgement be reverse for another fault in the declaration for per holt Ch  justice there be a variance between the declaration and the special agreement  in write so that the other point be not adjudge Carthew now the variance be  for that the plaintiff have declare that the defendant per script seal his  adorned with small figures have bind himself in the wager but there be no such  thing in the write or note for that be only to stand to the judgement of the  groomporter upon a case state and sign by the party