case saint leger against pope Qure if a declaration in debt for one hundred  piece of gold coin call guinea of the value of one hundred and five pound be  good S c Lutw S c n Lutw S c Mod S c salk S c comb S c skin S c Carth S c Mod  S c holt the plaintiff and defendant be play at backgammon and the plaintiff  in the action touch the tablemen but do not remove they from the point a  dispute arise between they end in a wager which be reduce into write by which  the plaintiff in error be oblige to pay Mr pope a hundred guinea if he be not  bind by the course of play to remove and play those tablemen he touch and Mr  pope be to pay he one hundred and fifty guinea if he be oblige this wager be  to be decide by the groom porter who give judgement that Mr pope be not oblige  to play the man he touch whereupon the hundred modern guinea be lose for which  the action be bring below and upon the statute plead judgement be give for the  plaintiff it be now argue for the plaintiff in error that the demand be wrong  because the note on which the action be bring be for payment of guinea now  guinea quatenus such can not be demand because they be of no certain or  determinate value for they may be alter add to or diminish by prerogative and  therefore the statute Edward prohibit the buy of coin because no person can  set a value thereon but the king hale hawk p c ch a beside guinea be by  proclamation at twenty shilling value see the statute will c Geo c Geo c Geo c  Geo c b and no more and if so the plaintiff have a judgement for more than the  law allow and this be a English coin you can declare for it ad valentian c as  it be usual for foreign coin in which case the action be bring in the to hold  off only because the value of such coin be not know to the court and therefore  it be uncertain what sum shall be recover but for English coin the action be  always bring in the debet and to hold off and without ad valentian if  therefore the legal value of a guinea be twenty shilling the plaintiff have  obtain a unlawful judgement videlicet for more than the value if it be above  twenty shilling then the sum will amount to more than one hundred pound and so  within the statute of game to this it be answer that the write do warrant the  declaration and the demand for if guinea be not of the note and common coin of  the kingdom and of no certain value then they be as foreign coin to the court  and they may be demand modern er p as in that case so likewise in this by so  many piece of money valor c and in the debet and to hold off because the value  of they be reduce to a certainty but if the demand here have be of guinea only  without say so many piece of gold then it have be like the demand of dollar in  foreign coin and the action must have be bring in the to hold off because the  thing in specie be demand then as to the statute of game the car c c it do not  concern this action because this be a wager and not within the reach of that  law it be not any play but a collateral matter concern the right of a  particular game No judgement be give concern this matterSee S c Mod and the  case of brown v leeson h Bl Rep d but a objection be make that there be a  variance between the declaration and the note therein set forth for the action  be ground on a wager and the plaintiff declare modern that the defendant per  scribe suum c cognovit pignorationem England the wager and upon oyer of the  write there be nothing therein relate to such a acknowledgement so that he  make that to be a part of the description of the write which shall have come  in by way of averment out of it videlicet he ought to have aver that the wager  in the write and for which the action be bring be the same wager c and for  this reason the judgement be reverse