case parry against dale Michaelmas term James roll if a action be bring on a  bind de five hundred scales and on oyer it appear to be quemquegentis the  declaration be variant and the bind substantial bad post roll ab Yelv hob    cro Elizabeth cro car salk Mod ld raym Cowp debt upon a obligation de five  hundred scales the defendant demand oyer of the obligation which be enter in  haec word noverint whole world per our William dale c tender et really to bind  up thomae Palfry in guemquegentis scales solvend c the condition be whereas  John Swinnerton have a lease of the custom of wine whereof the obligor have a  interest c if the plaintiff shall have the moiety that then c the defendant  plead a assignment of the lease in bar but in such manner croak throw that the  court hold it to be insufficient and the plaintiff demurrer thereupon he pray  his judgement but it be move for the defendant that the plaintiff have declare  upon a bind and the bind whereupon he intend to declare be enter in haec word  appear to be variant for quemquegentis be not sensible nor be five hundred as  be pretend for it be not any word at all and not like to Henry pl where a  obligation of wiginti for twenty scales be hold to be good for wonder be but  two single u so it be good enough and the case of Walter v Pigot more which  William justice enforce much to be all one with this case be answer that they  be not alike for there it be septuagenta for seven hundred which be all one  for septua be always take for seven and genta that always centum so it be good  in proper signification and there the condition be for the payment of five  hundred pound whereby it appear to the court that the penalty be more but here  the condition be to do a collateral act so it do not show the exposition of  the bind and m be always variant from n and several letter and can be expound  all as one as Henry pl and assize in a writ of assize to see tenenentum mock  pro property be good enough there and the reason be because in the writ part  of the writ be good and that which come after be but a misprision of the clerk  which shall not make it vicious but where the word be insensible and have not  any other thing to expound it it can be good wherefore by all the court except  William who much oppose it it be resolve that the declaration be variant and  the obligation ill in substance and therefore adjudge for the defendant a a as  to this point see roll Abr Bulst Leon style a a writ of error be bring upon  this judgement and the question during the course of three year be many time  debate and every precedent produce but in easter term James the cause be end  by the mediation of the judge and l give by order to Parry and general release  sign for myself say Lord Hobart and most of the judge be of opinion the bind  be good for l hob croak James er p