coke a Burton case mich Elizabeth in the king bench a agreement that a shall  lend b l and that b shall grant to a and his heir a rend of l on condition  that if b shall pay the l to a on a certain day which be before the day on  which the rend be appoint to be pay then the say rend shall cease be not  usurious a demurrer be not a confession of all matter in fact but of all such  matter in fact which be well and sufficient plead b agree to lend a l for a  year for which a agree to give he l if the son of a be then alive this  agreement be usurious in a replevin bring by Humphrey Burton against h h he  avow because Thomas Woodhouse Esq be seize of the place where c contain acre  in Hicklin in the county of Norfolk inter alian and be so seize Julii year  Elizabeth by his deed grant to a g Esq a yearly rend of l issue out of the  place where c inter alian to perceive to he and his heir at the feast of the  Nativity of Christ and saint John baptist yearly to be pay the first payment  to begin at the Feast of the Nativity of Christ which shall be in year domini  and afterward a by deed acknowledge before justice of peace and clerk of the  peace of the say county and enrol accord to the statute do bargain and sell  the say rend to the defendant and his heir who for the rend behind do avow the  plaintiff in bar of the say avowry plead the statute of usury and allege that  the say Julii year inter the same tomam Woodhouse a g in such a manner  concordatum fait per way corrupt bargain sure quod preceding a mutually darer  prfal Thom Woodhouse centum libras quod idem Thomas to go away to the say  Anthony and his heir the rend of under condition that if the say Thomas shall  pay to the say a l Julii that then the say rend shall cease on which corrupt  agreement Thomas there then receive the say l and there then grant the say  rend accord coke b under such condition as be aforesaid accord to the say  agreement who indeed yearly payment To give back pro prd in form prd solubil  to sencundam rat l pro l pro to make one year contraformam to cause to stand c  and convey a lease of the land to the plaintiff for year and note the distress  be take December year for behind at midsummer then pass upon which the avowant  do demurrer in law and judgement be give for the avowant for although it be  object that the plaintiff in his coke report a er p bar to the avowry have  allege that the say grant be on a corrupt contract against the statute and the  avowant have demurrer thereupon by which he have confess all matter in fact  yet because on the matter disclose in the bar it appear to the court that it  be not a corrupt contract against the say statute and go his allegation of it  repugnant to the matter show by himself in his bar to the avowry Brownl    light a hob Plowd Cr arg hut arg   b Doct pl and a demurrer be not a  confession of all matter in fact but of all such matter in fact which be well  and sufficient plead for this cause judgement be give for the avowant a as a  demurrer at commonlaw confess all matter formal plead so now since the statute  Elizabeth cap and Ann cap it confess all matter plead informally which be  remedy and help by they hear v Haskerville hob serjeant williams d Hancocke v  proud sand b a and the cause that it be not against the statute of usury be  that nothing be to be pay by Thomas Woodhouse the grantor within a year and a  quarter after the grant make for within the that of July and Christmas no rend  be appoint to be pay and if the grantor have pay the the that of July the rend  shall cease without any thing pay for the say so that the court say it be a  plain bargain and purchase conditional of such rend and no usury Bulst Cr  James Cr Elizabeth Jones hard side   light b postea b it be in I the election  of the grantor to have pay the say and to have frustrate the rend so that the  grantee as the nature of usury be be not assure of any recompense for the  forbearance of his for a year and the say rend of per annum be but a penalty  to the grantor and assurance to the grantee for the payment of the say but it  be resolve by the whole court that if it have be agree between the grantor and  the grantee that notwithstanding such power of redemption that the shall not  be pay at the day and that the clause of redemption be insert to make a  evasion out of the statute then it have be a usurious bargain and contract  within the say statute for if in truth the contract be usurious against the  statute no colour or show of word will serve but the party may show it and  shall not be conclude or estopped by any deed or any other matter whatsoever  for the statute give averment in such case and Popham chief justice say if a  come to b to borrow b lend it he if he will give he for the loan of it coke a  for a year if the son of a be then alive this be usury within the statute for  if it shall be out of the statute for the incertainty of the life of a the  statute will be of little effect and postea a Noy hard Cr James Cr Elizabeth  and by the same reason that he may add one life he may add many and so like a  mathematical line which be divisible in always divisible b Vid Robert v  Tremaine cro James Acc Com dig usury b Bac ab usury c hawk PC Vol three Floyer  v Edward Cowp spurrier v Mayoss b c c Ves junr and Vid do v chamber camp b