case barn against WORLICH Michaelmas term Elizabeth roll if one man lend a  other a sum of money at legal interest for a year and take a penal bind for  the payment of such interest half yearly this be not usury post Yelv roll ab  cro car more Bulst strange hawk p c Cowp dougl to Rep hearing complaint in  chancery to avoid execution upon a statute of two hundred pound and allege the  statute of usury a and that after the statute videlicet April Elizabeth there  be a communication betwixt the plaintiff and defendant that the defendant  shall lend he one hundred pound for a year and that it be then corrupt agree  betwixt they that the plaintiff shall pay to he ten pound for the forbearance  thereof videlicet upon the first of November next follow five pound and upon  the first of may then next follow other five pound and shall enter into a bind  of twenty pound for the payment of that ten pound accord and that he accord to  that agreement lend one hundred pound on the that of April croak throw  Elizabeth and take that statute of two hundred pound for the repayment thereof  on the first of may and take bind of twenty pound for the payment of ten pound  accord which be above the rate allow by the statute and so void the defendant  plead that it be not corrupt agree to take such a bind c whereupon they be at  issue and by mittimus out of chancery it come hither to be try and by nisi  prius in London be find for the plaintiff it be now move that notwithstanding  this verdict judgement shall be for the defendant for this surmise be not  sufficient to avoid the statute for the usury agree to be take be no more than  the statute permit and exceed not the rate of ten pound by the hundred pound  for the year whereby to avoid the assurance and herein the case be no more but  that such a man lend one hundred pound for a year and agree to give ten pound  for it to be pay halfyearly whether that be usury within the statute Fenner  and Yelverton hold that it be for when he lend it for one entire year he ought  to forbear his interest for a year otherwise he do not lend it for a year and  then the other pay more than he ought by the statute but if he contract to  lend for half a year he may reserve his interest accord to that rate c Popham  gawdy and William hold that it be not any other usury than what the statute  tolerate for the statute be that he shall not receive or take above that rate  and here he do not take any more for when he have forbear his money for half a  year and the other have the use of his money for that time he shall receive of  he five pound so he do not receive more from he for the year than ten pound  and it be a usual course if one lend a hundred pound for a year and take land  in mortgage of the value of ten pound per annum to receive the annual profit  every day and it be not any usury because he receive in the whole year no more  than ten pound only so if he take a grant of a rentcharge Payable quarterly it  be not any usury above the statute and coke attorneygeneral say that he know  it to be adjudge accord but if he have agree to take his money for the  forbearance instant when he lend it that have make the assurance void for then  he have not lend the entire sum for one year and the other have not have the  use of his money accord to the intention of the law and William say that he  know u on this difference it have be so resolve of late time wherefore it be  adjudge for the defendant quod to express grief nothing to take in hand per  breve Stephens say he be of counsel in one snow case where it be adjudge  accord a Henry c and Elizabeth c say vide now Ann c croak James er p