case roberts against TREMAYNE Trinity term James roll cornub money lend on a  mortgage for a give time at a illegal interest to be pay quarterly if the  lender so long live be usurious notwithstanding the contingency and although  the payment of the interest and repayment of the principal be secure by  different deed ante more Brownl cro Elizabeth   Lutw Carth shower atk hawk p c  Cowper Bl Rep term Rep if several security be give upon a usurious contract  videlicet one for the principal and a different one for the interest yet both  be void in a information for perjury on Elizabeth c it must be allege to have  be wilful and corrupt commit but a special verdict on the statute of usury be  good though it do not find that the agreement be corrupt if money be lend on a  risk at more than legal interest and the casualty affect the interest only it  be usury a loan at more than the legal rate of interest be not usury if by the  repayment of the principal the borrower may avoid the interest trespass de  enclosed space to break in pieces in northall upon not guilty plead a special  verdict be find that Cyprian Cory be seize in fee of the land in question and  that it be agree that one mary Addington shall lend to he one hundred and  fifty pound and for the security of the repayment thereof Cyprian gory lease  to the say mary Addington this close for sixty year to commence at the end of  two year upon condition that if he pay the one hundred and fifty pound at the  end of two year the lease shall be void and it be then further agree betwixt  they that the say Cyprian Cory for the defer and give day of payment of the  say one hundred and fifty pound for two year shall pay unto the say mary  Addington for interest yearly twentytwo pound ten shilling quarterly if the  say mary Addington shall live so long that in performance of this agreement  she lend the say Cyprian Cory one hundred and fifty pound and he make the say  lease for sixty year and grant by fine to the say mary Addington a annual rend  of twentytwo pound ten shilling to be pay quarterly if she live so long and  afterward convey the inheritance to the plaintiff and that the say one hundred  and fifty pound be not pay and that the say mary Addington take to husband  Tremaine who enter for nonpayment et si super totan c the first question be  whether it be a usurious contract within the statute because it be a mere  casual bargain for if she die before any day of payment of the rend the rend  be croak throw go and yet he shall retain the one hundred and fifty croak  James er p pound for two year and pay nothing for it?It be resolve that it be  a usurious bargain for by intendment she may live above two year and it be a  apparent possibility that she shall receive that consideration whereby she be  within the statute vide   Cleytons case second it be move whether this lease  be take for the payment of the principal money and not for the payment of any  part of the usury be within the statute to make the bargain void?It be resolve  that it be because it be for the security of money lend upon interest and for  the secure of that which the statute intend he shall lose for otherwise it  will be a evasion out of the statute that he will provide for the secure of  the payment of the principal whatsoever usurious bargain be make which the law  will not permit three it be object that this verdict find that there be a  agreement between they in the same manner prout c but it do not find that it  be corrupt agreatum which ought to be precise find to draw he to be a offender  within the statute and therefore in a information if it be not allege that  corrupt agreatum to be it be not good so upon the statute of Elizabeth c of  perjury if it be not allege that he voluntary et corrupt To bring together  perjuriam it be not good say non allocatur for there be a difference betwixt a  information which ought to be precise allege and a special verdict wherein all  the circumstance be find which be apparent to the court to be usurious and can  by intendment have any other construction it suffice and here it be apparent  that the money be lend for interest and be more than the statute permit  wherefore be usury apparent the court shall judge it accord and the case of  Higgins v Mervin be cite to be adjudge that if the corrupt agreement be not  express in the verdict and the matter be apparent to the court to be usury  there the jury need not to show that it be corrupt for res self to speak  otherwise it be if it be but imply wherefore it be adjudge for the plaintiff  note that Doderidge justice take these difference in case of casual usury  first if I lend one hundred pound to have one hundred and twenty pound at the  year end upon a casualty if the casualty go to the interest only and not to  the principal it be usury for the party be sure to have the principal again  come what will come but if the interest and principal be both in hazard it be  not then usury and it be therefore adjudge in the common plea in Dartmouths  case a where one go to Newfoundland and another lend he one hundred pound for  a year to victual his ship and if he return with the ship he will have so many  thousand of fish and express at what rate which exceed the interest which the  statute allow and croak throw if he do not return that then he will lose his  principal it be adjudge to be no usury second if I secure both interest and  principal if it be at the will of the party who be to pay it it be no usury as  if I lend to one a hundred pound for two year to pay for the loan thereof  thirty pound and if he pay the principal at the year end he shall pay nothing  for interest this be not usury for the party have his election and may pay it  at the first year end and so discharge himself