Baynham and matthews traverse must be aver the plaintiff declare upon a  promissory note for date February defendant plead that it be corrupt agree  between he and the plaintiff that he shall pay unto the plaintiff S for the  loan of the say sum of for three month and then set out the last statute  against usury c plaintiff reply that the note be give for the just sum of absq  hoc that it be corrupt agree c et hoc petit quod c defendant demurrer special  and show for cause that the plaintiff FitzGibbon er p shall have conclude his  traverse with a averment et hoc a preparation be verify and not to the country  fazakerly argue that the constant tenor of precedent be that a averment must  follow a traverse and likewise that the reason of the law show it shall be so  because a traverse be not a formal negative of what be allege and so it do not  direct put the matter in issue and therefore the party shall aver his traverse  and rely upon it and then the other side must answer and tender issue in the  present case the traverse be in it self a affirmative for a absq hoc be no  more than a et non and then the traverse be et non quod corrupt agreatum to be  now as two affirmative can make a issue the matter shall not have be rest upon  here and this fault be fatal upon special demurrer and of that opinion be the  whole court who hold that conclude to the country where it shall be with a  averment be bad vice line and to some case cite to maintain the replication  where in assault and battery a replication to a special justification by a  without tali causan conclude to the country be good it be answer by Raymond Ch  just that a without tali causan in those action be the general issue then it  be except to the plea that it be not aver the note be give subsequent to the  late Act against usury to which it be answer and resolve by the court  Fitzherbert Gibbon that by the date of the note it appear to be so et per  Raymond Ch just the plaintiff have declare on a note of a special date can not  give in evidence a note bear a different date and hereupon the plaintiff have  leave to discontinue without cost he have bring the action as executor term  sanct mich geo two in cancel