Bulstrode TALBYE plaintiff against cook defendant a action of the case upon a  promise to pay money upon a account enter mich James b r rot in a action upon  the case for a promise to pay money the plaintiff set forth in his declaration  that there be a account between the plaintiff and the defendant and that upon  the say account the defendant be find to be in arrear unto the plaintiff in  the sum of six pound the which he promise to pay unto the plaintiff at a time  pass and for the not pay thereof the plaintiff bring his action upon the case  against the defendant upon his promise the defendant by his plea say and  confess it to be true that long time before there be such a account have  between they as in the plaint be allege and that upon the same account he be  find in arrearage unto the plaintiff in the say sum of six pound for the  payment whereof be enter into a bind unto the plaintiff and then conclude his  plea with a traverse absq hoc that there be any other account between they  after this time upon which plea the plaintiff demurrer in law and for cause it  be allege that the travel so take be not good for that the account be not in  this case traversable but the same be to be give in evidence in this case  there be two thing to be consider I the consideration and the assumpsit the  which promise be only issuable and the sole point in this case to be traverse  but not the consideration and to warrant this Tatams case in h foe and be cite  on the other side it be urpred that the travers be good and well take and that  for this reason and with this difference where the conveyance to the action be  material and where not where the same be not material but be allege only for  to increase damage there the conveyance to the action be well traversable but  not otherwise and in this case if there be no account then no promise to  perform and so the travers well take William justice in a action upon the case  bring for slanderous word speak three week ago the defendant by plea say that  true it be he do speak such word two year ago and traverse absq hoc that at  any time after be speak the word and this be a good traverse Yelverton justice  in a action upon the case for a promise there the consideration be not  traversable but the promise on the day be not material but the matter be the  difference will be this when a sufficient satisfaction be by plea allege to be  make and when not and also when the satisfaction allege be in a thing of the  same nature and when not but in a thing mere collateral there such a travers  be not good in a assumpsit ground upon a good consideration in this case he be  not to travers the consideration general but the promise and in this principal  case the defendant do not travers the consideration but by his plea he confess  the action with full satisfaction make of the sum demand and afterward to take  the traverse and to say absq hoc that any time after this he do account with  the plaintiff he can not have take a better travers for if he have plead in  this case non assumpsit the averment of the account against he will have  disprove this the court all agree in this that the travers in this case take  by the defendant in the conclusion of his plea be absq hoc that there be  another account make between they after this time of his enter into the bind  for payment of the money demand this be a good traverse and well take and  therefore by the rule of the court judgement be give for the defendant that  the travers be good quod to express grief nil to take in hand per breve  Bulstrode er p a prohibition a chapel of case tax by the mother church for  reparation thereof that in the county of Dorset there be a mother church and  also a chapel of ease within the say parish that they of the mother church do  Bulstrode rate and tax they of the chapel of ease towards reparation of the  mother church for the which upon their refusal to pay the same be sue in the  spiritual court they pray a prohibition and for cause allege that they  themselves have use time out of mind to repair the chapel at their own proper  cost without have of any contribution at all from they of the mother church  and that they have also be exempt from all charge and reparation of the mother  church and yet for their refusal to pay this tax they be libel against in the  spiritual court and a sentence there pass against they and they therefore pray  a prohibition by the opinion of the whole court a prohibition lie not in this  case in regard that this prescription be mere spiritual and therefore a  prohibition deny per curian in a action OF debt upon a bind debt upon a bind  the defendant plead the stat of Elizabeth cap of usury for take the interest  within the year enter Trin James b r rot Yel Cr James more Nov Ro Rep in a  action of debt upon a obligation the case be this that I S on our lady day in  march do lend unto t n sixty pound for one year and to have six pound interest  for the same year for the which he be bind by a penal bind condition to pay  sixty six pound on such a day which be at the end of the year sixty pound for  the principal and for the interest afterward and before the end of the year  that be to say the first day of march the obligor pay the for the interest to  the obligee and afterward do not pay the principal at the day upon this the  obligee brouo bt a action of debt against the obligor and be to avoid his  obligation and payment of the money plead the statute of usury of Elizabeth  cap for suppose take of above ten poor and in the hundred because be take his  use money within the year it be resolve by the whole court that this his take  of the use money within the year shall not avoid the obligation and that this  take be no usury within the statute William justice where the first contract  be not usurious this shall never be make usury within the statute by matter ex  post facto as if one contract with another to borrow for a year and to give he  for interest at the end of the year if be pay the interest within the year  this be not usury within the statute to avoid the obligation or to give a  forfeiture of the money within the statute because that this contract be not  usurious at the beginning which be agree by the whole court and judgement give  for the plaintiff