andrews and eaton see the case of Hornby and Cornford ant plead in bar of a  obligation that it be give for compound a felony in debt upon a obligation the  defendant plead quod cum heron Eaton the defendant brother be prosecute by the  plaintiff for a robbery on the highway allegand sin felon against the say  heron in person justiciar c the defendant enter into the say obligation unto  the plaintiff in consideration that the plaintiff will desist to prosecute the  say heron for the say felony and aver there be no other consideration but the  say corrupt and illegal agreement between the plaintiff and defendant  plaintiff reply the say obligation be enter into by the defendant for the  consideration mention in the obligation and traverse the corrupt agreement  defendant rejoin and affirm his plea in as many word to which the plaintiff  demurrer sergeant Raby for the plaintiff the defendant shall not be let in to  aver this matter contrary to the import of the bind and condition thereof for  a Fitzherbert Gibbon bind shall not be avoid by any averment dehors h Ro Rep  more Leon then it be not well plead for the defendant have not aver that any  felony be commit otherwise than by a quod cum which be not enough the  agreement plead be find upon a supposal of a felony actual commit and the  defendant shall not only have aver that a felony be commit but further quod  superinde corrupt forbidden agreatum to be c and that in execution thereof the  bind be enter into Lutw brown Ent further the rejoinder shall answer the  traverse only and the defendant have go over all the matter of his plea  sergeant Bellfield for the defendant the agreement be for compound a felony  and so a illegal and void consideration and therefore it may well be aver  though a matter dehors Jones case Leon be in point and therefore if the  corrupt agreement which be the foundation of this bind be sufficient set out  this can be no objection and though no felony be positive aver to be commit  yet it be well enough for the plea be to be take to a common intent and the  law will never force a man to make a averment which he can positive prove as  to the next objection the whole agreement and execution be lie to be to make  one eoden earnestness and FitzGibbon er p so to add et superinde c be  unnecessary in the present case which differ from the precedent cite for in  those the plead be draw by the word of the statute upon which they be frame  the case be upon the act of usury and simony the principal case differ from  Leon where the party be estopped by his own indenture Eyre Ch just it be agree  a bind give to compound a felony be void but the question be whether it may be  aver that the bind be give in consideration to compound a felony it not appeal  upon the bind or condition in Leon it seem to be the opinion of the court that  it shall appear and in Leon it seem to be agree that it may be plead special  and that it need not appear on the condition vent and I do not see how such a  bind as this can otherwise be avoid than by this averment and though it be a  mat Fitzherbert Gibbon to dehors it prevent the lie of the bind infancy and  duress be daily plead in avoidance of bind and why shall not this matter which  by the commonlaw avoid this bind be as well pleadable as a matter which by Act  of parliament be declare and provide to make a deed void be allow to be plead  in bar though nothing of it appear in the condition it be not necessary the  felony shall be express aver to be commit but the sin felony allegavi be  enough Denton just accord price I a contract nor a parole agreement shall not  be receive against a bind but it must be defeat by a matter of as high a  nature as a defeasance by deed and to this purpose be the case of Hayford and  Andrews and Hodges and smith cro Elizabeth and cro James if those case be law  and sure their authority be not to be shake I do not see how this plea can  stand for it be aver a parole agreement against a obligation fortescue just I  think the objection to the plead be not to be overlook for if there be no  felony commit which be not positive aver there can be no corrupt and illegal  agreement between the party as the defendant plead as to the other matter the  question be not how those bind can be avoid let a Act of parliament make they  void a parole agreement can no more be set up against a bind than a parole  defeasance can against a single bill the reason why duress and infancy may be  plead in bar of a obligation be because in those case the party have not a  power nor a capacity to enter into the obligation wherefore it be a mere  nullity but there be not one case in all the book to warrant that a bind make  upon a illegal consideration be void unless it be malum in see and compound a  felony be but malum to hold before if averment of this nature shall be allow  it will break down the fence between simple contract and specialty and the  several act make to adnul bind upon a illegal consideration will have be  unnecessary the illegal consideration appear upon the condition of the bind in  the case cite but here the defendant be conclude by his own seal when this  Fitzherbert Gibbon practice become epidemical let the legislature interpose  Eyre Ch just I do agree that a bind have once take effect as a bind can be  defeat by plea of a matter dehors but any matter that prevent the lie of it as  a obligation may well be plead in avoidance of it and that be the reason the  plead of duress and infancy stand upon and here the illegal consideration  obviate the lie of this bind for it be malum in see which answer my brother  fortescue objection and the case cite by my brother price be all matter  subsequent to the take effect of the bind Adjurnatur judgement be afterward  give for the plaintiff per tot cur