case the queen against fuel alias beau evidence usury the defendant be indict  for usury in take nine pound for the use of fortyfive pound for a year contra  form to cause to stand the case be the defendant lend the prosecutor fortyfive  pound upon a pledge of jewel and it be agree to pay the say interest afterward  the prosecutor give his bind for the same modern money and the bind not be  discharge the prosecutor be produce as a evidence and he be swear by holt  chief justice de bene be as he say and he say it be a question whether the new  bind be void or not and he put this case a man make a usurious contract and  give he unlawful interest and agree to give he a bind for the principal and  after by a subsequent agreement give a bind for modern er p the sum lend to I  S to who the lender owe so much in satisfaction of his debt this bind be not  voidable by the statute Ann c see also pollard v Scholey cro Elizabeth and  hawk p c that edit vo ch S c where all the case on this subject be collect a  if a man lend money for the legal interest and afterward a subsequent  agreement be make for more interest which be usury that will not avoid the  first contract here holt chief justice declare for law that where a man be  interest in the consequence of that which he swear for if it be that the do of  the act which he be now evidence to invalidate or set aside be a mean to  obtain his liberty from imprisonment or a exemption from corporal punishment  he shall be a witness as in the case of duress though it be to set aside his  own bind yet it be give to obtain bis liberty he shall be a witness also where  the nature of the thing allow he no other evidence as if a woman give a note  or bind to a man to procure her the love of I S by some spell or charm in a  indictment for the cheat though it tend to avoid the note yet she shall be a  witness but see Abraham who lamb Bunn burr Wallen v Shelley term Rep master v  Drayton term Rep and hawk p c that edit vo ch S to b note here it can not be  give in evidence that the defendant be a common usurer because he can not be  ready to give a answer to that matter hilary term the first of queen whether  in the queen bench sir John holt Knt chief justice sir John Powell Knt sir  Littleton powys Knt sir Henry gold Knt justice Edward Northey Esq attorney  Genetal Simon Harcourt Esq solicitor general