Lord Coke's opinion in the affirmative I cannot sub- scribe to. The words of the repeal appear conclusive against it, viz. : that the said acts, statutes and laws heretofore made of or concerning usury, shifts corrupt bargains and chevizances, and all pains, forfeitures and penalties concerning the same. These words evidently refer to and are merely coextensive with the words of the * 37 Henry VIIl, c. 9, entitled " A Bill against Usury."
jurisdiction/ " So, that, at this day, neither the common law (says Sir Edward Coke), nor any of the Statutes made previously to that of Henry VIII., (except the ecclesiastical jurisdiction saved by the Statute of Elizabeth), is now in force."^ preamble, sundry acts, statutes and laws ordained, had and made within this realm for the avoiding and punishing of usury. Now it is manifest that these acts, statutes and laws must be written laws, for to them alone is applicable any obscurity in sentences, words and terms. The mischief which is complained of, and is intended to be remedied by this statute, could not have arisen or grown out of an unwritten law, such as the common law of Kng- ■ land is. It appears equally unquestionable, that the Legislature had only in contemplation the inefficacy of such punishments as were directed and imposed by these acts, statutes and laws, which were so obscure in their sentences, words and terms as to be of little force and eifect."