to be still punishable by the common law. The same act of taking exorbitant interest, which is punishable specifically as usury by statute, is a species of extortion or oppression and as such is punishable by the common law, by fine and imprisonment ; but it seems that usury is not now punishable, eo nomine at common law. The case of King v. Walker, Sid. 421, & 3 Salk. 391, proves that the same act, which is punishable seem to have considered that it was in any way sinful to borrow and pay the usury. Dr. Wilson, whose work we have before referred to, having therein heartily abused and consigned the usurer to perdition for his " wickednesse," proceeds to consider how far the borrower is particeps criminis. "And now," says he, " cometh to my mind a matter most needful to be spoken of after such heats of speeche used against the usurer, that whether he that payeth usurie be an offender or no, for some think, because there can be no usurie without borrowing, those therefore that borrow are at fault as they which do give cause of this horrible offence; I do answer that everie borrower doth not sinne, because it is an in- voluntary action, and much against the borrower's will,^ who would ratJier, with all his heart, horrow freelie, and paie nothinfj for the loan than otJierwise." No one can quarrel with this conclusion. But the opinion, " that every borrower doth not sinne," we cannot so readily subscribe to, nor entirely acquit the borrower of blame. If usury is a sinful and immoral act, and malum in se, which most of these as usury by statute, may be informed upon at common law as a corrupt agreement. It was there moved in arrest of judgment, than an information on the statute was had ; and held by the court, that, if upon the information judgment could not be given on the statute to pay treble the money taken, yet being found that the defendant took forty shillings by a corrupt agreement, judgment should be given against him at the common law, which was fine and imprisonment."
' " For the sinne of rape cannot be without the innocent party that is ravished." — (^Bishop of Derry, quoted in Blaxton's Eng.
Usurer, 2d edit., 1634.)