case Jori versus cox ante S c but not S p wms S p atk a mortgagee lend money  at pound per cent and in the deed agree to take per cent if it be pay within  three month after it become due if the mortgagee fail to pay at the precise  time he must afterward pay per cent a mortgagee lend money at pound per cent  but agree in the deed that if the money be pay within three month after it  become due that he will accept of pound per cent the mortgagor do not pay the  money within the three month after it become due and the question be whether  he shall pay pound or pound per cent precedent in chancery the lordkeeper have  take time to consider of the case deliver he opinion that interest must be pay  at pound per cent for though this court relieve against unreasonable penalty  yet this be not so for the mortgagee may have refuse to lend his money under  pound per cent if he have accept pound per cent that may have alter the case f  or there he have be his own chancellor and if it be to be so that he must take  pound per cent yet he ought at least to have interest for the interest from  the time it ought to have be pay for else it will be take from he his legal  advantage without make he the recompense which in conscience he ought to have  and so there be some difference between reserve simple pound per cent and  reserve of it as in this case I can set aside a man agreement he must pay  pound percent note in this case be cite a case between Lord Halifax and  Higgins vern Eq Abr pl where in such case pound per cent only be allow but  there the agreement to take pound per cent be by a distinct deed Qure how that  vary it in Vernon report the case of Halifax and Higgins be thus state money  lend upon a mortgage at pound per cent the mortgagor covenant to pay pound per  cent if he make default for the space of sixty day after the time of payment  the court decree that from default make he shall pay pound per cent the  covenant be the agreement of the party be not to be relieve against as a  penalty