case Thornhill against crying Euhan in chancery Trinity term Geo if a  mortgagee take advantage of the necessity of a mortgagor and thereby increase  the rate of interest on the money lend and obtain the grant of a stewardship a  court of equity will afford relief a see ossulton v Yarmouth salk Broadway v  morecroft Moseley Mitford v Featherstone vezey a S c atk this be a bill by the  plaintiff to have a account of the several sum of money pay to the defendant  under the pretence of principal and interest and interest upon interest and  double interest and to be relieve against that sort of imposition find upon  the necessity of the borrower and also to be relieve against a grant in fee of  the stewardship of a manor belong to the plaintiff and obtain from he by  surprise the plaintiff be seize in fee of the manor of Hebden in Suffolk of  the yearly value of seven hundred pound and be apply to by the defendant to  appoint he to be steward of the courtleet and courtbaron answer that he have  already appoint the defendant father to the stewardship but that if his father  will consent he will appoint the defendant to be steward the father consent  and a deed or instrument be draw of the stewardship of both court in fee  without the plaintiff knowledge be never so much as ask to make a grant in fee  of it or without any agreement or instruction give by the plaintiff about it  before this the plaintiff have occasion for four thousand pound apply for it  to Mr Evans the father who have be his attorney and Mr Evans son the defendant  advance it for the secure modern report whereof Mr Thornhill execute deed of  lease and release the money bear interest at the rate of four pound and a half  per cent some time after a further sum of sixty pound be advance by the  defendant and secure by endorsement upon the mortgage without any rate of  interest specify ninety pound soon after become due for halfayears interest  and the defendant insist upon have that make principal and it be endorse to  carry interest also upon the ten of November a year interest become due which  together with the interest of the sixty pound and ninety pound and a fresh sum  of forty modern report er p pound be make principal not at the rate of four  and a half per cent but of five thing be carry on in this way till when there  be a account bring in to the amount of five thousand one hundred and ninety  pound the plaintiff find himself involve give notice to the defendant that at  the end of six month he will pay he off the money due for he purpose to sell  his estate and therefore desire the defendant to show the titledeed to the  purchaser who tell he he will not do it unless the plaintiff will give he  double interest for the last halfyear and the plaintiff accord pay one hundred  and ninety pound call advance interest upon this the deed be produce the title  look over and approve and the purchasemoney ready on the twentysecond of may  the day of notice but then the defendant say he have business in the country  and can not come to town to receive the money several letter be write to he  and at the latter end of June the defendant say he will receive his money in  the country which be send but then he refuse to execute unless he have  interest until the twentysecond of may the day of notice and then interest  both upon the principal and interest down to the latter end of June at five  per cent which be comply with and the deed execute Hardwicke Lord chancellor I  be of opinion that the plaintiff be clear entitle to relief upon the several  part of his case the first and principal matter be that of the mortgage make  by the plaintiff to the defendant for four thousand pound with interest after  the rate of four and a half per cent the several point upon which relief be  pray upon that mortgage be in the first place to be relieve against several  computation make from time to time of interest and of turn that interest into  principal and make Mr Thornhill pay for the same after the rate of five per  cent in the second place to be relieve against the sum of ninety pound receive  by the defendant from the plaintiff in the name of six month interest by way  of advance and now say by the defendant to be receive upon another account in  the last place to be relieve against the computation of interest upon interest  from the twentysecond of may down to the latter end of June when the  mortgagemoney be pay off modern report as to the first of these it appear by  the endorsement that computation of interest have be frequent make and those  turn into principal at the rate of five per cent though the mortgagemoney bear  only four and a half to justify these conversion of interest into principal it  be say and in some instance it be true that fresh money be advance and that it  be but reasonable to unite the fresh money and the arrear of interest and to  make they principal a see sir Thomas to make water case cite atk S c cite case  tempt Talb a that if a mortgagor do not pay his interest punctual and the  mortgagee demand it it will in such case also be lawful upon the agreement of  the party to make such interest and principal by endorsement and it be true it  may be do though it be always take to be evidence of oppression especial  unless new money be advance or there be great arrear of interest but here  interest be make principal some time when there be but halfayear behind and  where a man be a great creditor and advance new money his interest may be  commute into principal but whether fresh money be advance in all the instance  in the present case do not appear to I in two of they there be but that which  weigh particular with I be that here be not only agreement to turn interest  into principal but to make it bear five per cent though the mortgagemoney  original advance be only at four and a half which be a further instance of the  power of the defendant over the plaintiff and it be careful mention in all the  endorsement lawful interest therefore the plaintiff be entitle to relief in  all the computation and there must be a account of the principal of four and a  half per cent and as to the new money advance it must be at five for I can  relieve against that as the endorsement be under the handwriting of the  plaintiff neither can I relieve against the interest make principal for the  same reason but it shall only bear four and a half per cent as to the second  of these it appear that the sum of ninety pound be pay by modern report er p  the plaintiff by the name of six month interest by way of advance and as there  be nothing due the proper name for it be double interest for halfayear to  justify this the counsel for the defendant say that Mr Thornhill as he have  make Mr Evans no allowance for advance the money promise six month  advanceinterest for it when he pay he off but this court will relieve against  such promise for it be extortion for Mr Evans will not show his deed to the  purchaser till he be pay it therefore this sum must be refund with interest it  be further urge in defence of this advanceinterest that Mr Evans the defendant  be a counsel at the bar that he have often advice and do business for Mr  Thornhill without any fee and that Mr Thornhill promise he six month  advanceinterest for his trouble when he pay he off it be pretty extraordinary  that six month interest shall be the exact rule of reward but this court will  not stiff a counsellor who be a mortgagee to modern report have any such  allowance for his fee nay this court will not suffer a counsellor to bring a  action for his fee for they be rather honorary than pay and he must take they  when he give counsel and no bill will lie in this court for his relief if be  do not but the present case be much worse for Mr Evans refuse to show the  titledeed till he be pay this ninety pound and it appear in proof that when  the titledeed be desire to be see he say nobody will advice he to part with  his deed which be a security to he for five thousand pound it be say a  mortgagee may refuse and true to let the deed go out of his hand before he be  pay but no fair mortgagee will refuse suffer the titledeed to be lie before  counsel of credit as to the three objection it be insist by the defendant that  as six month interest of the principal be due the twentysecond of may he ought  to have interest compute upon that six month interest from the twentysecond of  may down to the thirty of June when the mortgage be discharge and the pretence  be that six month interest be due the twentysecond of may be the same as a new  separate sum capable of bear interest but if I be to allow that I shall turn  interest into principal without the agreement of the mortgagor therefore what  interest have be receive upon this head must be refund with interest the other  part of the case relate to a matter of less consequence but it be to be  connect together with the former and that be the appointment of the defendant  to be steward to the plaintiff date after the mortgage and it be for the  defendant to be steward in fee to keep by himself and his heir or his or their  sufficient deputy all the plaintiff courtsleet courtsbaron c in the manor of  hebdon in the county of Suffolk this appointment in law be good as to the  courtbaron for the stewardship of a courtbaron may be grant to a man and his  heir it be no judicial office the suitor be the judge in every courtbaron but  the appointment of the stewardship of the courtleet to Mr Evans and his heir  be void for it be a judicial office and if it be to be grant in fee it may  descend to idiot lunatic infant and female who will not be able to execute it  there be indeed ancient office which be judicial one that have be grant in fee  and yet by custom and prescription be support as the stewardship of the county  of Westmoreland be grant to the earl of thanet and his heir and descend and  come into the hand of female but the question in this court will be whether  this appointment be obtain from Mr Thornhill by imposition and it sufficient  appear that it be that Mr Thornhill be a man easy impose upon be manifest from  the transaction of the mortgage it be not pretend that he take notice of or  read this appointment or if he have as he be a country gentleman he may not  understand it and he may not know that this instrument be to give a man and  his modern report posterity power to act as judge in his court and this be  subsequent to the mortgage when Mr Thornhill be under the defendant power and  as the two Mr Evans do business for he it be their duty to have tell he the  effect of such appointment I therefore decree the appointment to be deliver up  to be cancel modern report er p