Bridgeman against Green and others.

BRIDGEMAN faid he intended going abroad, and wanted the money to lodge in his Banker's hands; so that Lock, at the Spring Affizes 1751, and at the execution of the Mortgage, when the Plaintiff tells Mr. Jones why he borrowed the money, fits by, and as far as filence goes, abetts what he knew to be falfe, because he had at that time drawn the Notes for the difpofing of the whole £. 5,000; and when Floyer afked Lock about it, on 4th September 1751, Lock tells him he knew nothing of it, and that he was not concerned in it. Here is difguise, artifice, falfe colouring, and low, dirty, fhallow cunning, from one end to the other. But the taking the Notes to Lock's Son, is a decifive mark of impofition. GREEN had given up his Deeds; the Notes were fubftituted in their place, and therefore there might be fome colour for taking them to GREEN and his Brother; but what pretence for taking a Note for £. 1,000. to Lock's Son? He ought not, especially whilft the Mortgage was depending, to have endured the very intimation of such a bounty. But to dare to take a Security for it; to draw it with his own hand, and fuch a Security--a Note for value received, (which was falfe) fo as at the end of a month, Lock might lay him in Gaol, whether he had the money or not, (and if thefe Notes had been indorfed, there would have been no Relief against them at Law or in Equity) was fuch an abuse of that Truft which fubfifts between an Attorney and his Client, as without any other circumftance of Fraud whatsoever in the Cafe, would have fatisfied me in decreeing a reftitution of the money paid upon Notes fo obtained.

There had been a fcheme laid for going abroad, or at least a pretence of that kind, and carried on fo far in earnest, that Jeffrys was engaged to go with them. They durft not venture to truft BRIDGE

MAN

MAN with the receipt of the L. 5,000. and have no hand over him at all. Thefe Notes were taken to enforce an application of the money, in cafe they had found him difpofed to have broken his chains; and I obferve the money is ready the very month after the Notes were given.

Bridgeman

against Green

and others.

Attornies, by being entrusted with their Clients fecrets, must always have a great influence and afcendancy over them: they are the great money-borrowers now all over the nation. The wants, the preffures, and the keenness of men's paffions to get money, for the gratification of their vices or their follies, would make them give any thing to expedite or accelerate a Loan. Men are really not free agents under fuch circumftances; they are as much, or more, under the influence of their Attorney in negotiating a Loan, as in the prosecution or defence of a Suit; and the reafon of the Decree in Walmfeley and Booth (a), applies ftrongly to the present Cafe. I have no doubt, (@) 2 Atk. 25. nay I know, there are many Attornies who would have died before they would have acted fuch a part as Lock has done in this affair. If there are any who forget that they are Minifters of Justice, and not only ftand by and fee their Clients robbed by Footmen, but are themselves acceffary to the robbery, and divide the plunder; this Decree will inform them they fhall not do it with impunity. It is their Duty to avert the blow which fraud and impofition aim at their Clients. This Court has frequently made them answerable for grofs laches and negligence in the placing out their Clients money upon fham or infufficient fecurities; but where, inftead of averting the blow, a man's own Attorney directs and guides the hand that strikes it,— this Court cannot but exprefs the greatest refentment and indignation at fuch a behaviour: and though, in general, Cofts are not given againft

L 2

Bridgeman against Green and others.

against persons who are not Parties to the Suit; yet, as Lock was a Party to the original Caufe, and they were both brought on together, and he had the management of both the Caufes, and the fubject matter of both the Caufes, as to this point, was the fame; and he was left out of the Crofs Caufe, only to make him an Evidence; and he has fo grofsly misbehaved himself in his Profeffion, and that mifbehaviour has been the occafion of both the Suits, and of the Cofts expended by BRIDGEMAN, he ought in Juftice and Equity to pay them (a).

I have thought upon both the Points as fully as I can, and have had no doubts upon them, and confequently the lefs occafion to call in the Authority of the Noble Lord who made this Decree. But though I fhall always examine, with the utmost freedom, the opinion of every man submitted to my judgment; yet I must own, that if my mind had stood in an equal balance, the Authority of the Noble Lord who made the Decree, would have turned the scale; and I am fure every man, who wishes well to the Laws, Liberties, and Properties of this Nation, cannot but wifh that his Opinions may always have the greatest weight with his Succeffors in this Place.

The other Lords Commiffioners being of the fame opinion:

ORDER, That the faid Decree be

Affirmed.

(a) By the original Decree, both the Defendants were directed to pay the Cofts of both Suits,

HOUSE OF LORD S.

Die Martis, 9° Maij 1758.

the Writ of

Habeas Cor

pus.

UPON the fecond Reading of the Bill, intituled, "An Act for giv- Opinion on "ing a more speedy Remedy to the Subject upon the Writ of Habeas Corpus" (a), it is Ordered by the Lords Spiritual and Temporal, in Parliament affembled, That the Judges do attend this Houfe, the first Thursday after the approaching Recefs, to deliver their Opinions feriatim, with their Reasons, upon the following Quef

tions:

1ft. Whether, in Cafes not within the Act 31 Car. II. Writs of Habeas Corpus ad fubjiciendum, by the Law as it now ftands, ought to iffue of course, or upon probable Cause verified by Affidavit?

2d. Whether,

(a) Which "Bill" was as follows: "WHEREAS the Writ of Habeas Corpus hath, in all Times, been deemed to be the most effectual Security for the Liberty of the Subject, against every kind of wrongful Imprisonment or Restraint: And whereas any delay in the awarding or returning of fuch Writ may be attended with the most fatal confequences to the perfon under restraint; and, by reafon of fuch delay, the Relief intended to be given may come too late for fuch perfon to be difcharged from his reftraint, or to receive any benefit from fuch Writ; Be it therefore enacted by the King's moft excellent Majefty, by and with the advice and confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the authority of the fame, That the feveral Provisions which, by an Act made in the thirty-first year of King Charles the Second, intituled, "An Act for the better fecuring the Liberty of the Subject, and for prevention of Imprifonment beyond the Seas," are made for the awarding of Writs of Habeas Corpus, in cafes of commitment or detainer for any criminal or fuppofed criminal matter, thall, in like manner, extend to all cafes where any perfon, not being committed or detained for any criminal or fuppofed criminal matter, fhall be confined or restrained of his or her Liberty

Opinion on the Writ of Habeas Cor

pus.

2d. Whether, in Cafes not within the faid Act, fuch Writs of Habeas Corpus, by the Law as it now ftands, may iffue in the Vacation by Fiat from a Judge of the Court of King's Bench, returnable before himfelf?

3d. What effect will the feveral Provifions propofed by this Bill, as to the awarding, returning, and proceeding upon Returns to fuch Writs of Habeas Corpus, have in practice; and how will the fame operate to the benefit or prejudice of the Subject?

4th. Whether,

Liberty, under any colour or pretence whatfoever; and that upon oath being made by fuch perfon fo confined or reftrained, or by any other on his or her behalf, of any actual confinement or restraint, and that fuch confinement or restraint, to the beft of the knowledge and belief of the perfon fo applying, is not by virtue of any commitment or detainer for any criminal or fuppofed criminal matter; an Habeas Corpus directed to the perfon or perfons fo confining or reftraining the party as aforefaid, fhall be awarded and granted in the fame manner as is directed, and under the fame penalties as are provided, by the faid Act, in the cafe of perfons committed or detained for any criminal or fuppofed criminal matter; and that the perfon or perfons before whom the party fo confined or reftrained shall be brought by virtue of any Habeas Corpus granted in the Vacation time under the authority of this Act, may and fhall, within three days after the return made, proceed to examine into the facts contained in fuch return, and into the cause of such confinement or restraint; and thereupon either discharge, or bail, or remand the parties fo brought, as the cafe fhall require, and as to justice shall appertain.

And be it further enacted by the authority aforefaid, that whenfoever any Writ of Habeas Corpus, granted either in term or vacation time, on the behalf of any party fo confined or restrained without a commitment for any criminal or fupposed criminai matter, fhall be ferved upon the perfon fo confining or restraining fuch party, or shall be left at the place where fuch party fhall be fo confined or restrained, the person so confining or reftraining fuch party fhall make Return of fuch Writ, and bring or caufe to be brought the body or bodies, according to the command thereof, within the respective times limited, and under the provifions prefcribed by the faid Act to Sheriffs and other Officers, in cafe of commitment or detainer for criminal or fuppofed criminal matters; and every fuch perfon neglecting or refufing fo to make return of fuch Writ, or to bring or cause to be brought the body or bodies, according to the command thereof, within the times refpectively limited, and under the provisions prefcribed by the faid Act to Sheriffs and other Officers, fhall be guilty of a contempt of the Court under the feal of which the faid Writ of Habeas Corpus fhall iffue; and shall also for the first offence, forfeit to the

party