Barnardiston walmesley and booth June in Japhet crook be under prosecution in  the king bench for perjury and forgery and have several action bring against  he upon this occasion he take lodging in Whitehall and abscond in the month of  October in that same year John booth be employ as his attorney to defend he in  these prosecution and action in order to his be bail to the indictment Lord  chief justice Raymond insist that crook shall enter into a recognizance of  pound and find two other person who shall be bind for he each in the penalty  of pound crook be not able to get this bail himself but booth procure it for  he however booth be force to make a great many application in order for the  obtain it this take up most of his time between the month of October and the  beginning of December follow however during that space of time booth be employ  in another business for he which be the draw his will crook give instruction  for it sign with his own hand in which instruction he insert a legacy of pound  to booth and pound apiece to the bail this will be accord execute by crook but  when he have do it booth propose to he that he will give he a bind for secure  his legacy and crook ready agree to it accord a bind be make by crook to booth  on the second of December bear date on the first in the penalty of pound with  a condition to the follow effect whereas John booth have be serviceable to  Japhet crook in several cause and still continue to be so and the say Japhet  crook be through sensible of the service and favour if the say Japhet crook  shall leave to the say John booth a legacy of then the obligation shall be  void otherwise to stand in full force after this crook revoke his will and  make a new one of this new will he make Barnardiston his servant maid mary  walmesley executrix and give her the residue of his estate which amount to  pound in this new will he leave out the legacy which by the former he have  give to booth and in his new will declare that the obtain that legacy from he  in the former be a imposition upon he crook die in after his death mary  intermarry with Charles walmesley and thereupon a action be bring by booth  against Charles and mary walmesley upon this bind and judgement be have  against they booth at the same time deliver than a bill of cost wherein be a  great variety of item on account of attendance between October and December to  procure this bail and thereupon the present bill be bring by Charles and mary  walmesley against booth pray to relieve against this bind but Lord chancellor  say his opinion be that the bind can not be relieve a against his lordship say  that he be to consider this bind as a voluntary gift the recital of it be of  favour be do by booth to crook which show that it be not give towards secure a  suppose debt and if this be to be consider as a voluntary bind the next  question will be whether there be a sufficient foundation in that light to  relieve against it and his lordship opinion be that there be not it have be  insist that the defendant be a attorney and that it be contrary to his duty to  procure a gratuity from his client for such kind of service as find bail for  he and it be indeed true that the obtain gratuity of this sort be not such  thing as ought to be encourage but it be impossible to say that every bind of  this sort shall be relieve against in this court it be suggest by the bill  that at the time of give this bind crook be a prisoner in the KingsBenchPrison  the fact come out to be otherways and it appear he do no more than take  lodging at Whitehall and abscond there but if Barnardiston he have be in  prison and be there under lawful process this will not have be duress by the  commonlaw however if that have be true that may have be such a circumstance as  to have avoid the bind in this court the present case have be compare to two  other namely one of bind give by heir the other of Marriagebrokage bind in  which case it have be say that the court do constant relieve against they but  his Lord Barnardiston er p ship opinion be that the present case can not be  compare to either of those which have be mention with regard to the first of  those case the court do presume that a young heir in the life of his parent be  under distress be such a person as be liable to be impose on and in case of  that sort wherein the court relieve it be necessary that he must be a young  heir and in such case the presumption of his be impose on arises from the  circumstance of the party and in the present case if any circumstance have be  prove to show that crook be liable to be impose on he will have relieve  against this bind likewise and his lordship say that he will have lie hold of  the slight circumstance for that purpose with regard to the second instance  that have be put of Marriagebrokage bind it be indeed true that the court  relieve against they but that be on circumstance of another kind and that case  can be compare to the present one in this case too the length of time be a  considerable circumstance for not relieve against this bind the testator live  six year after it be make and not one attempt during all that time to set the  bind aside his lordship say that during the progress of this Cause he have  indeed consider whether he may not direct that this bind shall only stand as a  security for what be good fide owe to booth by the testator accord to the case  of proof and hind determine by Lord Talbot there a gratuitous bind be give as  a encouragement for the find out a pedigree and Lord Talbot direct that the  bind shall only stand as a security forwhat the party deserve for his  Barnardiston trouble but upon further think on that matter his lordship  opinion be that this case can not be compare to that by reason that this bind  be not give by the testator to pay booth a sum of money in his lifetime but to  leave he a legacy at his death have indeed this bind be give to have pay he a  sum of money in his lifetime his lordship say that he shall have incline to  have do the same thing as be do by Lord Talbot in the case of proof and hind  but as the bind be give to leave the party a legacy the bind must either  absolute stand or else be absolute set aside however his lordship repeat it  again that if there have be any imposition on the testator or any weakness in  he he will certain have relieve against this bind with regard to the bill of  cost his lordship say that that must be tax but then as to that there may be  this distinction that it may not be reasonable that booth shall be allow any  of the item relate to his attendance in procure bail they be the principal  motive to the give the bind but as to the other item of the bill he ought to  be allow they notwithstanding the bind and so his lordship be please to decree  accord may this Cause be now reheard and upon the rehear his lordship opinion  be that the decree which he before make ought to be reverse he say that there  be several ground which have be offer to show that this decree ought to be  reverse some arise from the general nature of the case by consider this bind  as a deed obtain by a attorney of his client during the time that he be employ  by he and the other ground for this reversal have be offer as arise from the  particular circumstance attend this transaction and the obtain this bind which  have be more particular Barnardiston and minutely consider than they be on the  former hear these different argument will be proper to be distinct consider of  and when that be do the remain question will be whether this bind be to be set  aside entire or whether it ought to stand as a security for what be due from  walmesley to booth on the account of the business which be do by booth for  crook with regard to the first of these argument his lordship say it seem to  he to be of very great weight and be the principal thing which influence he to  alter the opinion which he be of before atorneys and solicitor be to be  consider as public officer and minister of justice upon this ground it be that  in court both of law and equity they have state fee allow they for their  service and be under the government of the several court in relation to their  behaviour to their client the court exercise a much large authority over they  and interfere much more in contract which they make with their client than  they do in other case for which reason it be that court both of law and equity  and especial the court of law have certain rule in order to regulate the  behaviour of these person both with regard to their method of proceed and to  the satisfaction which they be to receive from their client upon this ground  it be that if a attorney accept a retainer from his client and do not appear  for Barnardiston er p he the court will compel he to do it either at the  instance of the plaintiff or of the defendant so likewise on the other hand  when a client have retain a attorney he shall not change he without leave of  the court these thing show that there be a very strong relation between  atorneys and their client atorneys and solicitor when they have accept  retainer from their client be bind to serve they for the state fee which be  allow by the several court and if a attorney extort more money from his client  than the court allow of or make a contract with his client to have more money  Barnardiston the court will give relief consider then the nature of the  present case booth be employ by crook as his attorney on the saint of October  and it be agree on all hand that crook have no acquaintance with booth till  the time when he so employ he there be very little business which booth do for  crook between that time and the d of December when the bind be give and during  that little space of time he have constant charge fee for the business which  he do and the for every minute attendance booth admit by his answer that at  the time the bind be give there be but pound which be owe he from crook it  appear that crook be at that time under prosecution for great offence it be  plain therefore that he be a man under distress though the distress be bring  upon he by the crime which he have commit under these circumstance it be that  booth be employ to draw his will it be say the instruction be draw with  Crooksown hand and that in those instruction the legacy of pound be insert but  booth be not satisfy that this shall rest upon his will and therefore get he  to execute a bind to confirm it this bind be give in the penalty of pound and  the condition be to the follow effect whereas John booth have be serviceable  to Japhet crook in several cause and still continue to be so and the say  Japhet crook be through sensible of the service and favour if the say Japhet  cook shall leave to the say John booth a legacy of then the obligation shall  be void otherwise to stand in full force I have be say that the meaning of  this bind be only to give this legacy a preference in payment to the other  legacy which be give by his will and that it remain a legacy still and be not  a debt but the purport of this bind be more than bare to give this legacy a  preference in payment to the other legacy for though notwithstanding this bind  the payment of this legacy will be postpone in respect of creditor yet the  consequence of the bind be that the Barnardiston will with regard to this  legacy be thereby make irrevocable and the bind remain a debt upon the estate  to be pay at least after creditor consider then the case which the present one  have be compare to one of these case have be that of young heir enter into  bind which this court relieve against without particular evidence of their  weakness or of actual imposition but on the general principle that it be not  fit in respect of the public that bind and agreement of that sort shall stand  and undoubted the present case do in some measure partake of that though not  throughout for there there be a presume distress and a presumption of a  liableness to be impose on that distress put they under a temptation of enter  into contract which otherwise they will not and that be the ground upon which  in respect of the public the court relieve consider then the nature of the  present case and compare it with that crook be at that time under a  prosecution for forgery he must be therefore consider to be under circumstance  of distress and consequent the defendant who be his attorney must have have a  power over he another case which the present one have be compare with have be  that of mortgage where the court will not suffer hard clause to be insert in  they and therefore though the court will allow a mortgage to be make in this  manner that pound per cent may be reserve with a proviso that if the interest  be pay within a certain time after it be due that the mortgagee will accept  per cent and that shall be good yet if mortgage be make in this manner that  per cent be only reserve for interest with proviso that if the mortgagor do  not pay such interest within a certain time after it be due he shall pay a  interest of per cent such proviso will not be good and that have several time  be determine the borrower be consider as a Barnardiston servant of the lender  and to be under his power and therefore the court will not suffer hard term to  be put upon he that be a case something similar to the present one and so be  the case of MarriageBrokage bind in these sort of case it be on the account of  the public that the court relieve and it be on that account that it ought to  relieve in the present case the next thing proper to be consider be the  Barnardiston er p particular circumstance which the present case be attend  with the defendant insist by his answer that this be a voluntary bind enter  into by crook but though this be call a voluntary one yet it be plain that  when it be first of all enter into it be not intend that it shall be take to  be such for it recite that booth have be serviceable to crook and still  continue to be so what be these service that can be allege in order to justify  this recital nothing but what have be beforementioned and that show the this  be a false recital and that be a evidence of a imposition the procure bail can  be say to be part of the consideration for the bind bear date the saint of  December though it be not execute till the d and the bail upon the certiorari  be not give till the d beside in the nature of the thing the procure bail by a  attorney be not a proper consideration for such a bind the get her bail and  common bail be one of the thing that amount to a Act of bankruptcy it do not  appear that the defendant give a collateral security to the bail as a motive  to they to become such have he do that indeed it may have be a consideration  for a reward but nothing of this be pretend and what be the other service  which he do after the bind be give nothing but the common service of a  attorney for which he have charge his fee for every item for these reason his  lordship say his opinion be that whether this case be consider upon the  general nature of it or upon the particular circumstance that attend it the  bind ought to be relieve against and if it be not it will be a thing of very  dangerous consequence the Barnardiston remain question to be consider be  whether the bind ought to be set aside entire or whether it shall stand as a  security to the defendant for what be due to he now it be a good deal submit  to on the part of the plaintiff that it shall stand as a security it must be  inquire into by the master what the service be which the defendant do for  crook and what he ought to be allow for they the master must likewise inquire  whether the defendant ought to have a allowance make he for any extraordinary  service which he do the bind must stand as a security for the whole that be  due and so his lordship be please to decree accord