case in chancery Atterbury contra Hawkins c scrivener not privilege two  brother in the life of their father r Jason agree by article together that if  the father shall leave or convey his estate to the old he shall convey a three  part thereof to the young son and if he shall convey c to the young son then  the young son shall convey a proportion c to the elder the plaintiff pretend  himselfby this bill to be interest in this agreement under the young son and  Hawkins one of the defendant be charge to know and to discover encumbrance on  the estate make by the father c Hawkins demurrer because he be a scrivener and  know nothing but as a scrivener when employ in lend money and take security  from the father c and demand judgement if he shall discover c insist that it  be a general case concern all scrivener and all dealer with they in lend and  borrow of money the demurrer be overrule and Hawkins put in a answer to which  answer exception be take and now come to be hear the defendant Hawkins have  now set forth in his answer the name of the person for who he deal in this  affair namely the bishop of Salisbury and other so as the plaintiff may make  they party who be the party concern in interest but he himself disclaim all  interest but do not answer what conveyance he have make nor for what sum and  it be say by Mr attorney Mr Keck c that this will be a foundation of a  practice of very ill consequence videlicet when that the party concern may  defend himself so as come in by valuable consideration and without notice he  shall not be compel to discover any thing to prejudice or weaken his Title if  he be himself party to the bill yet by a bill again t his agent for a  scrivener in such case be no other he shall have every thing discover and it  be say that the plaintiff design be and his endeavour have be to buy in some  encumbrance precedent to the assurance make to his client so he call his  employer beside the defendant have disclaim the plaintiff can have no decree  against he nor any advantage by his answer for no use thereof can be make  against any other and therefore it be better and more case in chancery proper  to make the other person who name be discover in the answer party and put they  to answer for themselves than the scrivener no way interest but as a agent for  other and by this way a man that be a mere stranger in interest and know only  as a witness may be draw in to answer a bill and so either prepare to be a  witness or search by his oath what he can say c solicitor by the order on hear  the demurrer the defendant be to answer and to discover but now will bring the  same matter into debate again chancellor the bill be for discovery and in  effect the defendant bid the plaintiff go look therefore answer what  conveyance himself make not to the former of bill of discovery in equity c  vide cur canc to what a defendant shall not discover vide cur canc and if a  discovery be pray this Cause of demurrer ibidem to or it may be avoid by plea  ibidem vide ante Chan c case in chancery re term sanct trin year king car two  in cancellar