Whether an advocate is bound to answer summarily in matters which regard not his office.
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Upon a bill against Mr Henry Morison; it was desired, that in respect he was an advocate and member of the house, he should summarily deliver certain goods entrusted to him by the complainer: And it was alleged for him, That the complainer ought to intent an action in communi forma; and, the interest that he had in the house as an advocate, should give him right to any privilege that belonged to an advocate, but ought not to put him in a worse case than other subjects, who could not be forced to defend upon such bills: And the practice, that the advocates should answer summarily to complaints against them, is only in relation to their trust and office, if they refuse to exhibit or deliver writs entrusted to them: And the trust mentioned in the bill was only to him as quilibet, not as an advocate.
