case brook against sir henry montague recorder of London Trinity term James  roll a barrister may justify in a action of slander that the defamatory word  be speak by he in the legal and necessary exercise of his profession post dyer  roll ab style more hob   cro Elizabeth Com dig onslow n p Bl Com Bac ab Bac ab  term Rep in slander the defendant may justify as have read the word as a story  out of a history see Bac ab and onslow n p term Rep action for word for that  the defendant at such a place in Surrey speak these word of the plaintiff he  be arraign and convict of felony c the defendant plead that the plaintiff at  another time bring false imprisonment against I S one of the sergeant of  London who justify by warrant from sir Nicholas mosely mayor of London for  arrest he to find surety for the good behaviour and they be thereupon at issue  and find against the plaintiff who bring a attaint and the defendant be  counsel et die in lege be retain to be of counsel with the petty jury and in  evidence at the trial in London speak those word in the declaration and so  justify Yelverton and coke attorney general be of counsel for the defendant  the court resolve that the justification be good for a counsellor in law  retain have a privilege to enforce any thing which be inform he by his client  and to give it in evidence it be pertinent to the matter in question and not  to examine whether it be true or false but it be at the peril of he who inform  it for a counsellor be at his peril to give in evidence that which his client  inform he be pertinent to the matter in question otherwise action upon the  case lie against he by his client as Popham say but matter not pertinent to  the issue or the matter in question he need not to deliver for he be to  discern in his discretion what he be to deliver and what not and although it  be false he be excusable be pertinent to the matter but if he give in evidence  any thing not material to the issue which be croak James er p scandalous he  ought to aver it to be true otherwise he be punishable for it shall be intend  as speak malicious and without cause which be a good ground for a action so if  a counsellor object matter against a witness which be slanderous if there be  cause to discredit croak throw his testimony and it be pertinent to the matter  in question it be justifiable what he deliver by information although it be  false so here it be material evidence to prove he a person fit to be bind to  his good behaviour and in maintenance of the first verdict therefore his  justification good coke cite a case where parson prick in a sermon recite a  story out of fox martyrology that one greenwood be a perjure person and a  great persecutor have great plague inflict upon he and be kill by the hand of  God whereas in truth be never be so plague and be himself present at that  sermon and he thereupon bring he S action upon the case for call he a perjure  person and the defendant plead not guilty and this matter be disclose upon the  evidence Wray chief justice deliver the law to the jury that it be deliver but  as a story and not with any malice or intention to slander any he be not  guilty of the word malicious and so be find not guilty Henry pl Henry pl and  Popham affirm it to be good law when he deliver matter after his occasion as  matter of story and not with any intent to slander any wherefore for these  reason it be adjudge for the defendant