thouſand ſeſterces, or about 80l. of Englifh money[1]. And, in order to encourage due freedom of ſpeech in the lawful defence of their clients, and at the ſame time to give a check to the unſeemly licentiouſneſs of proſtitute and illiberal men (a few of whom may ſometimes inſinuate themſelves even into the moſt honourable profeſſions) it hath been holden that a counſel is not anſwerable for any matter by him ſpoken, relative to the cauſe in hand, and ſuggeſted in his client's instructions; although it ſhould reflect upon the reputation of another, and even prove abſolutely groundleſs: but if he mentions an untruth of his own invention, or even upon inſtructions if it be impertinent to the cauſe in hand, he is then liable to an action from the party injured[2]. And counſel guilty of deceit or colluſion are puniſhable by the ſtatute Weſtm. 1. 3 Edw. I. c. 28. with impriſonment for a year and a day, and perpetual ſilence in the courts: a puniſhment ſtill ſometimes inflicted for groſs miſdemefnors in practice[3].
f Tac. ann. l. 11. g Cro. Ja-c. 90. h Raym. 376.
