SCANDAL (scandalum magnatum, slander of great men). By the statute 2 It. II., c. 5, confirmed 12 It. II., c. 11, as to " devisers of false news and tellers of horrible and false lies of prelates, &c.," it was enacted that none devise or speak false news, lies, or other such false things of the prelates, nobles, and great men of the realm. By the same statute the tellers of such lies were liable, as by the statute of Westminster the first, to be imprisoned till they discovered the authors of them. No statutory punishment was provided against the authors, perhaps because they were liable at common law to fine and imprison ment. Upon this statute is founded the action of scandalum magnatum, which is now fallen into disuse, and superseded by the common action of libel and by the criminal information. It lies at the suit of any nobleman, though of a dignity created since the date of the statute, of the judges, and of other great officers of the realm. It has been held that the action may be brought not only for such words as are action able in ordinary cases, but even which are not certain enough to maintain an action againat a common person,as where one said," My lord has no more conscience than a dog.'
• The object of the statute originally, though afterwards it appears to have been applied in private cases, was wholly of a political character. The mischief recited is that "debates and discords might arise betwixt the said lords, or between the lords and the commons, which God forbid, whereof great peril and mischief might come to all the realm, and quick subversion and destruction of the aforesaid realm." The statute of Westminster, 3 Edw., c. 33, referred to, is also directed to cure the same mischiefs, the discord and scandal that might arise between the king and his people, or the great men of the realm.
The term scandalous is applied to matter in a bill or answer in chancery which reflects on the character of a defendant or plaintiff, and is at the same time irrelevant. Such matter will be struck out on exceptions being taken to it and allowed.
(2 Inst., 225; Com., Dig., tit. 'Action on the case for Defamation;' B., Libel, C. 5.)