Editing Privilege of peerage (section)

== ''Scandalum magnatum'' ==
[[File:Microcosm of London Plate 052 - House of Lords edited.jpg|thumb|The House of Lords, {{circa}} 1810]]

At one time, the honour of peers was especially protected by the law; while defamation of a commoner was known as [[slander and libel|libel or slander]], the defamation of a peer (or of a [[Great Officer of State]]) was called ''scandalum magnatum''. 
Eighteenth-century jurist Sir [[William Blackstone]] opined:

{{quote|The honour of peers is so highly tendered by the law, that it is much more penal to spread false reports of them, and certain other great officers of the realm, than of other men; scandal against them being called by the peculiar name of {{lang|la|scandalum magnatum}}, and subject to peculiar punishments by divers ancient statutes.<ref>{{cite book|title=A Genealogical and Heraldic Dictionary of the Peerage and Baronetage of the British Empire|first1=Bernard|last1=Burke|author1-link=Bernard Burke|volume=1|year=1860|page=xiv}}</ref>}}

{{anchor|Scandalum Magnatum Act 1378}}
The [[Statute of Westminster 1275|Statute of Westminster of 1275]] provided that "from henceforth none be so hardy to tell or publish any false News or Tales, whereby discord, or occasion of discord or slander may grow between the King and his People, or the Great Men of the Realm."<ref>3 Edw. 1, Stat. Westm. prim. c. 34 quoted in [https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/904/index.do ''R. v. Zündel''], (1992) 2 S.C.R. 731. University of Montreal, Judgements of the Supreme Court of Canada. Retrieved on 2007-10-19; and in Pike, [https://archive.org/details/aconstitutional00pikegoog/page/n301/mode/2up?view=theater p.265]</ref> {{lang|la|Scandalum magnatum}} was punishable under the aforesaid statute as well as under further laws passed during the reign of [[Richard II of England|Richard II]].<ref>2 Ric. 2, st. I c. 5 of 1378 and 12 Ric. 2, c. 11 of 1388 quoted in [https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/904/index.do ''R. v. Zündel''], (1992) 2 S.C.R. 731. University of Montreal, Judgements of the Supreme Court of Canada. Retrieved on 2007-10-19; and in Pike, [https://archive.org/details/aconstitutional00pikegoog/page/n301/mode/2up?view=theater p.265]</ref> {{lang|la|Scandalum magnatum}} was both a tort and a criminal offence. The prohibition on {{lang|la|scandalum magnatum}} was first enforced by the [[Curia regis|King's Council]]. During the reign of [[Henry VII of England|Henry VII]], the [[Star Chamber]], a court formerly reserved for trial of serious offences such as rioting, assumed jurisdiction over {{lang|la|scandalum magnatum}} cases, as well as libel and slander. The court, which sat without a jury and in secret, was often used as a political weapon and a device of royal tyranny, leading to its abolition in 1641; its functions in respect of defamation cases passed to the common law courts. However, the number of cases had already dwindled as the laws of libel, slander and contempt of court developed in its place. In the reign of [[Charles II of England|Charles II]], {{lang|la|scandalum magnatum}} came briefly back into fashion; it was used by the future [[James II of England|James II]]<!--not VII in this context--> against [[Titus Oates]], by [[Charles Gerard, 1st Earl of Macclesfield|Lord Gerard]] against his cousin [[Alexander Fitton]], and by the [[Henry Somerset, 1st Duke of Beaufort|Duke of Beaufort]] against [[John Arnold of Monmouthshire|John Arnold]]. By the end of the 18th century, however, {{lang|la|scandalum magnatum}} was obsolete. This specific category of the offence of defamation was finally repealed by the [[Statute Law Revision Act 1887]].<ref>Statute Law Revision Act, 1887 (U.K.), 50 and 51 Vict., c. 59 quoted in [https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/904/index.do ''R. v. Zündel''], (1992) 2 S.C.R. 731. University of Montreal, Judgements of the Supreme Court of Canada. Retrieved on 2007-10-19; and in Pike, [https://archive.org/details/aconstitutional00pikegoog/page/n303/mode/2up?view=theater p.266]</ref>