Scottish National Dictionary (1700–)
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First published 1968 (SND Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.
Quotation dates: 1754-1838, 1898
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†PALINODE, n. Sc. Law usage: a formal retraction or recantation of a defamatory statement which a pursuer could formerly demand of the defender as part of the damages in a libel action (Sc. 1946 A. D. Gibb Legal Terms 62). Also more gen., an apology, withdrawal.Sc. 1754 Session Papers, Taylor v. Wright (11 Feb. 1768) 7:
As to the palinode he was willing to enact himself to obtemper the decreet as to it.Sc. 1766 Session Papers, Gray v. Cranston (30 Jan.) 11:
The petitioner insists for a palinode in the publick news papers, in order to wipe off the unjust reproach with which he says he had been loaded.Sc. 1773 Erskine Institute iv. iv. § 81. (c):
Since the abolition of the separate Commissary Courts, . . . it is not usual to combine civil and penal conclusions or to ask for a palinode.Sc. 1814 Scott Waverley xiv.:
Balmawhapple could not, by the code of honour, evite giving satisfaction to both . . . by such a palinode as rendered the use of the sword unnecessary.Sc. 1823 Session Cases 396:
Cooper pursued Roger before the Commissary of Aberdeen, for defamation, concluding for a palinode, damages, and fine to the procurator-fiscal. The Commissary having allowed a proof, granted the palinode, and found Roger liable in damages.Sc. 1838 Bell Dict. Law Scot. 698:
In actions for damages on account of slander or defamation raised in the Commissary Court . . . it was formerly the practice to conclude not only for damages, expenses, and a fine, but also for a judicial recantation or palinode by the defender.Sc. 1898 Stevenson St. Ives xiii.:
I insisted upon shaking hands with the Major . . . and abounded in palinodes and apologies.
