A History of Continental Criminal Law

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V. "Respons" (Niort, 1882). — Transl. ] 22 [Otherwise "metalli eoercitio" or "damnatio ad metalla" : con- demnation to hard labor in the mines ("Digesto Italiano", XVIII ; I, p. 1442). This under the Empire "was regarded as the heaviest punish- ment after that of death, and, as in the case of the latter, was preceded by scourging. It carried with, it the loss of Uberty and necessarily of property and other rights. " {Mommsen, "Römisches Strafrecht", pp. 949, 950. ) "Damnatio ad opus metalli" wa...s a distinct punishment of a somewhat milder character. {Ibid. , p. 951. ) — Traxsl. ] "^^ Guyot, "Repertoire", s. V. "Mort civile. " 2* Jousse, "Justice criminelle", pp. 85 et seq.
25 Numerous controversies, tending in effect to a mitigation of these rules, are here mentioned by Jousse.
272 Chapter X] FRAXCE, FROM THE 1500 S TO THE REVOLUTION [§ 59d capital punishment does not clearly appear. The earhest Ordi- nance, in which it is mentioned, couples it with transportation. -^ All persons sentenced to banishment from the kingdom and to civil death are to be transported to Corsica, ^' and there held in confinement.


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