Legal Definitions - in poenam

in poenam is a Latin phrase historically used in legal contexts to mean "as a penalty" or "as a punishment." It refers to an action, consequence, or forfeiture imposed specifically for the purpose of penalizing or punishing an offense, a failure to comply, or a transgression.

Here are some examples illustrating the application of in poenam:

• Imagine a historical decree from a monarch stating that if a noble fails to provide the required number of soldiers for the royal army, a significant portion of their annual tax revenue will be confiscated in poenam for their dereliction of duty. This confiscation is not a standard tax but a direct punishment for the noble's failure to meet their military obligation.

  Explanation: The confiscation of tax revenue is imposed specifically as a penalty for the noble's failure to supply soldiers, directly illustrating the "as a penalty" meaning of in poenam.

• Consider an ancient contractual agreement between a merchant and a supplier. A clause might stipulate that if the merchant fails to pay for goods within a specified timeframe, they must forfeit a certain amount of their collateral (e.g., a portion of their inventory) in poenam for the late payment. This forfeiture is a consequence designed to punish the breach of the payment terms.

  Explanation: The forfeiture of inventory is a direct punishment for the merchant's failure to pay on time, demonstrating how something is exacted "as a punishment" for a contractual breach.

• In a historical legal system, if a town was found to have repeatedly ignored royal mandates regarding public sanitation, a special, burdensome levy might be imposed on its citizens in poenam for their persistent non-compliance. This additional tax is not part of the regular taxation but a punitive measure.

  Explanation: The special, burdensome levy is imposed specifically as a penalty for the town's repeated failure to adhere to public sanitation mandates, clearly showing its application "as a penalty."