comminatory

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In law, a comminatory is a clause inserted into a law, edict, patent, etc, describing a punishment that is to be imposed on delinquents, which, however, is not in practice executed with the rigor that is conveyed in the description, or not even executed at all.

Thus, in some countries, when an exile is enjoined not to return on pain of death, it is deemed a comminatory penalty, since, if he did return, it is not strictly executed, but instead the same threat is laid on him again, which is more than comminatory.

This article incorporates content from the 1728 Cyclopaedia, a publication in the public domain.

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