Jeff Manza and Christopher Uggen (2008) explain that "civil death" (Latin: civiliter
mortuus) and contemporary modern day variants of disenfranchisement laws are rooted in medieval Europe, evolving from ancient Greece's atimia and ancient Rome's infamia (Stanley & Weaver, 2014; Levine, 2009).
(143) The common law form of civil death was "attainder"; Lord Coke called the "attainted" offender "civiliter
mortuus" (144) (civilly dead) and Blackstone called him "dead in law." (145) Attainder had three principal incidents: forfeiture (the offender lost his property), "corruption of blood" (which meant among other things that the offender could not give or receive inheritance), and the extinction of most or all of the offender's civil rights (including rights incident to having a legally recognized identity, like the right to sue or serve as a witness).
Quiring also speaks of the idea of the civiliter
mortuus, which is the consequence of the delinquent's condemnation.
(16) As a legal form, CCs bear some resemblance to the ancient institution of "civil death." (17) This was the mechanism by which a person convicted of crime was deemed civiliter
mortuus--civilly dead, or stripped of all legal and natural rights.
XLI, 2, 24, Iavolenus libro XIV Epistolarum: et peculium, quod servus civiliter
quidem possidere non posset, sed naturaliter tenet, dominus creditur possidere, (y puesto que el peculio no puede ser poseido civilmente por el esclavo, pero puede tener la posesion natural, se cree que lo posee civilmente su dueno).
CONGREGATIO PRO DOCTRINA FIDEI, Litterae respicientes matrimonii indissolubilitatem necnon disceptationem de divortio separatis novas nuptias civiliter
ineuntibus ad Fxc.mum Admnistratorem Apostolicum dioecesis Friburgensis a Cardinali Praefecto Congregationis pro Doctrinae Fidei missae, 2TX-2013, Communicationes XLV (2013) 321-323.
In the United States, as recently as the early 1900s, married women were deemed to have lost their legal personhood through civiliter
mortua or "civil death" occasioned by the legal union with their husband.
legem positus, and is accounted in law civiliter
mortuus," or, as
VI, 2: "Eterni pia providentia Regis, qui dum celestia sua bonitate perpetua infera nostra despiciendo non deserit, sacrosancto Romanorum Imperio res humanas disposuit gubernandas, ut sub tanti serenitate presidii genus mortale quiesceret, et ubique, natura poscente, civiliter
Every person so attained was 'disabled to bring any action; for he is extra legem positus and is accounted in law civiliter