Sacramentum (oath)

In ancient Roman religion and law, the ''sacramentum'' was an oath or vow that rendered the swearer ''sacer,'' "given to the gods," in the negative sense if he violated it. ''Sacramentum'' also referred to a thing that was pledged as a sacred bond, and consequently forfeit if the oath were violated. Both instances imply an underlying ''sacratio'', act of consecration.

The ''sacramentum'' differs from ''iusiurandum'', which is more common in legal application, as for instance swearing an oath in court. A ''sacramentum'' establishes a direct relation between the person swearing (or the thing pledged in the swearing of the oath) and the gods; the ''iusiurandum'' is an oath of good faith within the human community that is in accordance with ''ius'' as witnessed by the gods.

''Sacramentum'' is the origin of the English word "sacrament", a transition in meaning pointed to by Apuleius's use of the word to refer to religious initiation.

Legal usage

In Roman law, a thing given as a pledge or bond was a ''sacramentum''. The ''sacramentum legis actio'' was a sum of money deposited in a legal procedure to affirm that both parties to the litigation were acting in good faith. If correct law and procedures had been followed, it could be assumed that the outcome was ''iustum'', right or valid. The losing side had thus in effect committed perjury, and forfeited his ''sacramentum'' as a form of '' piaculum'', an expiatory sacrifice; the winner got his deposit back. The forfeited ''sacramentum'' was normally allotted by the state to the funding of '' sacra publica'', public religious rites.

Military oath

The ''sacramentum militare'' (also as ''militum'' or ''militiae'') was the oath taken by soldiers in pledging their loyalty to the consul in the Republican era or later to the emperor. The ''sacramentum'' as pertaining to both the law and the military indicates the religious basis for these institutions.

The text of the oath was recorded by Vegetius:
:''Iurant autem milites omnia se strenue facturos quae praeceperit imperator, numquam deserturos militiam nec mortem recusaturos pro Romana republica''!
:("But the soldiers swear that they shall faithfully execute all that the Emperor commands, that they shall never desert the service, and that they shall not seek to avoid death for the Roman republic!")

The ''sacramentum'' that renders the soldier ''sacer'' helps explain why he was subjected to harsher penalties, such as execution and corporal punishment, that were considered inappropriate for civilian citizens, at least under the Republic. In effect, he had put his life on deposit, a condition also of the fearsome ''sacramentum'' sworn by gladiators. In the rare case of punishment by decimation, the surviving legionaries were often required to renew their oath, affirming the role of state '' religio'' as the foundation of Roman military discipline.

By the 3rd century the ''sacramentum'' was administered annually, on January 3, as attested by the calendar of state ritual discovered at Dura-Europos, the so-called '' Feriale Duranum'', which dates to the reign of Severus Alexander (222-235 AD). In the later empire, the oath of loyalty created conflict for Christians serving in the military, and produced a number of soldier-martyrs. Tertullian condemned any Christian soldier's willingness to swear the ''sacramentum'', since baptism was the only sacrament a Christian should observe.Tertullian, ''De corona'', as noted by Paul Stephenson, ''Constantine, Roman Emperor, Christian Victor'', 2010:58.

References

{{DEFAULTSORT:Sacramentum (Oath)
Military history of ancient Rome
Military oaths