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Sacramentum (oath) ：ウィキペディア英語版

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.〔Jörg Rüpke, ''Domi Militiae: Die religiöse Konstruktion des Krieges in Rom'' (Franz Steiner, 1990), pp. 76–80.〕 ''Sacramentum'' also referred to a thing that was pledged as a sacred bond, and consequently forfeit if the oath were violated.〔D. Briquel "Sur les aspects militaires du dieu ombrien Fisus Sancius" in ''Revue de l' histoire des religions'' i p. 150-151; J. A. C. Thomas ''A Textbook of Roman law'' Amsterdam 1976 p. 74 and 105.〕 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.〔Arnaldo Momigliano, ''Quinto contributo alla storia degli studi classici e del mondo antico'' (Storia e letteratura, 1975), vol. 2, pp. 975–977; Luca Grillo, ''The Art of Caesar's Bellum Civile: Literature, Ideology, and Community'' (Cambridge University Press, 2012), p. 60.〕
''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.〔Apuleius, ''Metamorphoses'' 11.15.5; Robert Schilling, "The Decline and Survival of Roman Religion," in ''Roman and European Mythologies'' (University of Chicago Press, 1992, from the French edition of 1981)〕
==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〔Varro ''De Lingua latina'' V 180; Festus s.v. ''sacramentum'' p. 466 L; 511 L; Paulus Festi Epitome p.467 L.〕 to affirm that both parties to the litigation were acting in good faith.〔George Mousourakis, ''A Legal History of Rome'' (Routledge, 2007), p. 33.〕 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.〔Mousourakis, ''A Legal History of Rome'', pp. 33, 206.〕

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