Legal Definitions - leges sacratae

Leges sacratae were a unique category of ancient Roman laws that carried exceptionally severe religious penalties for their violation. If someone broke a lex sacrata, they were declared sacer, meaning they were consecrated or dedicated to the infernal (underworld) gods. This status often implied that the offender could be killed by anyone without legal repercussions, and their property might be confiscated and similarly dedicated to the gods. These laws were typically established to protect fundamental rights, institutions, or individuals deemed sacred, and their extreme nature was intended to deter violations through fear of divine wrath and social ostracism.

• Protection of the Tribunes of the Plebs: One of the most famous examples involved the protection of the Tribunes of the Plebs, officials elected to represent the common people. A lex sacrata declared the person of the Tribune inviolable (sacrosanct). If any individual physically harmed a Tribune or obstructed them in their official duties, that person would be declared sacer. This meant they were considered dedicated to the underworld gods, and any citizen could kill them without facing legal punishment. This powerful deterrent ensured the Tribunes could perform their duties without fear of aristocratic violence, thereby safeguarding the rights of the plebeians.

• Violation of Public Oaths or Treaties: In Roman society, oaths and treaties were often made in the presence of gods, making their violation a grave religious offense. If a Roman general or official, acting on behalf of the state, swore a solemn oath or entered into a treaty and then deliberately broke its terms, a lex sacrata could declare them sacer. This meant they were considered to have offended the gods, and their life and property could be forfeited, potentially to appease the angered deities and restore the state's standing. This served as a powerful religious and legal deterrent against treachery or breaking solemn agreements, emphasizing the divine consequences of such actions.

• Desecration of Sacred Boundaries or Property: Ancient Rome had numerous sacred spaces, boundaries, and properties dedicated to specific deities. Imagine a lex sacrata that protected the pomerium, the sacred boundary around the city of Rome, or specific altars and temples. If someone intentionally defiled a temple or moved a sacred boundary stone (a terminus) that was protected by such a law, they could be declared sacer. This would mean they were considered an affront to the gods, and their life or property could be taken without legal penalty, effectively making them an outlaw in the eyes of both divine and human law for violating a sacred trust.