The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Legal Definitions - sacramentalis

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Definition of sacramentalis

A sacramentalis (plural: sacramentales) was a historical legal term referring to an individual who would take an oath to support the innocence of a defendant in a legal proceeding. In certain ancient and medieval legal systems, a defendant could prove their innocence not just through direct evidence, but also by gathering a specific number of people (the sacramentales) who would swear under oath that they believed the defendant was telling the truth or was innocent of the charges. This practice, known as compurgation, relied on the community's belief in the defendant's character and the solemnity of the oath.

  • Example 1: Accusation of theft in a medieval village

    Imagine a farmer named Elara, accused of stealing a neighbor's pig. Lacking direct evidence to prove her whereabouts or actions at the time of the alleged theft, Elara brings forward three respected members of her community – a local miller, a blacksmith, and a priest. Each of these individuals swears an oath before the court, not to provide an alibi, but to affirm their belief that Elara is an honest person and incapable of such a crime.

    Explanation: In this scenario, the miller, blacksmith, and priest act as sacramentales. They are not testifying to specific facts about the pig's disappearance, but rather using their sworn testimony to vouch for Elara's good character and, by extension, her innocence, which was a valid form of defense in that historical context.

  • Example 2: A dispute over a contract in an early common law court

    Consider a merchant named Thomas, who is sued by a customer, Robert, for allegedly failing to deliver goods as promised. Thomas insists he fulfilled his part of the agreement. To counter Robert's claim, Thomas presents five of his business associates and employees. Each of these individuals takes an oath, not to confirm the specific delivery details (which they might not have witnessed), but to affirm their belief in Thomas's integrity and his reputation for always honoring his contracts.

    Explanation: Here, the five associates serve as sacramentales. They are lending their sworn credibility to Thomas's defense by attesting to his general trustworthiness and good business practices, which was considered a legitimate way to support a defendant's claim in such historical legal disputes.

  • Example 3: A charge of slander in a community court

    Suppose Lady Beatrice is accused by a rival, Sir Reginald, of spreading malicious rumors about his family. Lady Beatrice vehemently denies the accusation. To clear her name, Lady Beatrice calls upon several prominent women from her social circle and household staff. These women individually swear oaths that they have never heard Lady Beatrice speak ill of Sir Reginald's family and that they know her to be a woman of honorable speech and truthfulness.

    Explanation: These women function as sacramentales. They are providing sworn character testimony that supports Lady Beatrice's denial, thereby contributing to her defense based on her perceived good character and truthfulness within the community, rather than directly refuting the specific slanderous statements.

Simple Definition

Historically, a "sacramentalis" was an individual who took an oath in court to swear to a defendant's innocence. These individuals, also known as compurgators, essentially vouched for the defendant's credibility and character.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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