Legal Definitions - sacramento

In ancient Roman law, a sacramento was a foundational type of legal action used to resolve disputes. It represented one of the earliest forms of civil procedure. At the very beginning of a case, both parties involved in the disagreement were required to deposit or provide security for a specific sum of money, which was itself called the sacramentum. The unique characteristic of this procedure was that the party who ultimately lost the case would forfeit their deposited sum to the public treasury, rather than directly to the winning party. The winning party would have their deposit returned.

Here are some examples illustrating how a sacramento action might have been used:

• Property Ownership Dispute: Imagine two Roman citizens, Aulus and Balbus, both claiming legitimate ownership of the same valuable piece of farmland. To settle this dispute through a sacramento action, both Aulus and Balbus would each deposit a predetermined sum of money with the court. After presenting their arguments and evidence, if the judge ruled that Aulus was the rightful owner, Balbus would not only lose his claim to the land but would also forfeit his deposited sacramentum to the Roman state. Aulus would have his initial deposit returned to him.

• Dispute Over a Debt or Obligation: Consider a scenario where a merchant, Cassius, claims that another individual, Drusus, owes him a significant amount of goods or money based on an agreement, while Drusus vehemently denies the obligation. To initiate a legal process using the sacramento, both Cassius and Drusus would each provide a sum of money as security. If the court found in favor of Cassius, confirming Drusus's debt, Drusus would then be required to fulfill his original obligation *and* forfeit his deposited sacramentum to the public treasury. Cassius would recover his initial deposit.

• Claim of Damage or Injury: Suppose a farmer, Quintus, accuses his neighbor, Rufus, of allowing his herd of goats to trespass onto Quintus's vineyard, causing extensive damage to his grapevines. Rufus, however, insists his goats were securely penned. To resolve this through a sacramento action, both Quintus and Rufus would each deposit a sum. If the court determined that Rufus's negligence led to the damage, Rufus would not only be held responsible for compensating Quintus for the damaged crops but would also lose his deposited sacramentum to the public. Quintus would receive his deposit back.