Sacramentum: On the Legal Meaning of the Term as Used in the Letters of Pliny the Younger

Abstract

The article is a scientific and research paper. The subject of research is letters exchanged between Pliny the Younger and Emperor Trajan, whereas the discussion addresses some aspects of the legal meaning of the term sacramentum. To expound the problem conclusively, the etymology of the term was explained, and next, sacramentum was discussed as a terminius technicus to denote an action by wager and a military oath. The use of the concept in the letters of Pliny the Younger and in the legislation of the Late Roman Empire was highlighted. In conclusion, the Latin term sacramentum was confirmed to have had both a religious and a legal connotation. In the juridical sense, sacramentum meant an action by wager known from the civil proceedings of legis actio sacramento. But it received yet another meaning for the purposes of military discipline – it was a name of a military oath. These conclusions contribute to the scientific aspect of the problem and demonstrate the originality of the research. They have an international significance as Roman law is a discipline studied across the globe.