Blacks Law Dict. 1st ed

1057

SAFEGUARD

SACRAMENTUM

SACRAMENTUM. Lat. In Roman law. An oath, as being a very sacred thing; more particularly, the oath taken by soldiers to be true to their geneial and their coun try. Ainsw. Lex. In one of the formal methods of begin ning an action at law (legis actiones) known to the early Roman jurisprudence, the sac ramentum was a sum of money deposited in court by each of the litigating parties, as a kind of wager or forfeit, to abide the re sult of the suit. The successful party re ceived back his stake; the losing party for feited his, and it was paid into the public treasury, to be expended for sacred objects, (in sacris rebus,) whence the name. See Mackeld. Rom. Law, § 203. In common law. An oath. Cowell. SACRAMENTUM DECISIONIS. The voluntary or decisive oath of the civil law, where one of the parties to a suit, not being able to prove his case, offers to refer the decision of the cause to the oath of his adveisary, who is bound to accept or make the same offer on his part, or the whole is considered as confessed by him. 3 Bl. Comm. 342. SACRAMENTUM FIDELITATIS. In old English law. The oath of fealty. Reg. Orig. 303. Sacramentum habet in se tres oo mites,—veritatem, justitiam, et judieium; veritas habenda est in jurato; justitia et justicium in judice. An oath has m it three component parts,—truth, justice, and judgment; truth in the party swearing; jus tice and judgment in the judge administer ing the oath. 3 Inst. 160. Sacramentum si fatuum fuerit, licet falsum, tamen non committit perjurium. 2 Inst. 167. A foolish oath, though false, makes not perjury. SACRILEGE. In English criminal law. Larceny from a chuich. 4 Steph. Comm 164. The crime of breaking a chuich or chapel, and stealing theiein. 1 Russ. Crimes, 843. In old English law. The desecration of anything considered holy; the alienation to lay-men or to profane or common purposes of what was given to religious persons and to pious uses. Cowell. SACRILEGIUM. In the civil law. The stealing of sacred things, or things dedicated to sacred uses; the taking of things out of a holy place. Calvin. AM.DICT.LAW—67

SACRILEGUS. In the civil and com mon law. A sacrilegious person; one guilty of sacrilege. Saerilegus omnium preedonum cupi ditatem et scelera superat. 4 Coke, 106. A sacrilegious person transcends the cupidity and wickedness of all other robbers. SACRISTAN. A sexton, anciently called "sagerson," or " sagiston ;" thekeepei of things belonging to divine worship. SADBERGE. A denomination of part of the county palatine of Durham. Wharton. SJEMEND. In old English law. An umpire, or arbitrator. Ssepe constitutum est, res inter alios judicatas aliis non prsejudicare. It has often been settled that matters adjudged be tween others ought not to prejudice those who were not parties. Dig. 42, 1, 63. Ssepe viatorem nova, non vetus, orbita fallit. 4 Inst. 34. A new road, not an old one, often deceives the traveler. Ssepenumero ubi proprietas verborum attenditur, sensus veritatis amittitur. Oftentimes where the propriety of words is attended to, the true sense is lost. Branch, Princ; 7 Coke, 27. SiEVITIA. Lat. In the law of divorce. Cruelty; anything which tends to bodily harm, and in that manner renders cohabita tion unsafe. 1 Hagg. Const. 458. SAFE-CONDUCT. A guaranty or se curity granted by the king under the great seal to a stranger, for his safe coming into and passing out of the kingdom. Cowell. One of the papers usually carried by ves sels in time of war, and necessary to the safety of neutral merchantmen. It is in the nature of a license to the vessel to proceed on a designated voyage, and commonly contains the name of the master, the name, descrip tion, and nationality of the ship, the voyage intended, and other matters. SAFE-PLEDGE. A surety given that a man shall appear upon a certain day. Bract. 1. 4, c. 1. SAFEGUARD. In old English law. A special privilege or license, in the form of a writ, under the great seal, granted to stran geis seeking their right by course of law within the king's dominions, and apprehend ing violence or injury to their persona or propei ty from others. Reg. Orig. 26.

Archive CD Books USA