stipulatio Latin · revision 36669

+ {{infobox|confidence=probable|formation=derivation|attested=116–27 BC, Varro|origins=la stipula}}

+

+ ==Forms==

+ '''stipulātiō''' ''f'' (genitive stipulātiōnis); third declension^(Wiktionary)

+

+ ==Etymology==

+ It is [[af|la|stipulor|-tiō|t1=to exact a formal promise]].^(OLD 2012)^(Wiktionary) The OLD takes that verb apparently from [[m|la|stipula|t=straw]], perhaps after a symbolic breaking of straws.^(OLD 2012) De Vaan agrees that the verb comes from the word for straw and first meant “to draw or cut straws”; since [[xum|stiplatu]] has the legal sense already, the shift must be old.^(de Vaan 2008) He sets the straw word beside [[m|la|stips|t=small coin, alms]], perhaps from [[ine-pro|*stip-|t=stalk]].^(de Vaan 2008)

+

+ Ancient writers gave both explanations: Isidore says that people making a promise broke a straw and later joined the pieces to recognise it,^(Isidore) while Varro connects the verb with the word for coins.^(Varro)

+

+ ==Earliest recorded meaning==

+ It is a term of Roman law found from Varro and Cicero on.^(Köbler 2010)^(Lewis & Short 1879) Cicero uses it in the ''De oratore'' beside ''pacta'' and ''conventa'', agreements and covenants.^(Lewis & Short 1879)

+

+ ==Semantic evolution==

+ In Roman law it was the formal oral contract: one party asked a set question (''spondēsne?'', “do you promise?”) and the other bound himself by answering (''spondeō'').^(OLD 2012)^(Georges 1913) It named both the demand and the contract so made,^(OLD 2012) and the jurists define it as words by which the person asked answers that he will give or do what he was asked.^(Lewis & Short 1879) The term runs through Gaius, the ''Digest'' and Justinian's ''Institutes''.^(Lewis & Short 1879) The Pompeian tablets have a ''stipulātiō argentāria'' between the holder of an auction and the auctioneer.^(Georges 1913)

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+ Medieval charters repeated the Roman formula without a clear sense, or used the word for the validation of a document by signing or touching it.^(Niermeyer 1976) British sources use it for a solemn promise or covenant,^(DMLBS) and since 1420 also for thatching, a new sense taken from [[stipula]] “straw”.^(DMLBS)^(Köbler 2010)

+

+ ==Timeline==

+ * 116–27 BC – Varro uses the word.^(Köbler 2010)

+ * 81–43 BC – Cicero names stipulations among legal matters.^(Lewis & Short 1879)^(Köbler 2010)

+ * 140–180 AD – Gaius treats it in his ''Institutes''.^(Lewis & Short 1879)^(Köbler 2010)

+ * c. 1159 – John of Salisbury uses it of a solemn promise.^(DMLBS)

+ * 1420 – Churchwardens' accounts in Bath use it for thatching.^(DMLBS)

+

+ ==Meanings==

+ ===Noun===

+ # ''(law)'' A formal [[m|en|stipulation]]: the demand for a promise by a set question, or the contract made by the answer; an engagement, [[m|en|covenant]].^(OLD 2012)^(Lewis & Short 1879)

+ # ''(Medieval Latin)'' The validation of a document by signing or touching it.^(Niermeyer 1976)

+ # ''(Medieval Latin)'' A solemn promise or vow.^(DMLBS)

+ # ''(Medieval Latin)'' [[m|en|thatching|alt=Thatching]].^(DMLBS)

+

+ ==Word family==

+ * [[stipulātiuncula]]

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+ ==Usage notes==

+ English ''stipulate'' (1620s) is a back-formation from ''stipulation'' or comes from the participle of [[stipulor]].^(Etymonline)

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+ ==References==

+ {{reflist}}