[a. L. stipulātiōn-em, agent-n. f. stipulārī: see STIPULATE v. and -ATION. Cf. F. stipulation, Sp. estipulacion, It. stipulazione.] The action or an act of stipulating, in various senses of the verb.
† 1. An engagement or undertaking to do something. Obs.
1552. Huloet, Stipulation, bonde, bargayne, obligation, or promise to do, perfourme, & satisfye yt thinge for the whyche suche stipulation or bond is made, whether it be for paiment of any summe of mony, or other act to be performed,… stipulatio.
1560. Daus, trans. Sleidane’s Comm., 264 b. The Emperour pardoned them al, taking stipulation of them, that they should no more weare armure against him [L. accepta fide ne etc.].
1597. Hooker, Eccl. Pol., V. § 64. 156. Because the answere which they make to the vsuall demaunds of stipulation proposed in baptisme is not their owne.
a. 1619. Sylvester, Honour’s Farew., 127. Wks. (Grosart), II. 288. To trust our Soule with such whose Stipulation Cannot repaire, cannot reprive, Damnation.
1624. Donne, Serm., xliii. (1640), 427. Thou art bound to live according to that stipulation and contract, made in thy behalfe, at thy receiving of that Sacrament [of Baptism].
1660. R. Coke, Justice Vind., 2. A Contract is the mutual stipulation of two or more, that they will do or give.
1674. Owen, Holy Spirit (1693), 94. The stipulation of Obedience on our part is consequential thereupon.
1719. W. Wood, Surv. Trade, 294. We can have no Security that the Subjects of those Nations shall not clandestinely Trade to the South-Seas, notwithstanding such Stipulation to the contrary, if they find any Advantage therein.
† 2. A contract, agreement, treaty. Obs.
1649. Milton, Tenure Kings, 28. All which … bore witness that regal power was nothing else but a mutuall Covenant or stipulation between King and people.
1681–6. J. Scott, Chr. Life, II. vii. § 9. Wks. 1718, I. 444. That which unites them is … their being obliged together under the same Laws and Stipulations.
1711. Swift, Cond. Allies, 33. Which is the only Article that I can call to mind, in all our Treaties or Stipulations, with any view of Interest to this Kingdom. Ibid., 47. The Emperor … was by Stipulation to furnish Ninety thousand Men against the Common Enemy.
1818. Cruise, Digest (ed. 2), III. 24. He doubted … whether a covenant, that the mortgagee should present … was not void; being a stipulation for something more than the principal and interest.
b. Roman Law. The action of making a contract or agreement in the verbal forms legally binding; a contract or agreement so made.
a. 1623. Swinburne, Spousals (1686), 6. Concerning the Form, so precise were the ancient Romans in the observation thereof, that they did not for a long time admit any other manner of contracting Spousals, but by stipulation.
1681. Stair, Inst. Law Scot., X. viii. 116. Instead of the remeids of Stipulation, the inconveniences that rejected naked Paction among the Romans, are remeided with us by this means.
1837–9. Hallam, Hist. Lit., II. II. iv. § 82. He dwells on the folly of keeping up the old forms of stipulation in contracts.
1871. Poste, Gaius, 311. The dumb cannot stipulate or promise, nor can the deaf, for the promisee in stipulation must hear the answer, and the promisor must hear the question.
1880. W. A. Hunter, Introd. Roman Law, 101. Although the validity of a stipulation depended upon its being made orally, there was nothing to prevent, and much to recommend, the practice of recording the terms of the stipulation in writing.
3. a. A giving security for the performance of an undertaking. (Cf. STIPULATE v. 5 b.)
Now only in the language of the Admiralty Courts, after quot. 1648.
1648. Coke, Instit., IV. xxii. 135. Whereas time out of minde the Admirall Court hath used to take stipulations for appearance and performance of the Acts and Judgements of the same Court: It is now affirmed … that [etc.].
1768. Blackstone, Comm., III. vii. 108. These courts [of Admiralty] … also take recognizances or stipulation of certain fidejussors in the nature of bail.
† b. The action of giving security for an assertion; asseveration, assurance. Obs.
1720. Wodrow, Corr. (1843), II. 488. From this method of stipulation, by a solemn appeal to God’s omniscience, with implied imprecations to him as a Judge.
1737. Waterland, Eucharist, Introd. 22. They are supposed, when worthily performed, to carry in them all dutiful Allegiance to God,… a Stipulation of a good Conscience, and [etc.].
4. The action of specifying as one of the terms of a contract or agreement; a formulated term or condition of a contract or agreement.
1750. Johnson, Rambler, No. 75, ¶ 11. I have never discovered any lady who did not think wealth a title to some stipulations in her favour.
1766. Blackstone, Comm., II. xx. 299. Next follow the terms or stipulations … upon which the grant is made.
a. 1802. Bp. S. Horsley, Serm. (1816), III. xlii. 266. Hence, we may understand upon what ground and with what equity and reason salvation is promised in Scripture to faith, without the express stipulation of any other condition.
1817. W. Selwyn, Law Nisi Prius (ed. 4), II. 1063. In a case where there was a stipulation between three persons who appeared to the world as partners, that one of them should not participate in the profit and loss.
1844. H. H. Wilson, Brit. India, III. 155. The stipulation of the treaty of Yandabo providing for the permanent residence of a representative of the British Government, at the capital of Ava.
1889. S. Walpole, Life Ld. John Russell, II. xxviii. 313. The stipulations on which the two emperors had agreed at Villafranca.
5. The action of stipulating for or insisting on something as a condition of agreement; an instance of this, a condition stipulated for.
1792. Anecd. Pitt, II. xxii. 40. Pensions were thrown about indiscriminately…. The only stipulation was, ‘Give us your vote.’
1845. Disraeli, Sybil, V. xi. I did not preface it by a stipulation of confidence, because that is idle.
1878. Bosw. Smith, Carthage, 275. The stipulation made by the ease-loving inhabitants and granted by Hannibal, that no Capuan citizen should be required to serve in his army.
