Pa. t. and pa. pple. stipulated; 8 Sc. pa. pple. stipulate. [f. L. stipulāt-, ppl. stem of stipulārī (deponent, with pa. pple. also in passive sense). Of doubtful origin; according to Paulus (c. 200 A.D.), f. an Old Latin stipul-us firm. Cf. F. stipuler, Sp. estipular, It. stipulare.
The alleged L. stipulus adj., if genuine, is prob. f. the root *stĭp- to be firm; cf. stīpes log, trunk (see STIPES), stīpāre to pack tightly; also STIFF a.]
1. intr. a. Roman Law. To make an oral contract in the verbal form (of question and answer) necessary to give it legal validity. Said spec. of the party who asks the question.
1656. Blount, Glossogr., Stipulate, to require and demand a thing to be given him, or done for him with ordinary words of the Law, to require by, or make a covenant, to promise effectually what he is required to do.
1728. Chambers, Cycl., s.v. Stipulation, By the ancient Roman Law, no Body could Stipulate, but for himself; but as the Tabelliones were publick Servants, they were allowed to Stipulate for their Masters.
1880. Muirhead, Gaius, III. 105. That mutes can neither stipulate nor promise is quite plain.
† b. gen. To contract, make a bargain, settle terms, covenant (with a person or persons). Obs.
a. 1624. Ld. Herbert, Autobiog. (1886), 192. Henry the Fourth and the King my master had stipulated with each other, that whensoever anyone of them died, the survivor should take care of the other’s child.
a. 1677. Barrow, Serm., xxxii. Wks. 1687, I. 467. Could he present a sacrifice, or disburse a satisfaction to his own justice? Could God alone contract and stipulate with God in our behalf?
1785. Paley, Mor. Philos., VI. iii. 419. In all stipulations,… the parties stipulating must both possess the liberty of assent and refusal, and also be conscious of this liberty.
2. trans. Of an agreement, or of both contracting parties: To specify (something) as an essential part of the contract.
c. 1645. Howell, Lett., I. III. xx. (1650), 66. He desir’d a valuable caution for the performance of those Articles which were stipulated in their favor.
1711. Swift, Cond. Allies, 53. When Portugal came, as a Confederate into the Grand Alliance, it was stipulated, That [etc.]. Ibid. (1727), Poisoning E. Curll, Misc. (1732), 25. You shall have your third Share of the Court Poems, as was stipulated.
1751. Johnson, Rambler, No. 103, ¶ 14. He knows … the jointure stipulated by every contract.
1755. in Nairne Peerage Evid. (1874), 37. Before the term of payment of his patrimony became due as stipulate by the sd bond.
1788. Gibbon, Decl. & F., l. V. 199. The marriage-contract … stipulates a dowry of twelve ounces of gold and twenty camels.
1791. Boswell, Johnson, an. 1747 (1904), I. 125. The booksellers who contracted with Johnson … were Mr. Robert Dodsley, [etc.]…. The price stipulated was fifteen hundred and seventy-five pounds.
1819. J. Marshall, Const. Opin. (1839), 156. The time of payment stipulated in the contract was extended by law.
1847. Mrs. A. Kerr, trans. Ranke’s Hist. Servia, 260. A secret article of that treaty stipulated that Turkey should be invited to join in the alliance against Russia.
1855. Carlyle, Prinzenraub, Misc. 1857, IV. 355. So he … made the Treaty of Passau with him … by which … many liberties were stipulated for the Protestants.
1909. Firth, Last Years Protectorate, I. vii. 202. He was not provided with the 2000 cavalry stipulated in the treaty with Spain, and to land his foot without any horse to protect them would be dangerous.
3. Of one of the parties to an agreement, or a person making an offer: To require or insist upon (something) as an essential condition. Now only with clause or inf. as obj.
1685. Crowne, Sir C. Nice, V. 54. Did not I stipulate upon the surrendry of my self to this House, to be kept from Women?
a. 1700. Evelyn, Diary, 29 Aug. 1678. The D. of Norfolk … sent to me to take charge of the bookes and remove them, onely stipulating that I would suffer … Sir William Dugdale, to have such of them as concern’d Herauldry.
1713. Swift, Rem. Barrier Treaty, 6. To undertake for a great deal more, without stipulating the least Advantage for Her self.
1781. Gibbon, Decl. & F., xxv. (1787), II. 525. They stipulated only a safe and honourable retreat: and the condition was readily granted by the Roman general.
1781. Cowper, Hope, 334. The deed, by which his love confirms The largess he bestows, prescribes the terms…. He stipulates, indeed, but merely this—That man [etc.].
1821. Scott, Kenilw., xxiii. I did but stipulate he would remove his hateful presence, and I drank whatever he offered. Ibid. (1827), Surg. Dau., iv. All I stipulate, is to know the day.
1857. H. Miller, Test. Rocks, vi. 231. Cromwell, in commissioning a friend to send him a helmet, shrewdly stipulated that it should be a ‘fluted pot.’
1862. Hook, Lives of Abps., II. ii. 95. He had stipulated … that they should erect and endow two abbeys and four hospitals.
1886. H. D. Traill, Shaftesbury, i. 4. Old Sir Anthony Ashley … had stipulated with Sir John Cooper that the name of Ashley should go with the estates.
4. intr. To make an express demand for something as a condition of agreement.
1790. Dallas’ Rep., I. 105. What do treaties stipulate for to guard against violence on the seas?
1794. Mrs. Radcliffe, Myst. Udolpho, xxxiii. Her prudence … had saved her from mentioning the name of Valancourt to Montoni,… and of stipulating for his release.
1796. Jane Austen, Sense & Sens., ii. He did not stipulate for any particular sum, my dear Fanny; he only requested me, in general terms, to assist them.
1832. Ht. Martineau, Homes Abroad, iv. His wife was to be a domestic servant in the same farm where he was shepherd; and even little Susan was carefully stipulated for.
1844. H. H. Wilson, Brit. India, II. V. II. 209. That officer was directed … to enter into a preliminary engagement with the Nawab, which should stipulate at present for nothing more than military service.
1860. Tyndall, Glac., I. xvi. 113. I had stipulated for ten minutes’ sleep on reaching the summit.
1913. R. Lucas, Ld. North, I. ii. 35. Pitt stipulated for condemnation of the Stamp Act and general warrants, which was a hard saying in the ears of King George.
5. trans. To promise, give surety for, guarantee. Now only (somewhat rare) with clause or inf. as obj.
1737. Waterland, Eucharist, Introd. 22. All which is solemnly entred into for the present, and stipulated for the future, by every sincere and devout Communicant.
1759. Hume, Hist. Eng. Tudors, Hen. VIII., i. 80. He required, that John should stipulate a neutrality in the present war.
1771. Goldsm., Hist. Eng., I. 286. He required the prisoner to be delivered up to him, and stipulated a large sum of money to the duke as a reward for this service.
1796. Morse, Amer. Geog., I. 150. Ceded to the French, who stipulated to erect no fortifications on these islands.
1839. Thirlwall, Greece, xvii. III. 41. To recover the Athenian prisoners,… the Athenians stipulated to withdraw all their troops from Bœotia.
1858. Ld. St. Leonards, Handy Bk. Property Law, v. 28. You should not sign a contract for the purchase of the estate until your solicitor has seen and read the leases, unless the vendor will stipulate in writing that they contain such covenants only as are justified by the custom of the country.
† b. absol. To become surety or bail (for another). Obs.
1692. Wood, Life, 18 Nov. (O.H.S.), III. 407. I appeared [in the vice-chancellor’s court]—where Benjamin Wood stipulated for me in 40 li.
1829. Scott, Anne of G., xvi. ‘Insolent hind!’ replied the Knight, ‘dost thou stipulate? thou offer thy paltry word as a pledge betwixt the Duke of Burgundy and Archibald de Hagenbach?’
Hence Stipulating ppl. a., stipulatory.
1737. Waterland, Eucharist, iv. 104. The Covenant-Charter, was given soon after the Fall, to Mankind in general, and has been carried on thro’ successive Generations, by new stipulating-Acts in every Age.
