ly secular issues, decided h\’ purely secular rules, with no intervention of a deity, with purely secular residts, and with a purely secular penalty. And vet, oaths ha\ e \ irtuallv no effect in law. c) The e.xistence of stipulation oral question and answer, unilateral, as a contract. Indeed, it was the first, and for a time, the onK’ contract. Aho\e all, why did it come into being at all.^ It seems not to reflect social realities. A unilateral contract as the earliest contract.^ d) Why are no witnesses needed for stipidatio} Is proof irrele\ ant.^ e) Why does it appear that an oath was originalK' imoh ed in the stipulatio hut had disappeared b\' the time of the dwelt e fables in the mid-fifth century b.c..^ f) Win’ does mancipation the formal transfer of important kinds of' property, not iinohe an oath, but recpiires fue witnesses.^ Why does only the transferee speak.^ g) Why is the obligation of the transferor in the mancipatio ed if he provides peaceful possession, and his obligation does not extend to gi\ ing ownership.^ h) Confarrcatio is the oldest form of marriage conferring maniiSn and was very much a matter of religion. Confarrcatio mo\ ed the woman from her famib’ into that of her husband. The later forms of marriage that conferred matiiiSn namely cocmptio and iisitSn did not in- \’ol\e religion in their creation. But in practice religion would be prominent in the marriage ceremony. After all, the Romans were the most religious people. l) The Clollege of Pontiffs, the most important body of state priests, was gi\ en the exclusive right to interpret the d'welve fables, the earliest code of Roman pri\ ate law. 1 hnv can this be, gi\en that the I'weKe fables were the result of the conflict between patricians and plebeians, and of necessit\’ the Pontiffs were patricians.^ j) Why, gi\ en this background, is there so little sign of religion in the approach of the Pontiffs to interpretation.^ 155
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