legal stage, and e\en suhsequenth’. The "sale" transaction is hilateral, hut appears one-sided. 'The main action on the nuuicipatio in historieal times was the actio aiictoritatis '^\\\'c\\ la\' against the transteror tor double the stated price in the maucipatio it the buyer was e\ icted. But the original point ot the numcipatio in prehistory was nor the iictio auctoritatis. Where was the obligation ot the "seller".^ It la\’ in a stipalatio he ga\ e to the recipient that the property was tree from hidden defects and that the transferee would be entitled to peaceful control. This time we ha\ e textual e\’idence, though tor a later period and tor the intormal traditio of less important things, in \ arro, Dc rebus rustiCIS 2.2.6. .\t the prehistoric stage ot the law witnesses here had no standing, first because there would be the oath in the stipulation secondU' because the fne witnesses to the maucipatio would also in practice witness the stipulatio. Prehistoric and earl\’ historical stipulatio and maucipatio are lu^t trom difterent strands in the histor\' ot law. l\ir stipulatio in the absence of a ciyil action an oath is appropriate; in maucipatio with its stress on protecting the buyer from claims of theft by third parties an oath is inappropriate. No witnesses are appropriate tor stipulation they certainly are tor maucipatio. FinalK' in this section, we must consider the actio auctoritatis. I'his is not the creation ot the parties since it lies tor a fixed sum: in the e\ ent ot eviction tromthe property transterred, the transferor is liahie for double the price stated in the maucipatio. d'he actio comes not fromprehistor\’, but tromearh' histor\ ot law. Bur then one must ask wh\’ the action does not lie tor tailure to transter o\\ nership to the recipient but for a tailure to pro\ ide peacetul possession, d'he answer goes back to the prehistoric age. In the absence ot courts there was no such concept as legal ownership.'' What the "bu^■er" wanted was simpU' not to ha\ e his control usurped. Law casts long shadows; what once was, continues to be. 158
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