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CAPITULATION (Lat. capitulum, a littl...

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Originally appearing in Volume V05, Page 283 of the 1911 Encyclopedia Britannica.
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CAPITULATION (See also:Lat. capitulum, a little See also:head or See also:division; capitulare, to treat upon terms) , an agreement in See also:time of See also:war for the surrender to a hostile armed force of a particular See also:body of troops, a See also:town or a territory. It is an See also:ordinary incident of war, and therefore no previous instructions from the captor's See also:government are required before finally settling the conditions of capitulation. The most usual of such conditions are freedom of See also:religion and See also:security of private See also:property on the one See also:hand, and a promise not to See also:bear arms within a certain See also:period on the other. Such agreements may be rashly concluded with an inferior officer, on whose authority the enemy are not in the actual position of the war entitled to See also:place reliance. When an agreement is made by an officer who has not the proper authority or who has exceeded the limits of his authority, it is termed a sponsion, and, to be binding, must be confirmed by See also:express or tacit ratification. See also:Article 35 of the See also:Hague See also:Convention (1899) on the See also:laws and the customs of war See also:lays down that " See also:capitulations agreed on between the contracting parties must be in accordance with the rules of military See also:honour. When once settled they must be observed by both the parties." In another sense, capitulation is the name given to an arrangement by which foreigners are withdrawn, for most See also:civil and criminal purposes, from the See also:jurisdiction of the See also:state making the capitulation. Thus in See also:Turkey arrangements termed capitulations (q.v.), and See also:treaties confirmatory of them, have been made between the See also:Porte and other states by which foreigners See also:resident in Turkey are subject to the laws of their respective countries. The See also:term is also applied by See also:French writers to the See also:oath which on his See also:election the See also:Holy See also:Roman See also:emperor used to make to the See also:college of See also:electors; this related chiefly to such matters as regalian rights, appeals from See also:local jurisdictions, the rights of the See also:pope, &c.

End of Article: CAPITULATION (Lat. capitulum, a little head or division; capitulare, to treat upon terms)

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CAPITULARY (Med. Lat. capitularium)
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