Page:Encyclopædia Britannica, Ninth Edition, v. 5.djvu/86

74   {{ti|1em|{{larger|CAPITULATION}} (the {{lang|la|Pactum deditionis}} of Grotius) is an agreement in time of war for the surrender to a hostile armed force of a particular body of troops, a town, or a territory. It is an ordinary incident of war, and therefore no previous instructions from the captor s Government are required before finally settling the conditions of capitula tion. The most usual of such conditions are freedom of religion, and security of private property on the one hand, and a promise not to bear arms within a certain 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 place reliance. The Roman consuls sometimes introduced the condition &quot; Ita ratum sit, sipopulus Eomanus censuisset.&quot; Saturninus surrendered tho Capitol on the promise of Marius ; but Cicero asks {pro G. Rab., c, x.), &quot;Fides qui potuit sine senatusconsulto dari 1 &quot; Caesar evidently thought that responsibility in such matters should rest in the com- mander-in-chief : &quot; Alter agere ad prsescriptum, alter libere ad summam rerum consulere debet ;&amp;gt; (de B. G., iii. 51). In modern times the question has been raised whether a capitulation can ever amount to a conveyance of the sovereignty, or a perpetual cession of political allegiance. Such matters are fixed by the terms of peace ; but before then questions may rise as to rights in the property passed by capitulation. Although private ransoms are theoretically allowed by English admiralty law in cases of necessity, the Prize Act (27 and 28 Viet. c. 25, 45) con fers a right only to ships and goods afloat. Hence part of the consideration of a capitulation may be condemned to the Crown. Again, as in the case of Thorshaven and its dependencies (Island of Stromoe), which capitulated to Captain Baugh in 1808, public property passed by the capitulation, if not taken possession of by the private enemy, may afterwards be seized by privateers and for feited to the Crown. In two great capitulations of modern history, Great Britain has made a not very creditable appearance. That of Closter Seven, between the duke of Cumberland and Marshal Richelieu for a suspension of arms in N. Germany, King George, as elector of Hanover, refused to ratify, and ordered the Hanoverian troops, which ought to have been disbanded, to resume service as British troops. In the capitulation of El Arish (1800), which related to the evacuation of Egypt by the French, the British Government, so long as it seemed more ad vantageous to fight, pleaded a defect in the authority of Sir Sidney Smith ; but when Kleber s brilliant movement to Heliopolis had changed matters, they clamoured for the faithful execution of the agreement. The most important case on the subject of capitulation is, however, that of the merchants of Genoa, particulars of which may be got in Hansard, vol. xxx., and 4 Robinson, 388.}} Capitulation is also the name given to an arrangement by which a body of foreigners enjoy certain privileges within the state making the capitulation ; e.y., the Swiss Guards at the Tuileries, or the consular jurisdictions in the Levant. It is also applied by French writers to the oath which on his election the emperor of tb.3 Romans used to make to the college of electors ; this related chiefly to such matters as regalian rights, appeals from local juris dictions, the rights of the Pope, &amp;lt;fcc.  CAPMANY, (1743-1813), a Spanish historian and philosopher, was born at Barcelona. He spent the early part of his life in military service, and after his retirement in 1770 removed to Madrid, where he was elected secretary of the Royal Academy of History. His principal works are, Memorias historicas sobre la Marina, Commercio, y Artes de I antigua ciudad de Barcelona, 4to, Madrid, -1779-1792 ; Teatro historico-critico de la Eloquencia Espaiiola, 4to, Madrid, 1786 ; Dictionario Frances- Espanol, 4to, Madrid, 1 805 ; Filosofia de I Elo- cuencia, 1776; and Questiones criticas sobre vanos puntos de kistoria economica, politica, y militar, 8vo, 1807.  CAPO D'ISTRIA, a fortified seaport town of Austria, iu the government of Trieste and circle of Istria. It stands on a small island in the Gulf of Trieste, 8 miles south of that city, in 45 .32 20&quot; N. lat. and. 13 42 29&quot; E. long., and is connected with the mainland by a causeway half a mile in length. It is the seat of a bishopric, and has a cathedral and about thirty other churches, a citadel, a gymnasium, a prison, and a theatre. It manufactures salt, sugar, leather, and soap ; it also exports wine, oil, and fish. The harbour is large, but is little frequented except by fishing-boats. Population in 1869, 9169. Capo d Istria is usually identified with the town of ^Egida, mentioned by Pliny, which appears by an inscription to have after wards received the name of Justinopolis from Justin II. At a later period it formed a free commonwealth, which was subjugated by the Venetians in the 10th century, fell into the hands of the Genoese in 1380, and was recaptured by the Venetians in 1487. As capital of Istria it passed into Austrian possession in 1797.  CAPO D'ISTRIA, (1780-1831), was born at Corfu, where his father was a physician, in 1780. At first he devoted himself to the study of medicine in the academies of Padua and Venice, but joined the Russian diplomatic service when at the treaty of Tilsit the Ionian Islands were ceded to the French. He held the office of secretary for foreign affairs under the Emperor Alexander, and was president of the Greek republic after the battle of Navarino. Having been suspected of treachery to the republican cause, he was assassinated when entering a church at Nauplia, October 9, 1831. See.  CAPPADOCIA, an extensive province of Asia Minor, that for a considerable period constituted an independent kingdom. It was originally a country of much greater extent; in the time of Herodotus, the Cappadocians occupied the whole region from the chain of Mount Taurus on the south to the shores of the Euxine. That author tells us that the name of Cappadocians was that applied to them by the Persians, while they were termed by the Greeks Syrians, or White Syrians (Leucosyri). The fact that they were a branch of the same race with the Syrians appears indeed to admit of no doubt. Under tho Persian empire they were divided into two separate satrapies or governments, the one comprising the central and inland portion of the country, to which the name of Cappadocia continued to be applied, while the other was called Cap padocia ad Pontum, and gradually came to be known simply as Pontus. As after the fall of the Persian government the two provinces continued to be subject to separate rulers, this distinction was perpetuated, and the name of Cappadocia came to be restricted to the inland province 