of the instructions sent at various times to the agents of
these domains); the partitions of the kingdom among the king's sons, as,
the _Divisio regnorum_ of 806, or the _Ordinatio imperii_ of 817; the
oaths of peace and brotherhood which were taken on various occasions by
the sons of Louis the Pious, &c.

The merit of clearly establishing these distinctions belongs to
Boretius. He has doubtless exaggerated the difference between the
_Capitula missorum_ and the _Capitula per se scribenda;_ among the first
are to be found provisions of a general and permanent nature, and among
the second temporary measures are often included. But the idea of
Boretius is none the less fruitful. In the capitularies there are
usually permanent provisions and temporary provisions intermingled; and
the observation of this fact has made it possible more clearly to
understand certain institutions of Charlemagne, _e.g._ military service.

After the reign of Louis the Pious the capitularies became long and
diffuse. Soon, from the 10th century onwards, no provision of general
application emanates from the kings. Henceforth the kings only regulated
private interests by charters; it was not until the reign of Philip
Augustus that general provisions again appeared; but when they did so,
they bore the name of ordinances (_ordonnances_).

There were also capitularies of the Lombards. These capitularies formed
a continuation of the Lombard laws, and are printed as an appendix to
these laws by Boretius in the folio edition of the _Monumenta Germaniae,
Leges_, vol. iv.

AUTHORITIES.---Boretius, _Die Capitularien im Longobardenreich_
(Halle, 1864); and _Beitrage zur Capitularienkritik_ (Leipzig, 1874);
G. Seeliger, _Die Kapitularien der Karolinger_ (Munich, 1893). See
also the histories of institutions or of law by Waitz, Brunner, Fustel
de Coulanges, Viollet, Esmein. (C. Pf.)

CAPITULATION (Lat. _capitulum_, a little head or division; _capitulare_,
to treat upon terms), 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 capitulation. 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