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. 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 express or tacit ratification. Article 35 of the Hague
Convention (1899) on the laws and the customs of war lays down that
"capitulations agreed on between the contracting parties must be in
accordance with the rules of military 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which foreigners are withdrawn, for most civil and criminal purposes,
from the jurisdiction of the state making the capitulation. Thus in
Turkey arrangements termed capitulations (q.v.), and treaties
confirmatory of them, have been made between the Porte and other states
by which foreigners resident in Turkey are subject to the laws of their
respective countries. The term is also applied by French writers to the
oath which on his election the Holy Roman emperor used to make to the
college of electors; this related chiefly to such matters as regalian
rights, appeals from local jurisdictions, the rights of the pope, &c.

CAPITULATIONS (from Lat. _caput_, or its Low-Latin diminutive
_capitulum_, as indicating the form in which these acts were set down in
"chapters"; the Gr. equivalent _cephaleosis_, kephalaiosis, is
occasionally used in works of the 17th century), treaties granted by a
state and conferring the privilege of extra-territorial jurisdiction
within its boundaries on the subjects of another state. Thus, in the 9th
century, the caliph Harun-al-Rashid engaged to grant guarantees and
commercial facilities to such Franks, subjects of the emperor
Charlemagne, as should visit the East with the authorization of their
emperor. After the break-up of the Frank empire, similar concessions
were made to some of the practically independent Italian city states
that grew up on its ruins. Thus, in 1098, the prince of Antioch granted
a charter of this nature to the city of Genoa; the king of Jerusalem
extended the same privilege to Venice in 1123 and to Marseilles in 1136.
Salah-ud-din (Saladin), sultan of Babylon (Cairo), granted a charter to
the town of Pisa in 1173. The Byzantine emperors followed this