CAPITULATION Oa writing drawn up in heads'), in military language, the act of sur rendering to an enemy upon stipulated terms, in opposition to a surrender at discretion. The word is also used to designate the instrument containing the terms. The proposition to enter into such a compact may originate either with the commander of the successful or of the de feated party. Based on the terms proposed by either, the conditions are agreed upon, being modified by the relative strength of the belligerents. Consult Article XXXV of the Second Peace Conference at The Hague (1907).
In the 15th century capitulations, as they were called, were presented by the ecclesiastical establishments in Germany to their newly-chosen abbots and bishops, who were obliged to swear to observe them as laws and conditions for their future rule. The ecclesiastical electors ob tained, after the fall of the Hohenstaufen family, certain advantageous promises from the new emperors, which were called capitulations.
When Charles V was proposed as emperor, and it was apprehended, on account of his foreign education, that he would disregard the German constitution, he was obliged to make oath that he would not reside without the German em pire, nor appoint foreigners to office in the empire, etc. This was called his *election capit ulation.* Such a ahlcaptiulation as after ward presented to new emperor as a fun damental law of the empire. In this way the authority of the German emperors was con stantly more and more diminished, so that at last it became merely nominal, since the elec tors, at the choice bf every new emperor, made some new infringement on the imperial privi leges. The Wahlcapitulationen were acknowl edged bargains, certainly unique in history.