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CAPITULATE

Volume 5 · 235 words · 1815 Edition

an appellation given to the several quarters or districts of the city of Thoulouse, each under the direction of a capitoul: much like the wards of London, under their aldermen. Thoulouse is now divided into eight capitulatures, or quarters, which are subdivided into moulans, each of which has its tithing-man, whose business is to inform the capitoul of what passes in his tithing, and to inform the inhabitants of the tithing of the orders of the capitoul.

CAPITALAR, or CAPITULAR, denotes an act passed in a chapter, either of knights, canons, or religious.

The capitularia or capitulars of Charlemagne, Charles the Bald, &c., are the laws, both ecclesiastical and civil, made by those emperors in the general councils or assemblies of the people; which was the way in which the constitutions of most of the ancient princes were made; each person present, though a plebeian, setting his hand to them.

Some distinguish these from laws; and say, they were only supplements to laws. They had their name, capitulari, because divided into capitula, chapters, or sections. In these capitulars did the whole French jurisprudence anciently consist. In process of time, the name was changed for that of ordinances.

Some distinguish three kinds of capitulars, according to the difference of their subject-matter; those on ecclesiastical affairs are really canons, extracted from councils; those on secular affairs, real laws; those relating to particular persons, or occasions, private regulations.