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CAPITULAR

Volume 5 · 157 words · 1823 Edition

or CAPITULARE, 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, capitulars, 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.