CAPITULATION. — In international law, this term designates two entirely different institutions: 1) c. is a military agreement by which, in wartime, the surrender is arranged, under specifically agreed conditions, of a more or less considerable part of the armed forces of one of the belligerents; 2) c. is also a body of privileges originally granted unilaterally and subsequently, almost always, by treaty, by virtue of which the citizens of one State were granted, in the territory of another State of less advanced civilization, immunity from local jurisdiction, the application of their national law in certain matters of private law, and various other exemptions. Such c., until a few decades ago, were in force, to a greater or lesser extent, in favor of certain European States, in Japan, Turkey, Persia, Ethiopia, China, Egypt, and some other territories; they have now been abolished almost everywhere.
The first authentic c. on record was that of the Conclave from which Innocent VI was elected (1352). The conditions imposed restricted the rights of the future pope, especially with regard to the appointment, punishment, and deposition of cardinals, etc. Similar pacts were made also at the elections of Eugene IV (1431–47), Pius II (1458–64), Paul II (1464–71), and Innocent VIII (1484–92). They were prohibited and declared null by various popes (In eligendis of Pius IV of 9 October 1562, and Aeterni Patrii of Gregory XV of 15 November 1621); their provisions were substantially reproduced in the Apostolic Constitution of Pius X Vacante Sede Apostolica of 25 December 1904 (no. 83), and subsequently in that of Pius XII, which states in no. 183: «We prohibit the cardinals, before proceeding to the election, from drawing up pacts or establishing anything by common agreement, binding themselves to observe them if they are elected to the papacy; should such pacts be made, even by oath, we declare them null and void.»