CAPITAL FELONIES-CAPITAL PUNISHMENT. railway has been in operation, and drawings come in from the traffic. As soon as traffic commences, there begins a new account called the Revenue Account, and which, kept in the same or a different bank, has no connection with the Capital Account. This, it may be judged, at once introduces a great complexity into the financial affairs of railways. In ordinary businesses, the profits of a concern are the free proceeds after deducting interest on capital and all expenses; and no attempt is made to keep two accounts, or to detach one part of the revenue from the other. As shareholders in a railway occupy the position of partners in a business, it might be expected that they would receive a divisible part of the proceeds equal to their respective claims after all expenses whatsoever had been paid. This is not the plan usually adopted. In general, the shareholders are only temporary partners; they buy shares in order to sell them at an advance. What they mainly look to is the rise on shares in the market, and therefore any process of management which can promote this important object meets their approval. Hence, the keeping of two accounts, two bank pass-books, and two books of cheques. From the revenue account are drawn all payments for wages, rates, and taxes, coke, oil, and other petty furnishings, also repairs on carriages and locomotives, maintenance of way, and general management. What remains is the fund, whence is paid, first, the interest on debentures, and, second, the dividend of the shareholders. From the C. A. are drawn all other outlays: first, the repayment of principal to debenture holders, and, second, the expenditure for new carriages and locomotives, new rails, and other substantial repairs upon and additions to the plant. As all railway traffic exceeds the expectations formed respecting it, the demands on the C. A. for fresh additions of one kind or other, become exceedingly onerous. Were the shareholders to look to ultimate advantages, they would sanction the payment for permanent improvements out of the current revenue; but, as has been stated, shareholders for the most part care nothing for the remote and contingent prosperity of the undertaking, and will not, or cannot make a corresponding sacrifice. Greatly diminished by primary outlay, and now operated upon for all sorts of additions and improvements, the C. A. is at length exhausted, and new powers have to be got from parliament to create new shares and new debentures, and which shares are only taken up by being guaranteed a preferable claim on the funds of the company. Where a large extension of traffic must be provided for, the creation of fresh capital is indispensable and legitimate; but it is equally open to remark that the C. A., as usually conducted, affords the means of enormously increasing the company's obligations, and is, in fact, an expedient to give good dividends to present holders of stock at the cost of their successors. Perceiving what must be the consequences, those among the proprietary of the small and more prudently managed railways who look to permanent investment, lose no opportunity to urge that the capital account shall be closed, and the whole expenditure of the company, including the payment of dividends and interests, be taken from revenue.' Objections are raised to these remonstrances, sometimes on plausible, sometimes on sufficiently valid, grounds; and it may be said that in remarkably few cases have railway companies been able, or been disposed, to close their Capital Account. See RAILWAYS (Legislation and Management). w. c. prudence is the punishment of death. It is called Against C. P. arguments are often urged from Scripture, based on the general principle of Christian charity. To these it is replied that they proceed on a misapprehension and misapplication of the principle; and reference is confidently made to the Old Testament as sufficiently exhibiting the mind of the great Lawgiver in regard to this matter. Death was, in former times in England, the ordinary punishment for all felonies, and the certain doom of those who could not avail themselves of benefit of clergy (q. v.), i. e., the common law inflicted death on every felon who could not read, and the law implied that punishment, where a statute made CAPITAL FELONIES. See FELON. any new offence felony. On the other hand, the numerous acts of parliament creating felonies CAPITAL PUNISHMENT in criminal juris- without benefit of clergy, shew that the statute law CAPITAL PUNISHMENT. was still more sanguinary, so that of the 160 he collects the opinions of different eminent authorioffences referred to by Blackstone as punishable ties; Memoirs of Sir Samuel Romilly, 3 vols. (1840), with death, four-fifths had been made so during the and his miscellaneous law-pamphlets; Jeremy Benreigns of the first three Georges. That some idea tham's Rationale of Punishment (1830); Beccaria's may be formed of such Draconian justice as was then Essay on Crimes and Punishments (1775); Edward established, we may mention the following as among Gibbon Wakefield's Facts Relating to the Punishthe offences which involved sentence of death-ment of Death in the Metropolis (1831); and Frederic stealing in a dwelling-house to the amount of 408.; Hill's Crime, its Amount, Causes, and Remedies stealing privately in a shop goods of the value of (1853). 58.; counterfeiting the stamps that were used for the sale of perfumery! and doing the same with the stamps used for the certificates for hair-powder! Thanks, however, to the exertions of Sir Samuel Romilly, the inhumanity and impolicy of such a state of the criminal code gave way, towards the end of the reign of George III., to a course of legislation which has reduced the application of death as a punishment within its present humane limits. Practically, indeed, it is only in the case of treason and murder that the capital sentence is ever pronounced; and even then, it is not always carried out, for the crown reserves to itself and exercises a right of review which frequently leads to such a change in the convict's fate as at least spares his life. This discretionary control on the part of the executive is essential in the present state of the law, which affords no means for a judicial appeal on the merits; for the very nature of the punishment, when finally executed, precludes the idea of all benefit to the sufferer, should the verdict of the jury afterwards turn out erroneous, and the innocence, instead of the guilt, of the accused be established. The law as it stands, indeed, allows a capital sentence to be reversed if technical error can be shewn on the face of the judgment or other matter of record-but what avails that, after the sentence has been executed? In Scotland, the administration of the criminal law has perhaps been, on the whole, as severe as in England. Mr Erskine says, that those crimes that are in their consequences most hurtful to society, are punished capitally or by death,' a category that is certainly sufficiently indefinite; and anciently, it might be shewn that the executions in Scotland for offences corresponding to those which were capitally punished in England, were, in proportion to the population, quite as numerous as those in the latter country. But in the more modern practice of Scotland, capital sentence was only pronounced in the four pleas of the crown-viz., murder, rape, robbery, and wilful fire-raising, to which may be added housebreaking. At present the penal system in Scotland may be said to be identical with that in England, death, as a punishment, being only inflicted in the case of convictions for murder. With respect to the mode of executing C. P., we need not detain the reader by any account of the obsolete cruelties and tortures of former times. It may suffice to state that hanging and beheading are the two methods which now, for the most part, are practised in the different European states, indeed, with the exception of Spain, by all. In the last country, the death of the culprit is instantaneously caused by the Garrotte (q. v.). In England, Scotland, and Ireland, and in all the dependencies of the crown, the convict is hanged; while in France he is decapitated by the Guillotine (q. v.), an instrument which an old Scotch machine called the Maiden (q. v.), and used for the same purpose, very much resembled. In most of the German states, beheading is the mode of execution adopted; but in Austria, criminals convicted of capital offences are hanged, as in England. See EXECUTION. The following works may be consulted on the subject of this article: Basil Montagu On the Punishment of Death, 3 vols. (1809, 1812, 1813), in which CAPITAL PUNISHMENTS IN THE ARMY AND NAVY.— 1. In the army.-The law on this subject is contained in the 19th of the Articles of War now in force, which prescribes death as the punishment of the following offences, or such other punishment as by a courtmartial shall be awarded. (1.) Any officer or soldier who shall excite or join in any mutiny or sedition in any forces belonging to her Majesty's army, or Royal Marines, or who shall not use his utmost endeavours to suppress it, and knowing of it, shall not give immediate information of it to his commanding officer; or (2) who shall hold correspondence with, or give advice or intelligence to, any rebel or enemy of her Majesty; or (3) who shall treat with any rebel or enemy without her Majesty's licence, or licence of the chief commander; or (4) shall misbehave himself before the enemy; or (5) shall shamefully abandon or deliver up any garrison, fortress, post, or guard committed to his charge; or (6) shall compel the governor or commanding officer to deliver up or abandon such place; or (7) shall induce others to misbehave before the enemy, or abandon or deliver up their posts; or (8) shall desert her Majesty's service; or (9) shall leave his post before being regularly relieved, or shall sleep on his post; or (10) shall strike or offer any violence to his superior officer, being in the execution of his office, or shall disobey any lawful command of his superior officer; or (11) who, being confined in a military prison, shall offer any violence against a visitor or other his superior military officer, being in the execution of his office. By article 20, it is declared that no judgment of death by a court-martial shall pass, unless twothirds at least of the officers present shall concur therein; and by article 21, it is provided that judgment of death may be commuted for penal servitude for any term not less than four years, or for imprisonment for such term as shall seem meet. It would appear that the employment of a soldier in the service subsequent to his arrest on a capital charge, may operate as a remission of the sentence of death. This is illustrated by the following case, mentioned by Mr Prendergast in his Law Relating to Officers in the Army (2d ed., 1855, p. 245): In 1811, private John Weblin of the 3d Buffs was sentenced to be shot. The commander-in-chief, the Duke of Wellington, in his Remarks' upon the proceedings, took notice that, through some extraordinary inattention, the prisoner had actually been permitted to serve in an engagement with the enemy, after he had been put into arrest for his crime. On this ground, the duke pronounced that he was under the necessity of pardoning the prisoner. In the army, C. P. is inflicted by the offender being either shot or hanged-the latter being the more disgraceful mode of execution. 2. In the navy. These are regulated by the 22 Geo. II. c. 33, amended by the 10 and 11 Vict. c. 59. By the first of these acts, certain offences in the navy, whether on board ship or on shore, were punished with death absolutely, without any discre tion in the court to alter or mitigate the sentence. But, by the 10 and 11 Vict., this severity is removed (excepting in the cases of murder and other unnatural offences mentioned in the act), and courts-martial are authorised to abstain from pronouncing judgment of death, if they shall think fit, and to impose such Campbell* for saying that the chief-justice declared other punishment instead as the nature and degree and expounded the law soundly; and that in of the offence may deserve. In this discretionary strictness Sir Walter's attainder, under the former sense, the following offences are punishable, in the judgment, could only be done away with by letters. navy, with death: (1) The holding illegal corre- patent under the Great Seal, expressly reciting the spondence with an enemy; (2) the not acquainting, treason, and granting a free pardon. See, on the within 12 hours after the opportunity to do so, the subject of these two articles, ARTICLES OF WAR, commander-in-chief, or other superior officer of the and MUTINY ACT. squadron, with any message from an enemy or rebel; (3) all spies bringing seducing letters from an enemy or rebel, or endeavouring to corrupt any one in the fleet to betray his trust; (4) the relieving an enemy or rebel in any way, directly or indirectly; (5) not preparing for fight when duty commands, or not making due preparations on likelihood of engagement, and not encouraging the inferior officers and men to fight courageously; (6) the treacherously or cowardly yielding or crying for quarter; (7) disobeying orders in time of action, or not using all possible endeavours to put the same effectually in execution; (8) being guilty of cowardice or neglect of duty in time of action; (9) through cowardice, negligence, or disaffection, forbearing to pursue the chase of any enemy, pirate, or rebel, beaten or flying, or not relieving or assisting a known friend in view to the utmost; (10) deserting to the enemy, or running away with any of her Majesty's ships or their belongings, or any pieces to the weakening of the service, or cowardly or treacherously yielding up the same; (11) deserting simply, or enticing others so to do; (12) making, or endeavouring to make, any mutinous assembly on any pretence whatsoever; (13) uttering words of sedition or mutiny; (14) concealing traitorous or mutinous practices or designs; (15) striking a superior officer, or offering any violence to him, being in execution of his office, on any pretence whatsoever; (16) unlawfully burning or setting fire to any ship property or furniture, not then appertaining to an enemy, pirate, or rebel; (17) neglect in steering any of her Majesty's ships, so that the same be stranded, split, or hazarded; (18) sleeping on watch, or negligently performing duty, or forsaking station; and (19) robbery. It is stated by Mr Prendergast, in the work to which we have referred (p. 244), that a sentence of death pronounced by a court-martial does not operate as an absolute dismissal from the service; for if the offender should be pardoned, he is restored to his former position. CAPITANATA, a province of Italy, corresponding to the Daunia of the ancients, is bounded N. and E. by the Adriatic, and on the S. W. by the Apennines. It stretches along the Adriatic about 70 miles in a straight line, and its average breadth is about 45 miles; but its coast-line, measuring round the great promontory of Monte Gargano, which has been called 'the spur of Italy,' is fully that projection and the Apennines, 75 miles. Pop. 100 miles, and its breadth between the extremity of But though a pardon operates as a restoration to (1871), 319,164. The greater part of the surface is streams. The rearing and feeding of cattle form the service, the greater question still remains to be a sandy plain sloping from the Apennines to the judicially decided, whether a restoration to the Adriatic, and watered only by some inconsiderable the chief occupations of the inhabitants. Wheat, service operates as a pardon. This question inseparably connected with the fate of the gallant wine, and fruits of various kinds are produced in quantities sufficient to admit of exportation. There but unfortunate Sir Walter Raleigh. He had been condemned to death for alleged participation in a treasonable plot to raise Arabella Stuart to the are important salt-works, quarries of alabaster, and throne; and, after undergoing 13 years' imprison-potters' clay. Foggia is the chief town. ment, he received from James I., by a commission under the Great Seal, the command of a fleet and army fitted out against the Spanish possessions in South America, with power of life and death over the king's subjects serving in the expedition. The enterprise failed; and on Sir Walter's return to England, James caused his head to be struck off, according to the sentence originally pronounced. On shewing cause against his execution, Sir Walter pleaded that his commission was tantamount to a pardon, and quoted a case of a man who had been condemned for felony, having been pardoned on account of his subsequent service in the wars of Gascony. Lord Chief-Justice Montague, however, held that though an implied pardon of the kind cited might hold good in felony, that treason could only be pardoned by express words. There is the high legal authority of the late Lord Chancellor CAPITATION, from the Latin caput, a head, means something applicable to all persons, or to the people by the head. A tax levied on all persons, without reference to property or other incidents, is called a C. tax, and sometimes a poll tax. The former term was often used in France for the tax better known as the taille, although this offensive impost was not imposed on all alike, the nobility enjoying many exemptions from it. CA'PITOL, the fortress of ancient Rome, and site of the national sanctuary the temple of Jupiter, was situated on the Mons Capitolinus, the smallest but most famous of the seven hills on which Rome was built. The hill itself was first termed Mons Saturninus, afterwards Mons Tarpeius and Rupes Tarpeia, and after the foundation of the Capitol, Mons * Lives of the Chief-Justices, vol. i. pp. 357, 358. CAPITULARIES-CAPO D'ISTRIA. Capitolinus, though a particular portion of it retained its ancient name of Rupes Tarpeia. It was steep and abrupt in almost every part, formed a natural fortress, and was strengthened here and there by towers. The C. was founded by Tarquinius Priscus, and completed by Tarquinius Superbus, who tasked the people to work at it. The whole mount had a circumference of about 800 paces. During the civil wars under Sulla, the temple was burned (according to Tacitus, by design), and after its restoration, destroyed during the Vitellian riots. It was rebuilt by Vespasian, after whose death it was again destroyed by fire, but was once more restored by Domitian, who instituted here the Capitoline Games. Domitian's structure lasted to a late period of the empire. Regarding the site of the C., there has been great dispute; the German scholars, for the most part, maintaining that it occupied the south-west summit of the hill, and the Italians, the north-east. The latter situation has the weight of probabilities in its favour. From that portion of the mount named the Tarpeian Rock, state criminals were thrown down. According to the description given by Dionysius of Halicarnassus, the temple of Jupiter, with its peristyle of columns, was 200 feet long by 185 feet wide, and was divided into three cellæ, separated from each other by walls, and respectively dedicated to Jupiter, Juno, and Minerva. In the spacious portico, the people feasted on triumphal occasions. The scanty ruins remaining in the present day consist of a substructure of peperino or volcanic tufa, a wall of the same materials, and some CAPITULATION, a treaty consisting of several specified conditions (Lat. capitula, heads). In the military sense of the word, a C. is a treaty of surrender to an enemy. When a place can no longer be defended, on account of failure of ammu nition or provisions, or the progress made by the besieging-party, a white flag is commonly put up, as a sign that the besieged are willing to capitulate. According to the kind and degree of peril in which the fortress is placed, so are the terms which the governor may reasonably expect from his successful opponent. Sometimes the arms and military stores are left to the besieged, but more frequently they are taken by the besiegers, except articles of private property belonging to the officers and men. The 'honours of war,' the marching out with drums beating and colours flying, are usually stipulated for, unless the conqueror exacts very severe terms. The mildest form of a C. is a convention, agreed to when the conqueror is not strong enough to insist on stringent conditions. CAPI'Z, a town on the island of Panay, in the Philippine Archipelago. It is situated on a plain on the north coast, near the rivers Panay, Panitan, and Ivisan, by which it is sometimes inundated during the rainy season. It is defended by a small fort, and is the residence of a Spanish alcalde. Pop. 11,000. CA'PNOMANCY, a word formed from the Greek capnos, smoke, and manteia, divination. The ancients practised it in two different ways—either remains of the south front, together with a por-burning coals, and watched the motions and the they threw grains of jasmine or poppy on the tion of the great flight of steps leading to the density of the smoke that rose from them, or they temple. The modern C. (Campidoglio), built on the site, and partly on the foundation of the ancient C., was designed by Michael Angelo, but is one of his inferior works. The main entrance, however, presents a splendid view. It is used as a kind of hotel-de-ville and museum. Besides the great temple of Jupiter, the most important structures on the Capitoline Mount were the temple of Jupiter Tonans, built by the Emperor Augustus; and the magnificent Tabularium, containing archives, and, in connection with the Erarium (Treasury'), serving as a library and place for lectures, &c. The remains of this structure, built by Quintus Catulus, 73 B. C., have still an imposing aspect. CAPITULARIES (Lat. capitularia). Capitularium is literally a book divided into chapters; and the plural of the word was the name given to the laws issued by the kings of the first and second of the Frankish races, from Charles Martel downwards. These laws proceeded from the great assemblies of the king, nobles, and bishops, which formed the states of the kingdom, and, from their general character, were opposed to the laws issued for the separate states, which were called leges. They were divided into general and special Č., according to the more or less general nature of the interests which they embraced, and the mode of their publication. They have by no means been all preserved. The most famous are those of Charlemagne and of St Louis. In 827, Abbot Angesius, of Fontenelles, made a collection of the C. of Charlemagne, and of his son, Louis le Débonnaire. Other collections were made by private persons, and, in 847, one by authority of the king, but they are all very imperfect and ill arranged. After Charles the Simple, in 922, no more C. were issued, and no similar laws or statutes exist from that period till the time of Louis le Gros, in 1100. The best collections are those of Baluze (Paris, 1677 and 1780), and of Pertz, in the Monumenta Germaniæ. watched the smoke of sacrifices. This latter kind of C. was most generally employed, and that to which the greatest importance was attached. If the smoke was thin, and ascended in a right line, instead of being blown back by the breeze, or spreading over the altar, the augury was good. It was also believed that the inhalation of the which consumed them, gifted the priests with smoke rising from the victims or from the fire prophetic inspiration. CAPO D'ISTRIA, a fortified seaport town of Austria, situated on a rocky island in the Gulf of Trieste, 8 miles south-west of the city of Trieste. It is capital of the circle of Istria, with the peninsula of which it is connected by a stone causeway, nearly half a mile long. Its old buildings, ruinous walls, and narrow streets, give the town a gloomy aspect. It has a cathedral, manufactures of leather and soap, and a trade in wine, oil, and salt. Pop. 6870. In ancient times, this place was known as Egida, and afterwards as Justinopolis, in honour of Justin II., who restored it. CAPO D'ISTRIA, or CAPO D'ISTRIAS, JOHN ANTHONY, COUNT, president of the Greek republic from 1827 to 1831, was born in Corfu, 1780. His family had been settled in that island since the 14th c., but originally came from the Illyrian town of Capo d'Istria (q. v.), near Trieste. He devoted himself to political life, and after having held a high position in the Ionian Islands, he entered the diplomatic service of Russia. Here his diplomacy tended to the separation of Greece from Turkey. In 1827, he was elected president of Greece; and in January 1828, he landed in Greece, and entered upon the duties of his office. He was a patriot, a philan thropist, and an able diplomatist, but by no means equal to the task which he now undertook. Everything was in disorder; the people had been long enslaved, and knew not how to use their freedom; and the president had been so much imbued with the centralising principles prevalent at the courts CAPONIERE-CAPRI. which he had frequented, that some of his measures, especially that restricting the liberty of the press, gave offence to the most temperate of the enlightened lovers of civil liberty. His career was cut short by his assassination in a church at Nauplia on October 9, 1831. The assassins were relatives of Peter Mauromichali, against whom he was urging on a prosecution, for alleged offences against the state. CAPONIERE, or CAPONNIÈRE, in Fortification, is a parapet 8 or 10 feet high, with a superior slope, terminating in a small glacis. It is placed in the ditch of a fortified place, to cover or screen the defenders while passing from one defence-work to another. Generally, it has a banquette, on which musketeers may stand to fire over the crest. If there is a passage between two such parapets, it is a full caponnière; if on one side only, a half caponnière. Generally, the parapets are of earth, and the passage open overhead; but sometimes caponnières are vaulted galleries of brickwork, loopholed at the sides for musketry; while in field-works, palisade caponnières are occasionally thrown across the ditches of redoubts. Reserving to the article FORTIFICATION a notice of the connecting-links between various defenceworks, we give, in the annexed cut, a plan of what is called a front of fortification, illustrating many parts already described in the Encyclopædia, and W X R F Front of Fortification. H empire, however, it included Pontus, which was CA'PPAGH BROWN, a bituminous earth, which yields pigments of various shades of brown, many others still remaining to be described. ASF CAPPARIDEÆ, or CAPPARIDA'CEÆ, a natural order of exogenous plants, allied to Crucifera, and including about 350 known species, herbaceous plants, shrubs, and trees, mostly natives of tropical and sub-tropical countries. The leaves are generally alternate, stalked, undivided, or palmate; the flowers solitary or clustered; the calyx of four sepals, sometimes cohering in a tube; the corolla of four, or sometimes eight petals, sometimes wanting, the stamens generally a multiple of four, or indefinitely numerous, placed on a hemispherical or elongated disk; the ovary one-celled, the style thread-like or wanting; the ovules curved; the fruit either dry and pod-like (tribe Cleomea), or a berry (tribe Capparea).-To this order belongs the well-known caper-bush. See CAPERS. Many of the species possess stimulant properties; some are poisonous. One of the most interesting plants of the order is the Siwák (Capparis sodata), a bush or small tree, one of the most characteristic features of the vegetation of Africa, from the Great Desert to the Niger, the small berries of which have a pungent taste like pepper, and when dried, con. stitute an important ingredient in the food of the inhabitants of those regions; whilst the roots when burned yield no small quantity of salt.-Barth's Travels. CAPPEL, a village of Switzerland, in the canton of Zurich, and ten miles south-south-west of the city of that name. It is interesting as the place where the great reformer Zwinglius was killed in a conflict with troops of the Roman Catholic cantons, October 1531. A monument has been erected here to his memory. CA'PRI (the ancient Caprea), a charming island in the Mediterranean, at the entrance of the Bay of Naples, about three miles from Cape Campanella, and twenty miles south of the city of Naples. On its small area of about eleven miles in circumference, it displays a rich variety of beautiful scenery, ruins of antiquity, and points of historical interest, and contains a population of about 6000 souls. The island is composed of two mountain masses, separated from each other by a depression like the seat of a saddle. That on the west, called Monte Solaro, which is the At the base highest and largest, has an elevation of about 1900 feet. The eastern part does not attain a height of more than 860 feet above the sea. of the eastern mountain is situated the town of C., built on a shelving rock, and guarded by walls, gates, and draw-bridges, with a cathedral, and a population, including the district, of about 4000. It commands a beautiful prospect, and communicates with the little town of Anacapri, on the western table-land, by CAPPADOCIA, anciently, a province, and a flight of 535 rude steps, cut in the face of the subsequently a kingdom in the west of Asia (in rock. There are only two safe landing-places on part the present Caramania). It was bounded by the island, and these are at C. and near it. C. was Lycaonia on the W., by Cilicia and Syria on the S., a celebrated place, in the times of Augustus and by Armenia on the E., and by Pontus on the N. Tiberius. Ruins are still found of Roman baths and During the time that it belonged to the Persian | aqueducts, and of the twelve grand villas or palaces 593 |