A conclave capitulation was a compact or unilateral contract drawn up by the College of Cardinals during a papal conclave to constrain the actions of the pope elected by the conclave. The legal term capitulation more frequently refers to the commitment of a sovereign state to relinquish jurisdiction within its borders over the subjects of a foreign state. Before balloting began, all cardinals present at the conclave would swear to be bound by its provisions if elected pope.Baumgartner, 2003, p. xiii. Capitulations were used by the College of Cardinals to assert its collective authority and limit papal supremacy, to "make the Church an oligarchy instead of a monarchy."Van Dyke, 1897, p. 172. Similar electoral capitulations were used on occasion from the 14th to the 17th centuries in Northern and Central Europe to constrain an elected king, emperor, prince, or bishop.
History The College had made informal attempts to influence the actions of popes before drafting formal capitulations. The first capitulation was drafted in the conclave of 1352, which elected Pope Innocent VI,Jugie, Pierre. Levillain, ed. 2002. "Cardinal." pp. 241-242. and most conclaves for the next 300 years produced similar documents.Baumgartner, 2003, pp. 52-54.
In 1353, Innocent VI declared these first Capitulations invalid with his Apostolic Constitution, Sollicitudo, citing a Constitution of Pope Gregory X, Contingit, which prohibited papal conclaves from dealing with issues other than the election of a Pope. This papal response would be repeated for most future Capitulations, which were generally disregarded. For this reason, papal historian Frederic Baumgartner calls capitulations "an exercise in futility." Another papal historian, Van Dyke, surmises that by the election of Pope Sixtus IV (1471), "all the Popes for forty years had signed and promptly broken" the "Capitulation of the Conclave."Van Dyke, 1897, p. 198. Jugie considers the "regular recourse to capitulation" to be "above all, an admission of weakness." Despite their ineffectiveness, Capitulations still give an insight into the thinking of the Cardinals as they prepared to vote for a pope.
Although not the last Capitulations, that of the conclave of 1513 (which elected Pope Leo X) was a turning point for papal supremacy and attempts to control it through formal treaties; never again did the College attempt to limit its size through capitulations; although individual cardinals remained powerful, the College as a whole never regained its power as the "senate" of the Church.
In 1676, Pope-elect Innocent XI made the College swear to the capitulation that had been drafted by the previous conclave before accepting his election.
Though the practice was defunct, Pope John Paul II's 1996 Constitution Universi Dominici Gregis banned conclave capitulations as well as the papal veto, which had already been eliminated by Pius X.Walsh, 2003, p. 163. He wrote: "I likewise forbid the Cardinals before the election to enter into any stipulations, committing themselves of common accord to a certain course of action should one of them be elevated to the Pontificate. These promises too, should any in fact be made, even under oath, I also declare null and void." Universi Dominici Gregis
List of conclave capitulations Conclave year Pope elected Terms Notes1352Innocent VICollege of Cardinals limited to 20; no new cardinals until only 16 remainedTwo-thirds of College needed to approve creating, excommunicating, depriving of suffrage, or reducing the property or revenue of cardinals, or to request subsidies from sovereigns or national clergiesCollege granted veto power of papal decisions and policiesAll papal revenue shared with CollegeFirst conclave capitulationDeclared invalid by Innocent VI in 13531431Baumgartner, 2003, p. 68.Eugene IVHalf of papal revenue was to be shared with the College of CardinalsNo major issues were to be decided without the consent of the CollegeEugene IV issues a bull to put the capitulation into effect, but later withdrew itAttempted to undo the reforms of Pope Martin V, which had deprived the College of control of church revenuesWalsh, 2003, p. 107.1458Baumgartner, 2003, p. 73.Pius IIWelfare for the poorer cardinals; and a crusade against the Ottoman Turks1464Burkle-Young, Francis A. 1998. "The election of Pope Paul II (1464)."Baumgartner, 2003, p. 78-79.Paul IIContinue the crusading war against the TurksLeave Rome only with the consent of the majority of cardinals; Italy with the consent of allCollege of Cardinals limited to 24New Pope limited to one cardinal-nephewCreation of cardinals or advancement of benefices required the consent of the CollegeSimilar to 1431 and 1454 capitulationsMost of the three-day conclave was spent drafting the capitulationWalsh, 2003, p. 109.Cardinal Trevisan did not subscribePaul II created three cardinal-nephews1471Burkle-Young, Francis A. 1998. "The election of Pope Sixtus IV (1471)."Sixtus IVContinue the crusading war against the TurksFewer limitations on papal powerFrontrunner Cardinal Basilios Bessarion fell out of favor by rejecting the capitulationBaumgartner, 2003, p. 79.1484Baumgartner, 2003, p. 82.Innocent VIIICardinals protected from retaliation by secular rulers in connection with the conclaveNew Pope limited to one cardinal-nephewCollege of Cardinals limited to 241492Burkle-Young, Francis A. 1998. "The election of Pope Alexander VI (1492)."Alexander VILimits on the creation of new cardinalsNo other terms knownAugust–September 1503Baumgartner, 2003, p. 89.Pius IIIPapal stipend of 2,400 ducats a year for cardinals with annual income less than 6,000 ducatsGeneral council was to be held within two years, and every five years thereafterWalsh, 2003, p. 111.College of Cardinals not limited to 24October 1503Baumgartner, 2003, p. 90.Julius IIGeneral council to be held within two yearsCardinals to be consulted on creation of new cardinals and other mattersAgreement of a supermajority of cardinals for the pope to declare warShortest conclave ever1513Pastor, 1980, pp. 19-21.Leo XCollege of Cardinals limited to 24Baumgartner, 2003, p. 92.Continue the crusading war against the Turks without taxing cardinalsReformation of the Roman Curia along the unfinished terms of Julius IIRoman Curia was not to leave RomeTwo-thirds of College required to close the Lateran Council, to impeach or nominate a cardinal, nominate a legate a latere, to confer certain ecclesiastical offices (Julius II had excommunicated four cardinalsWalsh, 2003, p. 112.)Laity mostly excluded from governing of Papal StatesSecret articles conferred benefits on cardinals:200 ducat monthly allowance to a cardinal with annual income less than 6000Cardinals could not be appointed legate without their consentBenefices of St. Peter and St. John the Lateran could only be conferred on Roman citizensImperial Ambassador considered the capitulation unlikely to be followed as it would make the cardinal elected only "half a Pope"Slightly unreliable copy found in diary of Paris de GrassisLeo X's violation of the capitulation marked the end of attempts to limit the size of the College or authority of Popes through capitulations; College was transformed from a "senate" to a group of advisersBaumgartner, 2003, p. 94.1522Adrian VIUnknownCalled "an exercise in futility as always" by BaumgartnerBaumgartner, 2003, p. 95.1549-1550Baumgartner, 2003, p. 105.Julius IIISimilar to that of 1523Ippolito II d'Este delayed negotiations on the capitulation for three days in an attempt to buy time for more French cardinals to reach the conclaveDrafted by six cardinals elected from the CollegeSetton, 1984, p. 509.1559Baumgartner, 2003, p. 117.Pius IVPope prohibited from waging war on a Catholic prince (as Pope Paul IV had done with Spain)Lateran Council was to be reconvened1585Baumgartner, 2003, p. 129.Sixtus VContinue the crusading war against the Turks, make peace with Catholic monarchs, complete the construction of St. Peters (which had been ongoing for seven decades)Little mention of privileges or number of cardinalsSeptember 1590Baumgartner, 2003, p. 133.Urban VIINone known1669-1670Baumgartner, 2003, p. 162.Clement XReform of the clergy, independence from secular rulers, restoration of advisory role of cardinals1676Innocent XISame as that of 1670Unique in that Pope-elect made cardinals swear to the previous capitulation before accepting his election
References
Sources Baumgartner, Frederic J. 2003. Behind Locked Doors: A History of the Papal Elections. Palgrave Macmillan. . Levillain, Philippe, ed. 2002. The Papacy: An Encyclopedia. Routledge. . Pastor, Ludwig. 1908. The History of the Popes. K. Paul, Trench, Trübner & Co., Ltd. Setton, Kenneth Meyer. 1984. The Papacy and the Levant, 1204-1571: The 13th & 14th Centuries. DIANE. . Van Dyke, Paul. 1897. The Age of the Renascence. The Christian Literature Co. Walsh, Michael. 2003. The Conclave: A Sometimes Secret and Occasionally Bloody History of Papal Elections. Rowman & Littlefield. .
Further reading Becker, Hans-Jürgen (2024). Die päpstlichen Wahlkapitulationen. Ein Beitrag zur kirchlichen Verfassungsgeschichte [The papal election capitulations. A contribution to the constitutional history of the Church]. Päpste und Papsttum, vol. 51. Stuttgart: Anton Hiersemann, (edition and study of the known papal capitulations).