
A conclave capitulation was a compact or unilateral contract drawn up by the
College of Cardinals
The College of Cardinals (), also called the Sacred College of Cardinals, is the body of all cardinals of the Catholic Church. there are cardinals, of whom are eligible to vote in a conclave to elect a new pope. Appointed by the pope, ...
during a
papal conclave
A conclave is a gathering of the College of Cardinals convened to appoint the pope of the Catholic Church. Catholics consider the pope to be the apostolic successor of Saint Peter and the earthly head of the Catholic Church.
Concerns around ...
to constrain the actions of the
pope
The pope is the bishop of Rome and the Head of the Church#Catholic Church, visible head of the worldwide Catholic Church. He is also known as the supreme pontiff, Roman pontiff, or sovereign pontiff. From the 8th century until 1870, the po ...
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. Capitulations were used by the College of Cardinals to assert its collective authority and limit
papal supremacy
Papal supremacy is the doctrine of the Catholic Church that the Pope, by reason of his office as Vicar of Christ, the visible source and foundation of the unity both of the bishops and of the whole company of the faithful, and as priest of the ...
, to "make the Church an
oligarchy
Oligarchy (; ) is a form of government in which power rests with a small number of people. Members of this group, called oligarchs, generally hold usually hard, but sometimes soft power through nobility, fame, wealth, or education; or t ...
instead of a
monarchy
A monarchy is a form of government in which a person, the monarch, reigns as head of state for the rest of their life, or until abdication. The extent of the authority of the monarch may vary from restricted and largely symbolic (constitutio ...
." 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
An apostolic constitution () is the most solemn form of legislation issued by the Pope.New Commentary on the Code of Canon Law, pg. 57, footnote 36.
By their nature, apostolic constitutions are addressed to the public. Generic constitutions use ...
, ''
Sollicitudo'', citing a Constitution of
Pope Gregory X
Pope Gregory X (; – 10 January 1276), born Teobaldo Visconti, was head of the Catholic Church and ruler of the Papal States from 1 September 1271 to his death and was a member of the Third Order of St. Francis. He was elected at the ...
, ''
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
Pope Sixtus IV (or Xystus IV, ; born Francesco della Rovere; (21 July 1414 – 12 August 1484) was head of the Catholic Church and ruler of the Papal States from 9 August 1471 until his death in 1484. His accomplishments as pope included ...
(1471), "all the Popes for forty years had signed and promptly broken" the "Capitulation of the Conclave." 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
Pope Leo X (; born Giovanni di Lorenzo de' Medici, 11 December 14751 December 1521) was head of the Catholic Church and ruler of the Papal States from 9 March 1513 to his death in December 1521.
Born into the prominent political and banking Med ...
) was a turning point for
papal supremacy
Papal supremacy is the doctrine of the Catholic Church that the Pope, by reason of his office as Vicar of Christ, the visible source and foundation of the unity both of the bishops and of the whole company of the faithful, and as priest of the ...
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
Pope John Paul II (born Karol Józef Wojtyła; 18 May 19202 April 2005) was head of the Catholic Church and sovereign of the Vatican City State from 16 October 1978 until Death and funeral of Pope John Paul II, his death in 2005.
In his you ...
's 1996 Constitution ''
Universi Dominici Gregis
''Universi Dominici gregis'' is an apostolic constitution of the Catholic Church issued by Pope John Paul II on 22 February 1996. It superseded Pope Paul VI's 1975 apostolic constitution, '' Romano Pontifici eligendo'', and all previous aposto ...
'' banned conclave capitulations as well as the
papal veto, which had already been eliminated by Pius X. 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
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'' he papal election capitulations. A contribution to the constitutional history of the Church Päpste und Papsttum, vol. 51. Stuttgart: Anton Hiersemann, {{ISBN, 978-3-7772-2423-7 (edition and study of the known papal capitulations).
Election of the pope
History of the papacy
Law-related lists
Papal primacy