Conclave capitulation

A conclave capitulation is a capitulation drawn up by the College of Cardinals during a papal conclave, attempting to constrain the actions of the pope elected by the conclave. Generally, all cardinals would swear to uphold it if elected pope, and the capitulation would be finished before the first scrutiny (ballot).Baumgartner, 2003, p. xiii. Capitulations were part and parcel of a strategy of the College of Cardinals to limit papal supremacy and to "make the Church an oligarchy instead of a monarchy."Van Dyke, 1897, p. 172.
==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 the first capitulation invalid with his Apostolic Constitution, Sollicitudo, referencing a Constitution of Pope Gregory X, Contingit, prohibiting papal conclaves from dealing with issues other than the election of a pope. This trend would continue 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."
Although not the last capitulation, 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.
Pope John Paul II's 1996 Constitution Universi Dominici Gregis banned the defunct practice of conclave capitulations along with the papal veto, another conclave practice which had already been de facto eliminated.Walsh, 2003, p. 163. 
"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 	Notes
1352 	Innocent VI 	College 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 College 	First conclave capitulationDeclared invalid by Innocent VI in 1353
1431Baumgartner, 2003, p. 68. 	Eugene IV 	Half of papal revenue was to be shared with the College of CardinalsNo major issues were to be decided without the consent of the College 	Eugene 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 II 	Welfare for the poorer cardinals; and a crusade against the Ottoman Turks 	
1464Burkle-Young, Francis A. 1998. "The election of Pope Paul II (1464)."Baumgartner, 2003, p. 78-79.	Paul II 	Continue 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 College 	Similar 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-nephews
1471Burkle-Young, Francis A. 1998. "The election of Pope Sixtus IV (1471)." 	Sitxus IV 	Continue the crusading war against the Turks 	Fewer limitations on papal powerFrontrunner Cardinal Basilios Bessarion fell out of favor by rejecting the capitulationBaumgartner, 2003, p. 79.
1484Baumgartner, 2003, p. 82. 	Innocent VIII	Cardinals protected from secular rulers from retaliation related to the conclaveNew pope limited to one cardinal-nephewCollege of Cardinals limited to 24 	
1492Burkle-Young, Francis A. 1998. "The election of Pope Alexander VI (1492)." 	Alexander VI 	Limits on the creation of new cardinals 	No other terms known
August-September 1503Baumgartner, 2003, p. 89. 	Pius III 	Papal 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 24
October 1503Baumgartner, 2003, p. 90. 	Julius II 	None 	Shortest conclave ever
1513Pastor, 1980, pp. 19-21. 	Leo X 	College 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 citizens	Imperial 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.
1522 	Adrian VI 	Unknown 	Called "an exercise in futility as always" by BaumgartnerBaumgartner, 2003, p. 95.
1549-1550Baumgartner, 2003, p. 105. 	Julius III 	Similar to that of 1523 	Ippolito 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 IV 	Pope prohibited from waging war on a Catholic prince (as Pope Paul IV had done with Spain)Lateran Council was to be reconvened 	
1585Baumgartner, 2003, p. 129. 	Sixtus V 	Continue 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 cardinals
September 1590Baumgartner, 2003, p. 133. 	Urban VII 	None known 	
1669-1670Baumgartner, 2003, p. 162. 	Clement X 	Reform of the clergy, independence from secular rulers, restoration of adviserial role of cardinals 	
1676 	Innocent XI 	Same as that of 1670 	Unique in that pope-elect made cardinals swear to the previous capitulation before accepting the papacy
==References==
*Baumgartner, Frederic J. 2003. Behind Locked Doors: A History of the Papal Elections. Palgrave Macmillan. ISBN 0312294638.
*Levillain, Philippe, ed. 2002. The Papacy: An Encyclopedia. Routledge. ISBN 0415922283.
*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. ISBN 0871691140. 
*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. ISBN 158051135X.
==Further reading==
*Archivo Segreto Vaticano, Conclavi di vari Pontifici, da Pio II a Innocente X, fol. 132 ff. Capitulation texts for the 22 conclaves between 1503 and 1644.
==Notes==
Category:Election of the Pope
Category:History of the Papacy
Category:Law lists
pt:Capitulação em conclave