Conclave Capitulation - History

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, and most conclaves for the next 300 years produced similar documents.

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." 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.

"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."

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