Electoral capitulation

An electoral capitulation (German: Wahlkapitulation) was initially a written agreement in parts of Europe, principally the Holy Roman Empire, whereby from the 13th century onward, a candidate to a prince-bishopric had to agree to a set of preconditions presented by the cathedral chapter prior to electing a bishop to a vacant see.

The capitulation usually reaffirmed the privileges of the electors and placed limitations on the future prince-bishop or emperor's authority to exercise power.

The use of electoral capitulations in the elections of prince-bishops started during the first half of the 13th century and spread to all the prince-bishoprics of the Holy Roman Empire.

As early as 1352 an electoral capitulation was compiled for the election of Pope Innocent VI, although he declared it invalid.

The Council of Constance (1414–1417) took the view that the rival popes, Gregory XII and Benedict XIII were guilty of perjury because they had broken the terms of their electoral capitulations.

Today, electoral agreements are forbidden before the election of the pope, as per the constitution, Universi Dominici Gregis.

Title page of the electoral capitulation agreed to by the new prince-bishop of Freising in 1790