François Hotman and the Critique of Gratian’s Decree: From the Investigation of Early Councils (De statu primitivae Ecclesiae, 1553) to the Rewriting of Europe’s Legal History (Antitribonian, 1567)

François Hotman (1524–1590) was one of the leading Reformed jurisconsults of his time. Past research has stressed his innovative interpretations and practices in the study of Roman, feudal, and French constitutional law. Little has yet been said about his views on canon law, another fundamental lega...

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Bibliographic Details
Main Author: Martens, Christian (Author)
Format: Electronic Article
Language:English
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Interlibrary Loan:Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany)
Published: 2024
In: Religions
Year: 2024, Volume: 15, Issue: 10
Further subjects:B François Hotman
B Canon Law
B Calvin
B primitive Church
B Primacy
B Councils
B Ecclesiology
B Gratian
B Du Tillet
B Pseudo-Isidore
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Summary:François Hotman (1524–1590) was one of the leading Reformed jurisconsults of his time. Past research has stressed his innovative interpretations and practices in the study of Roman, feudal, and French constitutional law. Little has yet been said about his views on canon law, another fundamental legal body in Western history that experienced renewed intellectual scrutiny during the sixteenth century. This paper investigates some of Hotman’s early work on canon law, focusing on his legal–historical reconstruction of the early Church in De statu primitivae Ecclesiae (1553) and his contribution to a budding historical field in Catholic circles: conciliar history. Despite the general lack of interest in the history of councils on the part of some leading Protestant theologians (Luther, Calvin, Bullinger), Hotman clearly believed that the textual tradition of councils provided a prime example of sustained popish efforts to control and deform the historical narrative and the legal structure of the Church. Yet, although he seems to have worked on demonstrating just that over more than forty years, he never again voiced his views on the matter in a dedicated work. Comparing in its conclusion De statu primitivae Ecclesiae with Antitribonian, this paper suggests that, in parallel to his better known ‘complex of Tribonian’ (Pierre Mesnard), Hotman seems to have suffered from a ‘complex of Gratian’: the doctrinal unity and institutional accomplishments of the early Church, as represented by the first councils, may well have dazzled Hotman and kept him from writing some definitive work against Gratian.
ISSN:2077-1444
Contains:Enthalten in: Religions
Persistent identifiers:DOI: 10.3390/rel15101187