Scientific article
OA Policy
English

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)

Published inReligions, vol. 15, no. 10, 1187
Publication date2024-09-29
First online date2024-09-29
Abstract

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.

Citation (ISO format)
MARTENS, Christian Roland E. 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). In: Religions, 2024, vol. 15, n° 10, p. 1187. doi: 10.3390/rel15101187
Main files (1)
Article (Published version)
Identifiers
Additional URL for this publicationhttps://www.mdpi.com/2077-1444/15/10/1187
Journal ISSN2077-1444
8views
896downloads

Technical informations

Creation17/10/2024 13:39:59
First validation28/10/2025 07:57:36
Update28/10/2025 07:57:36
Status update28/10/2025 07:57:36
Last indexation28/10/2025 07:57:37
All rights reserved by Archive ouverte UNIGE and the University of GenevaunigeBlack