Grotius on Ecclesiastical Counsel and Declarative Rule

Résumé En

This paper takes a fresh look at Hugo Grotius' conception of the relations between ecclesiastical counsel and sovereign power in De imperio summarum potestatum circa sacra (written around 1616-17, published 1647). The aim is to show that Grotius' model is not quite as clear-cut Erastian as many commentators have asserted. This comes clearly into view in his conception of ecclesiastical counsel and in particular in his conception of a specific form of directive rule associated with it that Grotius calls 'declarative'. It gives the church surprisingly deep powers to influence the decision processes of the governing authorities. The church's ability to claim such rule is however subject to a number of conditions limiting it in scope. In fine, I argue, Grotius' model of declarative rule and ecclesiastical counsel is less concerned with demonstration and judgment than with guidance, procedure and deliberation.