Abstract

In lieu of an abstract, here is a brief excerpt of the content:William Durant the Younger and Conciliar TheoryConstantin FasoltWilliam Durant the Younger (c. 1266–1330) had a sharp mind, deep familiarity with the law of his times, and the practical experience necessary to understand exactly what was wrong with what he, like others, called “the state of the church.”1 He also had the ability to argue from principles to conclusions and the courage to state his conclusions in public—at least until his superiors taught him to proceed with greater caution. The results were some rather radical ideas which reverberated through the later Middle Ages and beyond. They are contained in a long treatise on the reform of the church (Tractatus Maior), which he submitted to the council of Vienne in 1311, and a shorter one (Tractatus Minor), which he wrote at the council of Vienne while it was still in session and after having had what appears to have been an unpleasant encounter with Pope Clement V. The purpose of this article is to focus on the underlying significance of his ideas for our understanding of the conciliar movement and its place in European history.The significance of Durant’s ideas ought not to be confused with their influence. Influence is the historian’s term for the efficient causality of ideas. Modern science, according to a wide-spread commonplace, has taught us to [End Page 385] focus our attention on efficient causality to the exclusion of all other possibilities. Merely to take the notion of formal or final causality seriously is likely to create bewilderment and misunderstanding. The great interest historians take in tracing influence thus is perhaps a measure of the tribute they pay to modern science, but it is clear neither that such tribute is deserved nor that modern science wants it. That is at least one good reason why it may be worthwhile to deflect attention from whatever efficient causality (influence) Durant’s ideas may have exercised and focus it on their formal and final causes instead—on the questions what they were and where they led.2What, then, were Durant’s ideas? The treatise that he submitted to the council of Vienne in 1311 bristles with all sorts of complexities. But most of these are superficial. At bottom, it was founded on a few straightforward premises. These premises can be stated and counted in different ways, depending on how closely you want to look, the order in which you want to proceed, and the case you want to argue. For the purposes of this article they are best summed up in three propositions.The first was that actions are right only if they conform to the law of the church. There are many questions that would need to be answered in order to make this a workable principle. For example, what, precisely, is the law of the church? Is it limited to the Bible? If so, all of the Bible, including the Mosaic Law, or only parts of the Bible? Does it perhaps include conciliar canons and papal decretals as well? If so, which canons and which decretals? Are such canons and decretals human law or divine law? What is the relation between human law and divine law in the first place? Who decides the meaning of the law in case of doubts or contradictions? What if someone is ignorant of the law? And perhaps most important: how do you verify that conduct does in fact conform to the law? Durant struggled with those questions and with others like them. But none of the practical and theoretical difficulties they raised ever shook his conviction that they could be answered and that the solution was contained in the holy books and the canonical writings transmitted from antiquity. His entire work rests on one simple idea: to act rightly means to act in conformity with the laws established and transmitted from antiquity.3 And to [End Page 386] judge rightly means to judge actions by those laws.4 Those laws were old, good, and true. They were the real authorities; the people who applied them were merely their servants.The second proposition consisted of Durant’s conviction that the world had fallen away from...