FOOTNOTE:

[1] Distinguish "coy," affectedly shy or modest, from O. Fr. _coi_,

Lat. _quietus_, quiet.

DECREE (from the past participle, _decretus_, of Lat. _decernere_), in

earlier form _Decreet_, an authoritative decision having the force of

law; the judgment of a court of justice. In Roman law, a decree

(_decretum_) was the decision of the emperor, as the supreme judicial

officer, settling a case which had been referred to him. In

ecclesiastical law the term was given to a decision of an ecclesiastical

council settling a doubtful point of doctrine or discipline (cf. also

DECRETALS). In English law decree was more particularly the judgment of

a court of equity, but since the Judicature Acts the expression

"judgment" (q.v.) is employed in reference to the decisions of all the

divisions of the supreme court. A "decree _nisi_" is the conditional

order for a dissolution of marriage made by the divorce court, and it is

made "absolute" after six months (which period may, however, be

shortened) in the absence of sufficient cause shown to the contrary.

(See DIVORCE.) _Decreet arbitral_ is a Scottish phrase for the award of

an arbitrator.

DECRETALS (_Epistolae decretales_), the name (see DECREE above), which

is given in Canon Law to those letters of the pope which formulate

decisions in ecclesiastical law; they are generally given in answer to

consultations, but are sometimes due to the initiative of the popes.

These furnish, with the canons of the councils, the chief source of the

legislation of the church, and form the greater part of the _Corpus

Juris_. In this connexion they are dealt with in the article on Canon

Law (q.v.).

_The False Decretals._ A special interest, however, attaches to the

celebrated collection known by this name. This collection, indeed,

comprises at least as many canons of councils as decretals, and the

decretals contained in it are not all forgeries. It is an amplification

and interpolation, by means of spurious decretals, of the canonical

collection in use in the Church of Spain in the 8th century, all the

documents in which are perfectly authentic. With these amplifications,

the collection dates from the middle of the 9th century. We shall give a

brief account of its contents, its history and its influence on canon

law.

The author assumes the name of Isidore, evidently the archbishop of

Seville, who was credited with a preponderating part in the compilation

of the _Hispana_; he takes in addition the surname of Mercator, perhaps

because he has made use of two passages of Marius Mercator. Hence the

custom of alluding to the author of the collection under the name of the

pseudo-Isidore.

The collection itself is divided into three parts. The first, which is

entirely spurious, contains, after the preface and various introductory

sections, seventy letters attributed to the popes of the first three

centuries, up to the council of Nicaea, i.e. up to but not including St

Silvester; all these letters are a fabrication of the pseudo-Isidore,

except two spurious letters of Clement, which were already known. The

second part is the collection of councils, classified according to their

regions, as it figures in the _Hispana_; the few spurious pieces which

are added, and notably the famous Donation of Constantine, were already

in existence. In the third part the author continues the series of

decretals which he had interrupted at the council of Nicaea. But as the

collection of authentic decretals does not begin till Siricius (385),

the pseudo-Isidore first forges thirty letters, which he attributes to

the popes from Silvester to Damasus; after this he includes the

authentic decretals, with the intermixture of thirty-five apocryphal

ones, generally given under the name of those popes who were not

represented in the authentic collection, but sometimes also under the

names of the others, for example, Damasus, St Leo, Vigilius and St

Gregory; with one or two exceptions he does not interpolate genuine

decretals. The series stops at St Gregory the Great (d. 604), except for

one letter of Gregory II. (715-731). The forged letters are not, for the

most part, entirely composed of fresh material; the author draws his

inspiration from the notices on each of the popes given in the _Liber

Pontificalis_; he inserts whole passages from ecclesiastical writers;

and he antedates the evidences of a discipline which actually existed;

so it is by no means all invented.

Thus the authentic elements were calculated to serve as a passport for

the forgeries, which were, moreover, quite skilfully composed. In fact,

the collection thus blended was passed from hand to hand without meeting

with any opposition. At most all that was asked was whether those

decretals which did not appear in the _Liber canonum_ (the collection of

Dionysius Exiguus, accepted in France) had the force of law, but Pope

Nicholas having answered that all the pontifical letters had the same

authority (see _Decr. Gra._ Dist. xix. c. 1), they were henceforward

accepted, and passed in turn into the later canonical collections. No

doubts found an expression until the 15th century, when Cardinal

Nicholas of Cusa (d. 1464) and Juan Torquemada (d. 1468) freely

expressed their suspicions. More than one scholar of the 16th century,

George Cassander, Erasmus, and the two editors of the _Decretum_ of

Gratian, Dumoulin (d. 1568) and Le Conte (d. 1577), decisively rejected

the False Decretals. This contention was again upheld, in the form of a

violent polemic against the papacy, by the Centuriators of Magdeburg

(_Ecclesiastica historia_, Basel, 1559-1574); the attempt at refutation

by the Jesuit Torres (_Adversus Centur. Magdeburg. libri quinque_,

Florence, 1572) provoked a violent rejoinder from the Protestant

minister David Blondel (_Pseudo-Isidorus et Turrianus rapulantes_,

Geneva, 1620). Since then, the conclusion has been accepted, and all

researches have been of an almost exclusively historical character. One

by one the details are being precisely determined, and the question may

now almost be said to be settled.

Date.

In the first place, an exact determination of the date of the collection

has been arrived at. On the one hand, it cannot go back further than

847, the date of the False Capitularies, with which the author of the

False Decretals was acquainted.[1] On the other hand, in a letter of

Lupus, abbot of Ferrieres, written in 858, and in the synodical letter

of the council of Quierzy in 857 are to be found quotations which are

certainly from these false decretals; and further, an undoubted allusion

in the statutes given by Hincmar to his diocese on the 1st of November

852. The composition of the collection must then be dated approximately

at 850.

Aim of the author.

The object which the forger had in view is clearly stated in his

preface; the reform of the canon law, or rather its better application.

But, again, in what particular respects he wishes it to be reformed can

be best deduced from certain preponderant ideas which make themselves

felt in the apocryphal documents. He constantly harps upon accusations

brought against bishops and the way they were judged; his wish is to

prevent them from being unjustly accused, deposed or deprived of their

sees; to this end he multiplies the safeguards of procedure, and secures

the right of appeal to the pope and the possibility of restoring bishops

to their sees. His object, too, was to protect the property, as well as

the persons, of the clergy against the encroachments of the temporal

power. In the second place, Isidore wishes to increase the strength and

cohesion of the churches; he tries to give absolute stability to the

diocese and the ecclesiastical province; he reinforces the rights of the

bishop and his comprovincials, while he initiates a determined campaign

against the _chorepiscopi_; finally, as the keystone of the arch he

places the papacy. These aims are most laudable, and in no way

subversive; but the author must have had some particular reasons for

emphasizing these questions rather than others; and the examination of

these reasons may help us to determine the nationality of this

collection.

Nationality of the collection.

The name of Isidore usurped by the author at first led to the

supposition that the False Decretals originated in Spain; this opinion

no longer meets with any support; it is enough to point out that there

is no Spanish manuscript of the collection, at least until the 13th

century. In the 16th century the Protestants, who wished to represent

the forgeries in the light of an attempt in favour of the papacy,

ascribed the origin of the False Decretals to Rome, but neither the

manuscript tradition nor the facts confirm this view, which is nowadays

entirely abandoned. Everybody is agreed in placing the origin of the

False Decretals within the Frankish empire. Within these limits, three

different theories have successively arisen: "At first it was thought

that Isidore's domicile could be fixed in the province of Mainz, it is

now about fifty years ago that the balance of opinion was turned in

favour of the province of Reims; and now, after the lapse of about

twenty years, several authors have suggested the province of Tours" (P.

Fournier, _Etude sur les Fausses Decretales_). In favour of Mainz,

especial stress was laid on the fact that it was the country of

Benedictus Levita, the compiler of the False Capitularies, to which the

False Decretals are closely related. But Benedict, the deacon of Otgar

of Mainz, is as much of a hypothetical personage as Isidorus Mercator;

moreover, in the middle of the 9th century the condition of the province

of Mainz was not disturbed, nor were the _chorepiscopi_ menaced. In

favour of Reims, it has been pointed out that it was there that the

first judicial use of the False Decretals is recorded, in the trials of

Rothad, bishop of Soissons (d. 869), and of Hincmar the younger, bishop

of Laon (d. c. 882); and an application of the axiom has been attempted:

_Is fecit cui prodest_. But both these trials took place later than 852,

at which date the existence of the collection is an established fact;

the texts of it were used, but they were in existence before. Between

847 and 852, the province of Reims was disturbed by another affair, that

of the clergy ordained by Ebbo at the time of his short restoration to

the see of Reims, in 840-841; these clerics, Vulfadus (afterwards

archbishop of Bourges), and a few others, had been suspended by Hincmar

on his election in 845. But the affair of Ebbo's clergy did not become

critical till the council of Soissons in 853; up till then these clergy

had, so far as we know, produced no documents, and the citations from

the False Decretals made in their later writings do not prove that they

had forged them. Moreover, Hincmar would not have cited the forged

letters of the popes in 852; above all, this theory would not explain

the chief preoccupation of the forger, which is to protect bishops

against unjust judgments and depositions. We must, then, look for

conditions in which the bishops were concerned. It is precisely this

which has suggested the province of Tours. Brittany, which was dependent

on the province of Tours, had just for a time recovered its

independence, thanks to its duke Nominoe. The struggle between the two

nationalities, the Celt and the Frank, found a reflexion in the sphere

of religion. The Breton bishops were for the most part abbots of

monasteries, who had but little consideration for the territorial limits

of the civitates; and many of the religious usages of the Bretons

differed profoundly from those of the Franks. Charlemagne had divided up

the Breton dioceses and established in them Frankish bishops. Nominoe

hastened to depose the four Frankish bishops, after wringing from them

by force confessions of simony; he then established a metropolitan see

at Dol. Hence arose incessant complaints on the part of the dispossessed

bishops, of the metropolitan of Tours, and his suffragans, notably those

of Angers and Le Mans, which were more exposed than the others to the

incursions of the Bretons; and this gave rise to numerous papal letters,

and all this throughout a period of thirty years. There were requests

that the bishops should be judged according to the rules, protests

against the interlopers, demands for the restoration of the bishops to

their sees. These circumstances fall in perfectly with the questions

about which, as we have pointed out, the pseudo-Isidore was mainly

concerned: the judgment of bishops, and the stability of the

ecclesiastical organizations.

In the province of Tours, attempts have been made to define more clearly

the centre of the forgeries, and the most recent authorities fix upon Le

Mans. The sole argument, though a very weighty one, is found in the

undeniable relation, revealed in an astonishing similarity both in

expressions and composition, which exists between these forgeries and

some other documents certainly fabricated at Le Mans, under the

episcopate of Aldric (832-856), notably the _Actus Pontificum Cenomanis

in urbe degentium_, in which there is no lack of forged documents. These

certainly bear the mark of the same hand.

Canonical influence.

Though we cannot admit that the False Decretals were composed in order

to enforce the rights of the papacy, we may at least consider whether

the popes did not make use of the False Decretals to support their

rights. It is certain that in 864 Rothad of Soissons took with him to

Rome, if not the collection, at least important extracts from the

pseudo-Isidore; M. Fournier has pointed out in the letters of the pope

of that time, "a literary influence, which is shown in the choice of

expressions and metaphors," notably in those passages relating to the

_restitutio spolii_; but he concludes by affirming that the ideas and

acts of Nicholas were not modified by the new collection: even before

864 he acted in affairs concerning bishops, e.g. in the case of the

Breton bishops or the adversaries of Photius, patriarch of

Constantinople, exactly as he acted later; all that can be said is that

the False Decretals, though not expressly cited by the pope, "led him to

accentuate still further the arguments which he drew from the decrees of

his predecessors," notably with regard to the _exceptio spolii_. In the

papal letters of the end of the 9th and the whole of the 10th century,

only two or three insignificant citations of the pseudo-Isidore have

been pointed out; the use of the pseudo-Isidorian forged documents did

not become prevalent at Rome till about the middle of the 11th century,

in consequence of the circulation of the canonical collections in which

they figured; but nobody then thought of casting any doubts on the

authenticity of those documents. One thing only is established, and this

may be said to have been the real effect of the False Decretals, namely,

the powerful impulse which they gave in the Frankish territories to the

movement towards centralization round the see of Rome, and the legal

obstacles which they opposed to unjust proceedings against the bishops.

BIBLIOGRAPHY.--The best edition is that of P. Hinschius, _Decretales

pseudo-Isidorianae et capitula Angilramni_ (Leipzig, 1863). In it the

authentic texts are printed in two columns, the forgeries across the

whole width of the page; an important preface of ccxxviii. pages

contains, besides the classification of the MSS., a profound study of

the sources and other questions bearing on the collection. After the

works cited above, the following dissertations should be noted.

Placing the origin of the False Decretals at Rome is: A. Theiner, _De

pseudo-Isidoriana canonum collectione_ (Breslau, 1827); at Mainz, the

brothers Ballerini, _De antiquis collectionibus et collectoribus

canonum_, iii. (_S. Leonis opera_, t. iii.; Migne, _Patrologia Lat._

t. 56); Blascus, _De coll. canonum Isidori Mercatoris_ (Naples, 1760);

Wasserschleben, _Beitrage zur Geschichte der falschen Dekretalen_

(Breslau, 1844); in the province of Reims: Weizsacker, "Die

pseudoisidorianische Frage," in the _Histor. Zeitschrift_ of Sybel

(1860); Hinschius, Preface, p. ccviii.; A. Tardif, _Histoire des

sources du droit canonique_ (Paris, 1887); Schneider, _Die Lehre der

Kirchenrechtsquellen_ (Regensburg, 1892). An excellent resume of the

question; seems more favourable to Le Mans in the article of the

_Kirchenlexicon_ of Wetzer and Welte (2nd ed.); F. Lot, _Etudes sur le

regne de Hugues Capet_ (Paris, 1903); Lesne, _La Hierarchie episcopale

en Gaule et Germanie_ (Paris, 1905); for the province of Tours and Le

Mans: B. Simson, _Die Entstehung der pseudoisidor. Falschungen in Le

Mans_ (Leipzig, 1886. It is he who pointed out the connexion with the

forgeries of Le Mans); especially Paul Fournier, "La Question des

fausses decretales," in the _Nouvelle Revue historique de droit

francais et etranger_ (1887, 1888); in the _Congres internat. des

savants cathol._ t. ii.; "Etude sur les fausses decretales," in _Revue

d'histoire ecclesiastique de Louvain_ (1906, 1907), to which the above

article is greatly indebted. (A. Bo.*)

Encyclopaedia Britannica, 11th Edition, "David, St" to "Demidov" Volume 7, Slice 10 · 第 35 / 56 题