The changes due to the adoption of the False Decretals by Nicholas I.
According to the medieval canon law, based on the decretals, and codified in the 13th century in the Corpus juris canonici, by which the earlier powers of metropolitans had been greatly curtailed, the powers of the archbishop consisted in the right (i) to confirm and consecrate suffragan bishops; (2) to summon and preside over provincial synods; (3) to superintend the suffragans and visit their dioceses, as well as to censure and punish bishops in the interests of discipline, the right of deprivation, however, being reserved to the pope; (4) to act as a court of appeal from the diocesan courts; (5) to exercise the jus devolutionis, i.e.
Westfrankischen Karolinger (Freiburg, 1848); but those on the pseudo-Isidorian Decretals (Untersuchung 'Ober Alter, Ursprung, u.
(See Canon Law and Decretals, False.) As every fully equipped university had its faculty of canon law in which the Corpus juris canonici was studied, Rashdall is hardly guilty of exaggeration when he says: " By means of the happy thought of the Bolognese monk the popes were enabled to convert the new-born universities - the offspring of that intellectual new birth of Europe which might have been so formidable an enemy to the papal pretensions - into so many engines for the propagation of Ultramontane ideas."
It was certainly known to Pope Adrian in 778, and was inserted in the false decretals towards the middle of the next century.
He permitted free study of the Aristotelian writings, and issued (1234), through his chaplain, Raymond of Pennaforte, an important new compilation of decretals which he prescribed in the bull Rex pacificus should be the standard text-book in canon law at the universities of Bologna and Paris.
The documents comprise imperial edicts, rescripts, &c., liturgies, acts of councils, decretals and letters of bishops, references in contemporary heathen writings, and above all the works of the Church Fathers.
Just as he considered himself entitled to appoint to all ecclesiastical offices, so also he invested the emperor with his empire and kings with their kingdoms. Not only did he despatch his decretals to the universities to form the basis of the teaching of the canon law and of the decisions founded upon it, but he considered himself empowered to annul civil laws.
Eugenius certainly owed his success merely to the political necessities of the emperor of the East, and his union was forthwith destroyed owing to its repudiation by oriental Christendom; yet at the same time his decretals of union were not devoid of importance, for in them the pope reaffirmed the scholastic doctrine regarding the sacraments as a dogma of the Church, and he spoke as the supreme head of all Christendom.
In these the tendency of the Syllabus towards obscurantism and papal despotism, and its incompatibility with modern thought, were clearly pointed out; and the evidence against papal infallibility, resting, as the Letters asserted, on the False Decretals, and accepted without controversy in an age of ignorance, was ably marshalled for the guidance of the council.
Silvestri), was forged at Rome some time between the middle and end of the 8th century, was included in the 9th century in the collection known as the False Decretals, two centuries later was incorporated in the Decretum by a pupil of Gratian, and in Gibbon's day was still "enrolled among the decrees of the canon law," though already rejected "by the tacit or modest censure of the advocates of the Roman church."
This design was gained the upper hand beyond the Alps and the realized in the celebrated forgery known as the " False Decretals " (see Decretals).
Of Lorraine, against that prince and his brother, the emperor Louis II.; and he combated Hincmar, the powerful metropolitan of Reims. It was in the course of this last dispute that the False Decretals found their way to Rome.
It is only after the False Decretals that we meet with the idea that a bishop cannot be deposed and his place filled without the consent of the pope.
The Fathers of the Church had repeated times without number that the priesthood stands above even the supreme secular authority; the Bible was full of stories most aptly illustrating this theory; nobody questioned that, within the Church, the pope was the Vicar of Christ, and that, as such, his powers were unlimited; as proof positive could be cited councils and decretals - whether authentic or spurious; at any rate all authorized by long usage and taken as received authorities.
The Decretum forbade their alienation to lay proprietors, denounced excommunication against those who refused to pay, and based the right of the Church upon scriptural precedents.6 The decretals contained provisions as to what was and what was not tithable property, as to those privileged from payment, as to sale or hypothecation to laymen, as to priority over state taxes, &c. 7 Various questions which arose later were settled by Boniface VIII.
Chief among them are: (1) The so-called Second Epistle; (2) two Epistles on Virginity; (3) the Homilies and Recognitions; (4) the Apostolical Constitutions; and (5) five epistles forming part of the Forged Decretals (see Decretals).
It became" the starting point of the most momentous and gigantic of medieval forgeries, the Isidorian Decretals," where it stands at the head of the pontifical letters, extended to more than twice its original length."This extension perhaps occurred during the 5th century.
At any rate the letter in this form, along with a" second epistle to James "(on the Eucharist, church furniture, &c.), dating from the early 6th century, had separate currency long before the 9th century, when they were incorporated in the Decretals by the forger who raised the Clementine epistles to five (see Lightfoot, Clement, i.
He was a member of the council of Basel, and dedicated to the assembled fathers a work entitled De concordantia Catholica, in which he maintained the superiority of councils over popes, and assailed the genuineness of the False Decretals and the Donation of Constantine.
It then became necessary to examine the papal claims. He set himself to study the Decretals, and to his amazement and indignation he found that they were full of frauds.
Valla by one vigorous effort destroyed the False Decretals and exposed the Donation of Constantine to ridicule, paving the way for the polemic carried on against the dubious pretensions of the papal throne by scholars of the Reformation.
He then turned his attention to a group of documents relating to ecclesiastical history in the Carolingian period and bearing on the question of false decretals, and produced Les Chartes de St-Calais (1887) and Les Actes de l'eveche du Mans (1894).
In the middle of the 9th century there appeared in Gaul the collection of false decretals commonly known as the PseudoIsidorian Decretals.
The importance assigned by these decretals to the bishops and the provincial councils, as well as to the direct intervention of the Holy See, tended to curtail the rights of the metropolitans, of which Hincmar was so jealous.
Embodied the documents containing the local law, namely 39 decretals of the popes from Siricius (384-398) to Anastasius II.
As was natural this collection received successive additions as further decretals appeared.
Finally, the second part of the Hispana contains the papal decretals, as in the collection of Dionysius.
From the same source and at the same date came two other forged documents - firstly, a collection of Capitularies, in three books, ascribed to a certain Benedict (Benedictus Levita), 2 a deacon of the church of Mainz; this collection, in which authentic documents find very little place, stands with regard to civil legislation exactly in the position of the False Decretals with regard to canon law.
For a study of the historical questions connected with the famous False Decretals, see the article Decretals (False); here we have only to consider them with reference to the place they occupy in the formation of ecclesiastical law.
In spite of some hesitation, with regard rather to the official character than to the historical authenticity of the letters attributed to the popes of the earlier centuries, the False Decretals were accepted with confidence, together with the authentic texts which served as a passport for them.
The False Decretals did not greatly modify nor corrupt the Canon Law, but they contributed much to accelerate its progress towards unity.
Towards the end of the 11th century, under the 1 The collection of the False Decretals has been published with a long critical introduction by P. Hinschius, Decretales PseudoIsidorianae et capitula Angilramni (Leipzig, 1863).
Formation of canon law; it soon became the sole manual, both for teaching and for practice, and even after the publication of the Decretals was the chief authority in the universities.
Richer of them; when necessary, he has recourse to the Roman laws, and he made an extensive use of the works of the Fathers and the ecclesiastical writers; he further made use of the canons of the recent councils, and the recently published decretals, up to and including the Lateran council of 1139.
The second part consists of 36 causae (cases proposed for solution), subdivided into quaestiones (the several questions raised by the case), under each of which are arranged the various canones (canons, decretals, &c.) bearing on the question.
The disciples of Gratian, in glossing or commenting on the Decretum, turned to the papal decretals, as they appeared, for information and the determination of doubtful points.
But we must not forget that these compilations were intended by their authors to complete the Decretum of Gratian; in them were included the decretals called extravagantes, i.e.
Continued to refer to the decretals of Gregory IX.
The first and most important is the work of Bernard, provost and afterwards bishop of Pavia, namely, the Breviarium extravagantium, compiled about 1190; it included the decretals from Alexander III.
The of Pavia, important feature of the book is the arrangement "Brevi- of the decretals or sections of decretals in five books, ariuon.
Sent to the university of Bologna an authentic collection of the decretals issued during the first twelve years of his pontificate; this collection he had c?
This was the Compilatio tertia; for soon after, Joannes Galensis (John of Wales) collected the decretals published between the collection of Bernard of Pavia and the pontificate of Innocent III.; and this, though of later date, became known as the Compilatio secunda.
Quanta, the author of which is unknown, contained the decretals of the last six years of Innocent III., and the important decrees of the Lateran council of 1215.
Made an official presentation to Bologna of his own decretals, this forming the Compilatio quinta.
The result of all these supplements to Gratian's work, apart from the inconvenience caused by their being so scattered, was the accumulation of a mass of material almost as considerable as the Decretum itself, from which they Decretals Y tended to split off and form an independent whole, ixGregory embodying as they did the latest state of the law.
Raymond adopts Bernard of Pavia's division into five books and into titles; in each title he arranges the decretals in chronological order, cutting out those which merely repeat one another and the less germane parts of those which he preserves; but these partes decisae, indicated by the words " et infra " or " et j," are none the less very useful and have been printed in recent editions.
Raymond does not attempt any original work; to the texts already included in the Quinque compilationes, he adds only nine decretals of Innocent III.
Is cited as follows: the opening words of the chapter are given, or else its order or number, then the title to which it belongs; earlier scholars added X (extra); nowadays, this indication is omitted, and the order or number of the title in the book is given 2 By referring to the decretals of Gregory IX.
The reason for this is that in most cases the decretals did not formulate any law, but were merely solutions of particular cases, given as models; to arrive at the abstract law it was necessary to examine the solution in each case with regard to the circumstances and thus formulate a rule; this was the work of the canonists.