Friedr. Maassen (R.C.): Geschichte der Quellen und d. Literatur des canonischen Rechts im
Abendlande. 1st vol., Gratz, 1870.
Comp. also for the whole history the great work of F. C. von Savigny: Geschichte des Röm. Rechts
im Mittelalter. Heidelb. 2nd ed. 1834–’51, 7 vols.
See also the Lit. in vol. II. § 67.
During the chaotic confusion under the Carolingians, in the middle of the ninth century, a
mysterious book made its appearance, which gave legal expression to the popular opinion of the
papacy, raised and strengthened its power more than any other agency, and forms to a large extent
the basis of the canon law of the church of Rome. This is a collection of ecclesiastical laws under
the false name of bishop Isidor of Seville (died 636), hence called the "Pseudo-Isidorian Decretals."^264
He was the reputed (though not the real) author of an earlier collection, based upon that of the
Roman abbot, Dionysius Exiguus, in the sixth century, and used as the law-book of the church in
Spain, hence called the "Hispana." In these earlier collections the letters and decrees (Epistolae
Decretales) of the popes from the time of Siricius (384) occupy a prominent place.^265 A decretal in
the canonical sense is an authoritative rescript of a pope in reply to some question, while a decree
is a papal ordinance enacted with the advice of the Cardinals, without a previous inquiry. A canon
is a law ordained by a general or provincial synod. A dogma is an ecclesiastical law relating to
doctrine. The earliest decretals had moral rather than legislative force. But as the questions and
appeals to the pope multiplied, the papal answers grew in authority. Fictitious documents, canons,
and decretals were nothing new; but the Pseudo-Isidorian collection is the most colossal and effective
fraud known in the history of ecclesiastical literature.
- The contents of the Pseudo-Isidorian Decretals. The book is divided into three parts. The
first part contains fifty Apostolical Canons from the collection of Dionysius, sixty spurious decretals
of the Roman bishops from Clement (d. 101) to Melchiades (d. 314). The second part comprehends
the forged document of the donation of Constantine, some tracts concerning the Council of Nicaea,
and the canons of the Greek, African, Gallic, and Spanish Councils down to 683, from the Spanish
collection. The third part, after a preface copied from the Hispana, gives in chronological order the
decretals of the popes from Sylvester (d. 335) to Gregory II. (d. 731), among which thirty-five are
forged, including all before Damasus; but the genuine letters also, which are taken from the Isidorian
collection, contain interpolations. In many editions the Capitula Angilramni are appended.
All these documents make up a manual of orthodox doctrine and clerical discipline. They
give dogmatic decisions against heresies, especially Arianism (which lingered long in Spain), and
directions on worship, the sacraments, feasts and fasts, sacred rites and costumes, the consecration
of churches, church property, and especially on church polity. The work breathes throughout the
spirit of churchly and priestly piety and reverence.
(^264) The preface begins: "Isidorus Mercator servus Christi lectori conservo suo et parenti suo in Domino fideli (al. fidei)
salutem.’ The byname "Mercator," which is found in 30 of the oldest codices, is so far unexplained. Some refer it to Marius
Mercator, a learned Occidental layman residing in Constantinople, who wrote against Pelagius and translated ecclesiastical
records which pseudo-Isidorus made use of. Others regard it as a mistake for " Peccator" (a title of humility frequently used by
priests and bishops, e.g. by St. Patrick in his " Confession"), which is found in 3 copies. " Mercatus" also occurs it, several
copies, and this would be equivalent to redemptus, " Isidorus, the redeemed servant of Christ." See Hinschius and Richter, l.c.
(^265) The original name was decretale constitutum or decretalis epistola, afterwards decretalis. See Richter, l.c. p. 80.