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(Latindecretum, fromdecerno, I judge).
In a general sense, an order orlaw made by a superior authority for the direction of others. Inecclesiastical use it has various meanings. Anypapal Bull,Brief, orMotu Proprio is a decree inasmuch as these documents are legislative acts of theHoly Father. In this sense the term is quite ancient.Pope Siricius speaks (Ep. i, ad Himer., c. ii) of thedecreta generalia ofPope Liberius. TheRoman Congregations are empowered to issue decrees in matters which come under their particularjurisdiction. Eachecclesiastical province, and also eachdiocese may issue decrees in their periodicalsynods within their sphere of authority. The word is also used to denote certain specified collections of church law, e.g. The Decree of Gratian (Decretum Gratiani). In respect of the general legislative acts of thepope there is neverdoubt as to the universal extent of theobligation; the same may be said of the decrees of a General Council, e.g. those of theVatican Council. TheCouncil of Trent was the first to apply the term indiscriminately to rulings concerningfaith anddiscipline (decreta de fide, de reformatione). The decrees of theRoman Congregations are certainly binding in each case submitted for judgment. But there are varying opinions as to whether such judgment is to be taken as a rule or general law applying to all similar cases. The common opinion is that when the decisions are enlargements of thelaw (declaratio extensiva legis) the decisions do not bind except in the particular case for which the decree is made. If, however, the decision is not an enlargement, but merely an explanation of thelaw (declaratio comprehensiva legis), such decree binds in similar cases. The decrees of a national council may not bepromulgated until they have received the approval of thepope. The decrees of a provincial synod have no force until they have been approved byRome. This approval is twofold: ordinary (in formâ communi), and specific (in formâ specificâ). The former means that there is nothing which needs correction in the decrees of the synod, and they thereby have force in the province. This is the approval generally given to such decrees. If approval is given informâ specificâ the decrees have the same force as if they emanated from theApostolic See, though they are binding only in the province for which they are made. The decrees of adiocesanbishop deal with the administration and good order of hisdiocese. If they are made during a synod, they arediocesanlaws are usually known as "diocesan statutes", or "synodal statutes", and bind untilrevoked by thebishop or his successor. If the decrees are extra-synodal, they have force only during the lifetime of thebishop or until he revokes them himself. For the so-called "Decretum Gelasianum" see GELASIUS I. For the use of judicialdecreta in canonical procedure seePermaneder in Kirchenlexikon, III, 1442-44. (SeeECCLESIASTICAL CONSTITUTIONS;RESCRIPTS.)
TAUNTON,The Law of the Church (London, 1906); SMITH,Elements of Ecclesiastical Law (New York, 1886); BENEDICT XIV,De Synodo di cesanâ; BOUIXDe Principiis Juris Canonici; FERRARISTheoria et praxis regiminis di cesani.
APA citation.Dunford, D.(1908).Decree. InThe Catholic Encyclopedia.New York: Robert Appleton Company.http://www.newadvent.org/cathen/04670a.htm
MLA citation.Dunford, David."Decree."The Catholic Encyclopedia.Vol. 4.New York: Robert Appleton Company,1908.<http://www.newadvent.org/cathen/04670a.htm>.
Transcription.This article was transcribed for New Advent by Douglas J. Potter.Dedicated to the Sacred Heart of Jesus Christ.
Ecclesiastical approbation.Nihil Obstat. Remy Lafort, Censor.Imprimatur. +John M. Farley, Archbishop of New York.
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