A decree (
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
: ''decretum'', from ''decerno'', "I judge") is, in a general sense, an order or law made by a superior authority for the direction of others. In the usage of the
canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
of the
Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, it has various meanings. Any
papal bull,
brief
Brief, briefs, or briefing may refer to:
Documents
* A letter
* A briefing note
* Papal brief, a papal letter less formal than a bull, sealed with the pope's signet ring or stamped with the device borne on this ring
* Design brief, a type of educ ...
, or ''
motu proprio
In law, ''motu proprio'' (Latin for "on his own impulse") describes an official act taken without a formal request from another party. Some jurisdictions use the term ''sua sponte'' for the same concept.
In Catholic canon law, it refers to a do ...
'' is a decree inasmuch as these documents are legislative acts of the
pope
The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
. In this sense the term is quite ancient.
Pope Siricius
Pope Siricius (334 – 26 November 399) was the bishop of Rome from December 384 to his death. In response to inquiries from Bishop Himerius of Tarragona, Siricius issued the ''Directa'' decretal, containing decrees of baptism, church discipline ...
speaks (Ep. i, ad Himer., c. ii) of the ''decreta generalia'' of Pope Liberius
Pope Liberius (310 – 24 September 366) was the bishop of Rome from 17 May 352 until his death. According to the '' Catalogus Liberianus'', he was consecrated on 22 May as the successor to Pope Julius I. He is not mentioned as a saint in t ...
. The
Roman congregations
In the Roman Curia, a congregation ( lat, Sacræ Cardinalium Congregationes) is a type of department of the Curia. They are second-highest-ranking departments, ranking below the two Secretariats, and above the pontifical councils, pontifical co ...
were formerly empowered to issue decrees in matters which come under their particular jurisdiction, but were forbidden from continuing to do so under
Pope Benedict XV
Pope Benedict XV (Latin: ''Benedictus XV''; it, Benedetto XV), born Giacomo Paolo Giovanni Battista della Chiesa, name=, group= (; 21 November 185422 January 1922), was head of the Catholic Church from 1914 until his death in January 1922. His ...
in 1917. Each
ecclesiastical province
An ecclesiastical province is one of the basic forms of jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United State ...
, and also each
diocese
In Ecclesiastical polity, church governance, a diocese or bishopric is the ecclesiastical district under the jurisdiction of a bishop.
History
In the later organization of the Roman Empire, the increasingly subdivided Roman province, pro ...
may issue decrees in their periodical
synods
A synod () is a council of a Christian denomination, usually convened to decide an issue of doctrine, administration or application. The word '' synod'' comes from the meaning "assembly" or "meeting" and is analogous with the Latin word mea ...
within their sphere of authority.
Decrees can be distinguished between legislative and executory decrees. A general legislative decree enacts law (''lex'') and stands on its own, while executory decrees determine the implementation of a legislative act and are dependent upon such for their efficacy.
Executory decrees can further be distinguished between general executory decrees and singular executory decrees. A general executory decree binds all those for whom the original law was made, while a singular executory decree makes a decision or makes provision for the appointment of a specific office. Precepts are a kind of singular executory decree, which bind specific person(s) to do or refrain from some act, especially to observe the law. Singular executory decrees are administrative acts subject to administrative recourse.
Canon 29 definition
Canon 29 of the 1983 Code of Canon Law offers a definition of general legislative decrees:
The canon reproduces substantial elements (later deleted) of the original draft of what would become canon 7. This canon incorporates a definition which takes its inspiration from
Thomas Aquinas
Thomas Aquinas, OP (; it, Tommaso d'Aquino, lit=Thomas of Aquino; 1225 – 7 March 1274) was an Italian Dominican friar and priest who was an influential philosopher, theologian and jurist in the tradition of scholasticism; he is known wi ...
' definition of human law found in his ''
Treatise on Law
''Treatise on Law'' is Thomas Aquinas' major work of legal philosophy. It forms questions 90–108 of the ''Prima Secundæ'' ("First artof the Second art) of the ''Summa Theologiæ'', Aquinas' masterwork of Scholastic philosophical theology. ...
''.
[''Exegetical commentary'', pg. 261.]
Codifications
The word is also used to denote certain specified collections of church law, e.g.
Gratian
Gratian (; la, Gratianus; 18 April 359 – 25 August 383) was emperor of the Western Roman Empire from 367 to 383. The eldest son of Valentinian I, Gratian accompanied his father on several campaigns along the Rhine and Danube frontiers and wa ...
's Decree (''
Decretum Gratiani
The ''Decretum Gratiani'', also known as the ''Concordia discordantium canonum'' or ''Concordantia discordantium canonum'' or simply as the ''Decretum'', is a collection of canon law compiled and written in the 12th century as a legal textbook b ...
''). In respect of the general legislative acts of the pope there is never doubt as to the universal extent of the obligation; the same may be said of the decrees of a
general council General council may refer to:
In education:
* General Council (Scottish university), an advisory body to each of the ancient universities of Scotland
* General Council of the University of St Andrews, the corporate body of all graduates and senio ...
, e.g. those of the
First Vatican Council
The First Ecumenical Council of the Vatican, commonly known as the First Vatican Council or Vatican I was convoked by Pope Pius IX on 29 June 1868, after a period of planning and preparation that began on 6 December 1864. This, the twentieth ecu ...
.
The
Council of Trent
The Council of Trent ( la, Concilium Tridentinum), held between 1545 and 1563 in Trento, Trent (or Trento), now in northern Italian Peninsula, Italy, was the 19th ecumenical council of the Catholic Church. Prompted by the Protestant Reformation ...
was the first to apply the term indiscriminately to rulings concerning faith and discipline (''decreta de fide, de reformatione'').
Decrees of Roman curial congregations
The Roman congregations were formerly empowered to issue decrees in matters which came under their particular jurisdiction. The decrees of the
Roman congregations
In the Roman Curia, a congregation ( lat, Sacræ Cardinalium Congregationes) is a type of department of the Curia. They are second-highest-ranking departments, ranking below the two Secretariats, and above the pontifical councils, pontifical co ...
(q. v.) 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 the law (''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 the law (''declaratio comprehensiva legis''), such decree binds in similar cases.
Benedict XV's restriction of curial decrees
![Cover of a copy of the 1917 Codex Iuris Canonici (Code of Canon Law)](https://upload.wikimedia.org/wikipedia/commons/0/0c/Cover_of_a_copy_of_the_1917_Codex_Iuris_Canonici_%28Code_of_Canon_Law%29.jpg)
On 15 September 1917, by the ''
motu proprio
In law, ''motu proprio'' (Latin for "on his own impulse") describes an official act taken without a formal request from another party. Some jurisdictions use the term ''sua sponte'' for the same concept.
In Catholic canon law, it refers to a do ...
'' ''Cum Iuris Canonici'',
Pope Benedict XV
Pope Benedict XV (Latin: ''Benedictus XV''; it, Benedetto XV), born Giacomo Paolo Giovanni Battista della Chiesa, name=, group= (; 21 November 185422 January 1922), was head of the Catholic Church from 1914 until his death in January 1922. His ...
made provision for a
pontifical commission charged with interpreting the code and making any necessary modifications as later legislation was issued. New laws would be appended to existing canons in new paragraphs or inserted between canons, repeating the number of the previous canon and adding ''bis'', ''ter'', etc. (e.g. "canon 1567''bis''" in the style of the
civil law) so as not to subvert the ordering of the code, or the existing text of a canon would be completely supplanted. The numbering of the canons was not to be altered.
The Roman congregations were forbidden to issue new general decrees, unless it was necessary, and then only after consulting the pontifical commission charged with amending the code. The congregations were instead to issue instructions on the canons of the code, and to make it clear that they were elucidating particular canons of the code. This was done so as not to make the code obsolete soon after it was promulgated. The
1917 Code was very rarely amended, and then only slightly.
[Metz, ''What is Canon Law?'' pg. 64]
Particular law
The decrees of a national council may not be promulgated until they have received the approval of the pope. The decrees of a provincial synod have no force until they have been approved by Rome. 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 in ''formâ specificâ'' the decrees have the same force as if they emanated from the Apostolic See, though they are binding only in the province for which they are made.
The decrees of a diocesan bishop deal with the administration and good order of his diocese. If they are made during a synod, they are diocesan laws, are usually known as "diocesan statutes", or "synodal statutes", and bind until revoked by the bishop or his successor. If the decrees are extra-synodal, they have force only during the lifetime of the bishop or until he revokes them himself.
See also
*
Decretum Gelasianum
The Gelasian Decree ( la, Decretum Gelasianum) is a Latin text traditionally thought to be a Decretal of the prolific Pope Gelasius I, bishop of Rome from 492–496. The work reached its final form in a five-chapter text written by an anonymous sc ...
Notes
References
Bibliography
*
*Caparros, Ernest. ''Exegetical Commentary on the Code of Canon Law, Volume I: Prepared under the Responsibility of the Martín de Azpilcueta Institute, Faculty of Canon Law, University of Navarre'' (Chicago, Illinois: Midwest Theological Forum, 2004) Edited by Ángel Marzoa, Jorge Miras and Rafael Rodríguez-Ocaña (English language edition General editor: Ernest Caparros; Review coordinator: Patrick Lagges).
*Metz, René. ''What is Canon Law?'', translated from the French by Michael Derrick (New York: Hawthorn Books/Publishers, 1960).
*
Peters, Dr. Edward N. (translator), ''The 1917 or Pio-Benedictine Code of Canon Law: in English Translation with Extensive Scholarly Apparatus'' (San Francisco: Ignatius Press, 2001).
{{law
Catholic canonical documents
Jurisprudence of Catholic canon law
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