decree (dekre )

[ IMG:content-2186.png:[blocks in formation] On December 7, 1866, the Emperor of Brazil i ued a decree which opened the Amazon to the commerce of all the world from and after September 7, 1867. E. Schuyler , Amer. Diplomacy, p. 342. Specifically-2. In Rom , law , a determination or judgment of the emperor on a suit between parties. Among the Romans, when all legislative power was centered in the emperors, it became the custom to ask for their opinion and decision in disputed cases, Their decisions were called decrees, and formed part of the imperial constitutions. 3. An edict or a law made by an ecclesiastical council for regulating busine within its jurisdiction. The term is used in ecclesiastical history chief. ly as a designation of certain dogmatic and authoritative decisions on disputed points in theology and discipline in the Roman Catholic Church as, the Decrees of the Coun cil of Trent; the Decree of Auricular Confe ion by the Fourth Later an Council. 4. A judicial decision or determination of a litigated cause; specifically, the sentence or order of a court of chancery, or of a court of admiralty or of probate, after a hearing or submi ion of the cause. The word judgment is now used in reference to the decisions of courts having both common law and equity powers. See also act, article, bill, charter, code, constitution, edict, law, ordinance, provision, statute. 5. In theol., one of the eternal purposes of God, whereby for his own glory he has foreordained whatsoever comes to pa . Whether these decrees are absolute or conditional that is, whether they are according to the counsel of his own will, "without any foresight of faith or good works, or any other thing in the creature, as conditions or causes moving him thereto" (West. Conf. of Faith, iii.), or are based upon his fore. knowledge of the character and course of his free creatures-is a contested question, the Calvinists taking the former view, the Arminians the latter. By the decree of God for the manifestation of his glory, some men and angels are predestinated unto everlasting life and others foreordained to everlasting death. West. Conf. of Faith , iii. § 3. 6. The judgment or award of an umpire in a case submitted to him. Absolute decree, a decision that something shall be done with no condition attached to it. Berlin decree, Milan decree, two decrees of Napoleon I. against Great Britain, enforcing his continental system. The first, i ued at Berlin November 21st, 1806, closed against British commerce all continental ports under the control of France (including those of Italy, Spain, Holland, and Germany), confiscated all British merchandise wherever found, forbade correspondence with Great Britain, ordered that all British subjects found within the jurisdiction of France or its allies should be made prisoners of war. The second decree, i ued at Milan December 17th, 1807, declared all neutral ve els connected in any way with British commerce or intercourse to be thereby deneutralized, and ordered that they should be treated as English. Declaratory decree. See declaratory. - Decree arbitral, in Scots law, an award by one or more arbiters. Decree condemn at or. See decree of absolvitor, under absolvitor.- Decree dative, in Scots law, a decree of a commi ary conferring on an executor (not being an executor nominate) the office of executor. Decree in absence, in Scots law, a decree pronounced against a defender who has not appeared or pleaded on the merits of the cause: the same as judgment by default in English common law. - Decree nisi (decree unle ), in Eng. law, a decree conditioned on some future event, usually the default of the adverse party to show cause or to perform a condition. - Decree of absolvitor. See absolvitor. - Decree of constitution. See constitu tion. Decree of locality, in Scots law, a decree of the teind court allocating the modified stipend on the different heritors, in the proportions in which they are to pay it. Decree of modification, in Scots law, a decree of the teind court modifying a stipend to the clergyman, but not allocating it upon the different heritors. Decree of registration, in Scots law, a decree obtained, without an decree action, for payment of money secured by a bond or deed containing a clause of consent to registration for execution. Decree of valuation of teinds, in Scots law, a decree of the teind court determining the extent and value of a heritor's teinds. =Syn. 1 and 3. Edict, Statute, etc. See law1.-4 and 6. Judgment, Order, etc. (see decision ); proclamation, fiat, mandate.