| 释义 |
▪ I. decree, n.|dɪˈkriː|
Also 4–6 decre.
[a. OF. decré, var. of decret (in pl. decrez, decres) = Pr. decret, Sp., It. decreto, ad. L. dēcrētum, subst. use of neuter of dēcrētus, pa. pple. of dēcernĕre to decree: see decern.]
1. An ordinance or edict set forth by the civil or other authority; an authoritative decision having the force of law.
c1325E.E. Allit. P. B. 1745 Þen watz demed a de-cre bi þe duk seluen. c1330R. Brunne Chron. (1810) 122 At London þei wer atteynt, decre was mad for þate. 1483Cath. Angl. 92 A Decree, decretum. 1596Shakes. Merch. V. iv. i. 102 There is no force in the decrees of Venice. 1637(title), A Decree of the Starre-Chamber concerning Printing. 1697Dryden Virg. Georg. iii. 7 The dire Decrees Of hard Euristheus. 1796H. Hunter tr. St.-Pierre's Stud. Nat. (1799) III. 639 The Constituent Assembly..abolished, by it's decree of September 1791, the justice which it had done to persons of colour in the Antilles. 1821J. Q. Adams in C. Davies Metr. Syst. iii. (1871) 140 This report was sanctioned by a decree of the assembly. 1851Tennyson To the Queen ix, To take Occasion by the hand, and make The bounds of freedom wider yet By shaping some august decree.
fig.1596Shakes. Merch. V. i. ii. 20 The braine may deuise lawes for the blood, but a hot temper leapes ore a colde decree. 1697Dryden Virg. Georg. i. 289 Whether by Nature's Curse, Or Fate's Decree.
2. Eccl. An edict or law of an ecclesiastical council, usually one settling some disputed or doubtful point of doctrine or discipline; in pl. the collection of such laws and decisions, forming part of the canon law. (Cf. decretal.)
1303R. Brunne Handl. Synne 4640 Hyt ys forbode hym, yn þe decre, Myracles for to make or se. 1377Langl. P. Pl. B. xv. 373 Doctoures of decres and of diuinite Maistres. 1393Gower Conf. I. 257 The pope..hath made and yove the decre. 1531in W. H. Turner Select. Rec. Oxford 95 Master Morgan Johns, bachelor of decrees. 1564(title), A godly and necessarie Admonition of the Decrees and Canons of the Counsel of Trent. 1691Wood Ath. Oxon. I. 20 He was..admitted to the extraordinary reading of any Book of the Decretals, that is to the degree of Bach. of Decrees, which some call the Canon Law. 1726Ayliffe Parergon p. xxxvii, A Decree is an Ordinance which is enacted by the Pope himself, by and with the advice of his Cardinals in Council assembled, without being consulted by any one thereon. 1843Penny Cycl. XXV. 189/1 The king and the queen-mother promised..that they would accept the decrees of the Council [of Trent]. 1893P. T. Forsyth in Faith & Criticism 106 If that infallibility be carried beyond Himself..there is no logical halting-place till we arrive at the Vatican Decrees.
3. Theol. One of the eternal purposes of God whereby events are foreordained.
1570B. Googe Pop. Kingd. i. (1880) 1 All the Deuils deepe in hell, at his decrees doe quake. 1648Assembly's Larger Catech. Q. 12 God's Decrees are the wise, free, and holy acts of the counsel of his will, whereby from all eternity, he hath, for his own glory, unchangeably fore-ordained whatsoever comes to passe in time. a1711Ken Hymnarium Poet. Wks. 1721 II. 108 Her Conscience tells her God's Decree Full option gave, and made her free. 1860Motley Netherl. (1868) I. i. 4 Philip stood enfeoffed, by divine decree, of..possessions far and near.
4. Law. A judicial decision. In various specific uses:
a. Rom. Law. A decision given by the emperor on a question brought before him judicially.
1776–81Gibbon Decl. & F. xliv, The rescripts of the emperor, his grants and decrees, his edicts and pragmatic sanctions, were subscribed in purple ink. 1880Muirhead Gaius i. §5 An imperial constitution is what the emperor has established by decree, edict, or letter. It has never been disputed that such a constitution has the full force of a lex.
b. Eng. Law. The judgement of a court of equity, or of the Court of Admiralty, Probate, and Divorce. But since the Judicature Act of 1873–5, the term ‘judgement’ is applied to the decisions of courts having both common law and equity powers.
Decree is still used in Admiralty cases. In Divorce cases, a decree is an order of the Court declaring the nullity of dissolution of marriage, or the judicial separation of the parties. decree nisi: the order made by the court for divorce, which remains conditional for at least six months, after which, unless cause to the contrary is shown, it is made absolute. In Ecclesiastical cases, decree is a special form of citation of the party to the suit.
1622Callis Stat. Sewers (1647) 231 A Decree is..only a Sentence of Judgement in a Court of Justice, delivered or declared by the Judges there. 1735Col. Rec. Pennsylv. IV. 39 But two Causes, and both by Consent, have been brought to a Decree. 1768Blackstone Comm. III. 451 When all are heard, the court pronounces the decree, adjusting every point in debate according to equity and good conscience. 1848Wharton Law Lex. s.v., Courts of equity may adjust their decrees so as to meet different exigencies..whereas courts of common law are bound down to a fixed and invariable form of judgment. 1860,1872[see nisi]. 1873Act 36 & 37 Vict. c. 66 §100 In the construction of this Act..the several words herein-after mentioned shall have, or include, the meanings following; (that is to say)..‘Judgment’ shall include Decree. 1873Phillimore Eccles. Law 1254 These decrees or citations are signed by the Registrar of the Court. 1892Geary Law of Marriage 354 A decree of judicial separation may be subsequently turned into a decree for dissolution. 1893Barnes in Law Rep. Probate Div. 154 The decree I make will be: that the crew other than the captain shall receive salvage according to their ratings. a1894Mod. Newspr., A decree nisi was pronounced. The decree was made absolute. 1922[see absolute a. 5 c]. 1934A. P. Herbert Holy Deadlock 163 She was a lonely decree-nisi mongrel of a woman.
c. Sc. Law. The final judgement or sentence of a civil court, whereby the question at issue between the parties is decided; strictly, a judgement which can be put in force by containing the executive words ‘and decerns’: cf. decerniture.
Decrees are said to be condemnator or absolvitor according as the decision is in favour of the pursuer or the defender. A decree in absence is a decree pronounced against a defender who has not appeared and pleaded on the merits of the cause = ‘Judgement by Default’ in English Common Law. decree of registration is a decree fictione juris of a court, interposed without the actual intervention of a judge, in virtue of the party's consent to a decree going out against him. decree arbitral: an award by one or more arbiters: see arbitral. decree dative: see dative. decree of locality, modification, and valuation of teinds: various decisions of the Teind Court. (Bell, Dict. Law Scotl. 1861.) Cf. earlier decreet 1 b.
1754Erskine Princ. Sc. Law (1809) 484 Before horning could pass on the decree of an inferior judge, the decree was, by our former practice, to have been judicially produced before the Session, and their authority interposed to it by a new decree. 1861W. Bell Dict. Law Scot. s.v., The decree issued by the Court of Session in aid of the inferior court decree, was called a decree conform. 1877Mackay Practice Crt. Session I. 581 The term decree is now sometimes used interchangeably with interlocutor, though it might be convenient to apply the former to a final determination by which the whole or a substantive part of the cause is decided, and the latter to an order pronounced in its course.
▪ II. decree, v.|dɪkriː|
Also 6 decre, decrey.
[f. decree n.: cf. F. décréter, f. décret.]
1. trans. To command (something) by decree; to order, appoint, or assign authoritatively, ordain.
1399Rolls of Parlt. III. 424/1 [Their] Commissaries..declared and decreed, and adjugged yowe fore to be deposed and pryved..of the Astate of Kyng. 1538Starkey England i. i. 20 No partycular mean by cyuyle ordynance decred. 1590Marlowe Edw. II, Wks. (Rtldg.) 194/2 The stately triumph we decreed. a1627Middleton Mayor of Q. iv. ii, Upon the plain of Salisbury A peaceful meeting they decreen. 1637Decree Star Chamber §11 It is further Ordered and Decreed, that no Merchant, Bookseller..shall imprint..any English bookes [etc.]. a1718Rowe (J.), Their father..has decreed His sceptre to the younger. 1858Froude Hist. Eng. III. xii. 13 The English parliaments were..decreeing the dissolution of the smaller monasteries. 1876J. H. Newman Hist. Sk. I. iii. i. 309 The cities sent embassies to him, decreeing him public honours.
b. fig. To ordain as by Divine appointment, or by fate.
c1580C'tess Pembroke Ps. (1823) cxix. B. iii, What thou dost decree. 1594Hooker Eccl. Pol. i. ii. (1611) 4 Wherewith God hath eternally decreed when and how they should be. 1601Shakes. Twel. N. i. v. 330 What is decreed, must be: and be this so. 1795Southey Joan of Arc vi. 68 For Heaven all-just Hath seen our sufferings and decreed their end. 1841Lane Arab. Nts. I. 111 Give me patience, O Allah, to bear what Thou decreest.
2. Law. † To pronounce judgement on (a cause), decide judicially (obs.); to order or determine by a judicial decision; to adjudge; absol. to give judgement in a cause.
1530Palsgr. 509/1, I shall decree it or it be to morowe noone. 1570Levins 46/39 To Decree, decernere. 1621H. Elsing Debates Ho. Lords (Camden) 112 He decreed the cause not hearing any one wytnesse. 1818Cruise Digest (ed. 2) I. 469 It was decreed to be a resulting trust for the grantor. Ibid. VI. 489 Lord Bathurst decreed accordingly. 1891Law Reports Weekly Notes 43/1 The Court would not decree specific performance of a contract of service.
3. To decide or determine authoritatively; to pronounce by decree.
a1571Jewel Serm. Haggai i. 4 Our fathers in the Councill holden at Constance..have decreed..that, to minister the Communion to a lay man under both kinds, is an open heresie. 1651Hobbes Leviath. ii. xxii. 116 Whatsoever that Assembly shall Decree. 1837Carlyle Fr. Rev. I. v. ii, The Third Estate is decreeing that it is, was, and will be nothing but a National Assembly.
†b. to decree (a person) for: to put him down as, pronounce him to be. Obs. rare.
1616Beaum. & Fl. Scornful Lady iv. i, Such a Coxcomb, such a whining Ass, as you decreed me for when I was last here.
†4. To determine, resolve, decide (to do something). Obs. or arch.
1526Pilgr. Perf. (W. de W. 1531) 86 b, Decreyinge with them selfe..to beare and suffre all thynges. 1599Shakes. Much Ado i. iii. 35, I haue decreed not to sing in my cage. 1697Dryden Virg. Georg. iv. 333 When thou hast decreed to seize their Stores. 1754Fielding Jon. Wild iv. viii, Here we decreed to rest and dine. 1871R. Ellis Catullus viii. 17 Who decrees to live thine own?
5. absol. or intr. To decide, determine, ordain.
1591Spenser Ruines of Rome vi. 11 So did the Gods by heavenly doome decree. 1600Shakes. A.Y.L. i. ii. 111 As the destinies decrees. 1647–8Sir C. Cotterell Davila's Hist. Fr. (1678) 3 Laws, decreed of in the fields [of battle]. 1667Milton P.L. iii. 172 As my Eternal purpose hath decreed.
Hence deˈcreed ppl. a., deˈcreeing vbl. n. and ppl. a.
1548Udall, etc. Erasm. Par. Phil. ii. (R.), Suche was the decreed wyll of the father. 1591Spenser Ruins of Time 35 Bereft of both by Fates vniust decreeing. 1618Bolton Florus iii. xxi. 242 Hee laboured by the law of Sulpitius to take from Sulla his decreed employment. 1878Seeley Stein II. 133 The decreeing and executing Power not being combined. |