Rescous

An old term, synonymous with "rescue" (g. v.). RESCRIPT In Canon Law. A term Including any form of apostolical letter emanating from the pope. The answer of the pope in writing. Diet. Dr. Canonique. In Civil Law. The answer of the prince, at the request of the parties, respecting some matter in dispute between them, or to magistrates, in relation to some doubtful matter submitted to him. The rescript was differently denommated according to the character of those who sought it. They were called "annotations or "subnotations," when the answer was given at the request of private citizens; "letters" or "epistles," when he answered the consultation of magistrates; "pragmatic sanctions," when he answered a corporation, the citizens of a province, or a municipality. See "Code." At Common Law. A counterpart. judicial court as an appellate tribunal, and the accompanying brief statement of the reasons for the decision sent to the court from which the case was brought.

An old term, synonymous with rescue, which see.

See Rescue. IlESCilIPT.4 1. In Roman law, re- SGvipta were answers returned by the emperor, when consulted on questions of law, either by the parties in some controversy, or, more commonly, by officers charged with the administration of justice.^ In succeeding cases these rescripts had the force of laws, Justinian preserved them in his Institutes. Decretal epistles of the popes are also rescripts in the strictest sense.** 2. In common law, a counterpart. In Massachusetts, the statement of the decision of the highest appellate tribunal; also, the brief statement sent to the court a quo, 1 American Wine Co. v. Brasher, 4 Mc Craiy, 247 (1882), cases, Hallett, D. J. See also 18 Cent. Law J. 482-87 (1884), cases; 19 id. 7-9 (1884), cases; 53 Cal. 46; 68 Ga, 103; 75 111, 206; 91 N, Y. 155; 44 Pa. 13, cases; 1 Story," Eq. §§ 692-705; 3 Pomeroy, Eq. §§ 84^-71. a Ferry v. Clarke, 77 Va. 409, 406-S (1883), cases, Lacy, J.; Linhart v. Foreman, ib. 540 (1883); Mc MuUin v. Sanders, 79 id. 364 (1884), cases. 3 Warner u Vallity, 13 R. I. 484r^7 (1882), cases, Durfee, C J. ■*F. rescript., a written reply: L. re'Scriptum, written back.

A resistance against lawful authority; also, the name of an old writ which lay to redress such resistance. As, for instance, the taking back by force goods which have been taken under a distress, or the violently taking away a man who is under arrest, and setting him at liberty, or otherwise procuring his escape, are both so denominated; and for either, writs of rescoua used to lie, as now an ordinary prosecution for the rescue lies against such offenders, offending parties, or rescussors, as they were termed. Brown.