RES 



RERIGONIAN Bay, in Ancient Geography, a bay on 

 the northern fide of ancient Britain, now Loch-rain, formed 

 by tin- Mull of Galloway. 



RERIGON1UM, called by fome Rerigonium, a town 

 of the Novanta:, fituated fomewhere in Galloway, according 

 to Camden the prefent Bargeny in Carried; but Horflcy 

 prefers Barton or Strathaven. 



RERONE, in Geography, a river of Italy, which rifes in 

 • the Vicentin, and runs into the Brenta. 



RERRE, a river of Fiance, which runs into the 

 Saudre, about a league above Romorantin. 



RES, Thing. See Reality, Ens, Esse, Substance, &c. 

 Res Mancipi. Sec Abalienation. 

 Res Nalurales. See Naturals. 

 Res Non Nalurales, &c. See Non-naturals, tec. 

 RESAFA, in Ancient Geography, a town of Afia, on 

 the W. fide of the Euphrates. 



RESAIA, a town of Mefopotamia, in Ofrhoene. 

 RESAINA, or Theodosiopolis, Ras-vin, or Ain- 

 verdah, a town of Mefopotamia, upon the banks of the 

 river Chabotas. This town was famous on account of the 

 victory obtained over Sapor by the younger Gordian, in the 

 year 243. Under the empire of Severus, it was elevated to 

 the dignity of a colony ; and under Theodofius it afTumed 

 the name of Theodofiopolis. 



RESAPHE, a town of Palmyrene, according to Pto- 

 lemy ; but Procopius called it Sergiopolis. It was at fome 

 diitance from the Euphrates. 



RESAU or Reuai , in Geography, a town of Germany, 

 in the principality of Culmbach ; 7 miles E.S.E. of Hoff. 

 RESAVA, a river of Servia, which runs into the 

 Paflarovitz. 



RESCEIT, Receptio, in Law, an admiffion or receiv- 

 ing of a third perfon to plead his right, in a caufe formerly 

 commenced between other two. 



As, when an action is brought againft a tenant for life 

 or years, and he makes default ; in fuch cafe he in the re- 

 veriion may come in and pray to be received, to defend the 

 land, and to plead with the demandant. 



Rksceit is alfo fometimes applied to an admittance of 

 plea, though the controverfy be only between two. He 

 in rcverliun may come into court, and pray to be received 

 in a fuit againll his particular tenant. 



Resc ei I of homage, receptio homagii, denotes the lord's re- 

 ceiving homage of Ins tenant, at his admiffion to the lands. 



RESCHOUET, in Geography, a town of Pruffia, in 

 Pomerelia ; 7 miles N.N.E. of Zarnowitz. 



RESCTl'HA, in Ancient Geography, a place of Mefo- 

 potamia, on the banks of the Euphrates ; fituated S. of 

 Corfote, and near to it. 



RESCISSION, R&BCrssiO, formed af re, and fcinilo, 

 •|. d. J cut or divide again, in the Civil Law, an aftion in- 

 tended for the annulling or fetting alide of any deed, con- 

 tract, or the like. 



A thing's being found damaged, or fold at above double 

 the juft value, is a good caufe of rcfeiffion. 



The deed or contract thus annulled, or refcinded, is 

 iometirnes called a rtfeiffory ; though that denomination be 

 more properly given to the adtion brought for refcindiug or 

 letting it alide ; which is properly called a3io refcifforia. 



RESCOUS, or RESCUE, Refcuffus, in Law, an illegal 

 taking away, and fetting at liberty, a diltrefs taken, or a 

 perfon arrelled, by procefs, or courh- of law. This is 

 properly a refcous in fuel. If one diltrain beads for da- 

 mage feafant in hit ground, and as he drives them along 

 the highway towards the pound, they enter into the 

 owner's houfe, and he withholds them there, and will 

 not deliver them upon demand ; this detainer is a refcous 



R E S 



in law. For a refcous, or the taking of good? by force 

 when, in a diftreis, they are in the cultody of the law' 

 winch is considered as an atrocious injury, the diftreiner 

 has a remedy in damages, either by writ of refcous ( F. N. B 

 IOl.), in cafe they were going to the pound, or by writ 

 de parco frado, or pound-breach (ibid. 100.) in cafe fliey 

 were a&ually impounded. Hem. at his option brine 



an adion on the cafe for this injury, and (hall therein, if 

 the diitrefs were .taken for rent, recover treble damage- 

 (Stat. 2 W. & M. fed. 1. c. 5.) In cafe of the forcible 

 delivery of a perfon arretted from the officer who is 

 taking him to prifon, the plaintiff has a fimilar remedy 

 by adion on the cafe, or of refcous (6 Mod. 201.) ; or, 

 if the fheriff makes a return to fuch refcous to the court 

 out of which the procefs iffued, the refcuer will be pu- 

 mfhed by attachment. Cro.Jac.419. Salk.586. See Rescue. 

 He that commits a refcue or refcous, is called the 

 refcuffor. 



Rescous is alfo ufed for a writ which lies for this faCvt, 

 called breve de refcujfu. 



RESCRIPT, RESCBiPTUM.an anfwer delivered by an em- 

 peror, or a pope, when confulted by particular perfons, on fome 

 difficult queltion or point of law, to ferve as a decifion of it. 

 The civil and canon laws are full of fuch refcripts. 

 When the refcript was made in anfwer to the enquiry of 

 a community, it was called a pragmatic /'auction. 



The papal refcripts are a kind of bulls or monitories, be- 

 ginning with thefe words, " Significant nobis dileftus 

 fihus," &c. They never obtained either in England or 

 France, when contrary to the liberties of the Englifh and 

 Gallican churches ; but were declared abufive. 



Among the Romans the contending parties and even the 

 magiftrates themfelves, frequently confulted the emperor 

 on the meafures they were to take in certain and nice dif- 

 ficult cafes ; and the anfwers returned by the emperor on 

 fuch confutations, were called refcripts. Thefe had not, 

 indeed, the full force of laws ; but they were deemed a 

 ilrong prejudice or preemption : and in fucceeding ages, 

 they had the force of perpetual laws, though they ought 

 to be carefully diftinguiflied, by every rational civilian, 

 from thofe general coiiltitutious which had only the nature 

 of things for their guides. 



Juftinian has inferted a great number of them in the 

 Code ; and by that means given them the authority they 

 before wanted. 



The author of the life of the emperor Macrinus obferves 

 of that prince, that he would have his officers judge by 

 laws, not by refcripts; as elteeming it abfurd to admit 

 the wills of ignorant men, fuch as Coinmodus and Cara- 

 calla, for rules of judging ; and becaufe Trajan never 

 gave any refcripts at all, as being loth to countenance a 

 cuftom, where what is frequently granted as a favour, in 

 particular cafes, might be afterwards pleaded as a prece- 

 dent. It is added, that Macrinus had a delign to (trip the 

 refcripts of all their authority. 



M. Schulting, in his Dillertations, does not at 'all ap- 

 prove of this delign ; and to the emperor's reafons anfwers, 

 that indeed all refcripts are not to be admitted ; that thofe 

 which appear dictated out of favour, are to be thrown 

 afide ; but thofe which appear founded in reafon, and 

 natural equity, are, with Juftinian, to be allowed. He 



adds, that it cannot be denied but the worll emperors have 

 frequently made good laws, and ufefu] refcripts. 



As to what is urged of the emperor Trajan's never giving 

 any refcripts, it appears but ill lupported. For what is it 

 but a refcript that he delivers to Pliny on the fubjeet of the 

 Chriftians, lib. x. epift. 28 ? Or that on the Ifdaftici, 

 lib. x. epift. 1 20 I The Digeft, and Pliny's Eplftles, need 

 B 2 only 



