Page:Catholic Encyclopedia, volume 12.djvu/873

 RERUM

783

RESCRIPTS

O grant that in life's eventide Thy light may e'er with us abide, etc. The authorship of the hymns for Terce, Sext, and None is now ascribed only very doubtfully to St. Ambrose. They are not given to the saint by the Benedictine editors (see Ambrosian Hymnography), but are placed by Biraghi amongst his inni sinceri, since they are found in all the MSS. of the churches of Milan. Daniel (I, 23; IV, 13, 17) thinks that much longer hymns for the hours were replaced by the present ones. Pimont disagrees with Daniel and argues that the saint may well have composed two sets of hymns for the hours. However, the researches of Blume (1908) show that the primitive Benedictine cycle of hymns, as attested by the Rules of Csesarius and Aurelian of Aries, did not include these hymns, but assigned for Terce, Sext, and None (for Easter- tide) the hymns: "Jam surgit hora tertia", "Jam sexta sensim volvitur", "Ter hora trina volvitur"; the earliest MSS. of the cycle give for these hours, for the remainder of the year, the hymns: "Certum tenentes ordinem", "Dicamus laudes Domino", "Perfectum trinum numerum"; while other MSS. give as variants for Lent: "Dei fide qua vivimus", " Meridie orandum est", "Sic ter quaternis trahitur". This Benedictine cycle was replaced throughout Western Christendom by a later one, as shown by Irish and English MSS., which give the present hymns for the little hours.

JuuAN, Diet, of Hymiiology, 3. v., for translations, etc. .See article Rector Potens Verax DeTjS for additional Catholic tra. by Bagshawe, Donahoe. Russell, Henry; also for reference to Pimont and H, A. & A/., Hist. Ed, (the introduction of this last gives an excellent discussion of the authorship, p. xiii). Con- sult also Blume, Der Cursus S. Benedicti Nursini etc. (Leipzig, 1908); Dreves in Analecta Hymnica, L ^Leip^ig, 1907); Daniel, Thesaurus Hymnologicus, index to V, s. w.

H. T. Henry.

Rerum Novanun, the opening words and the title of the Encyclical issued by Leo XIII, 15 May, 1891, on the "Condition of Labour". Although the Encyclical follows the lines of the traditional teaching concerning the rights and duties of property and the relations of employed and employee, it applies the old doctrines specifically to modern conditions. Open- ing with a description of the grievances of the working classes, it proceeds to refute the false theories of the Socialists, and to defend the right of private owner- ship. The true remedy, continues the pope, is to be found in the combined action of the Church, the State, the employer, and the employed. The Church is properly interested in the social question because of its religious and moral aspects; the State has the right and the duty to intervene on behalf of justice and individual and social well-being; and employers and workers should organize into both mixed and separate associations for mutual protection and for self protection. All this is set forth with sufficient detail to reach the principal problems and relations of industrial and social life.

Probably no other pronouncement on the social question has had so many readers or exercised such a wide influence. It has inspired a vast Catholic social literature, while many non-Catholics have acclaimed it as one of the most definite and reasonable produc- tions ever written on the subject. Sometimes criti- cized as vague, it is as specific as any document could be written for several countries in different stages of industrial development. On one point it is strikingly definite: "Let it be taken for granted that workman and employer should, as a rule, make free agreements, and in particular should agree freely as to wages; nevertheless, there is a dictate of natural justice more imperious and ancient than any bargain between man and man, that remuneration should be sufficient to maintain the wage-earner in reasonable and frugal comfort. If through necessity or fear of a worse evil the workman accept harder conditions because an

employer or contractor will afford him no better, he is made the victim of force and injustice". Although this doctrine had been a part of the traditional teach- ing for many centuries, it had never been stated with such precision and authority. As the years go by and thoughtful men realize more and more how difficult it is to define the full requirements of justice in the matter of wages, a constantly increasing number of persons look upon this statement of Leo XIII as the most fruitful and effective principle of industrial justice that has ever been enunciated.

Parkinson, The Condition of the Working Chsse.'i, hy Pope Leo XIII (London, 1910); Manning, Leo XIII on the Condition of Labour in the Dublin Review (July, 1891); NiTTi, Catholic Socialism (London, 1895); TuRMAN, Le Catholicisme social depuis Vencyclique Rerum Novarum (Paris, 1900).

John A. Ryan.

Rescripts, Papal (Lat. re-scribere, "to write back"), respon,ses of the pope or a Sacred Congre- gation, in writing, to queries or petitions of individuals. Some rescripts concern the granting of favours; others the administration of justice, e. g. the inter- pretation of a law, the appointment of a judge. Some- times the favour is actually granted in the rescript (gratis facta — a rescript in forma graliosa) ; sometimes another is empowered to concede the request (gratia facienda — a rescript in forvia commissoria) ; some- times the grant is made under certain conditions to be examined into by the executor (a rescript in forma mixta). The petition forwarded to Rome comprises three parts: the narrative or exposition of the facts; the petition; the reasons for the request. The response likewise contains three parts: a brief exposition of the case; the decision or grant; the reason of the same.

Every rescript presupposes the truth of the alle- gations found in the supplication. Intentional false- hood or concealment of truth renders a rescript in- valid, since no one should benefit through his own deceit. According to some, however, a rescript is valid if voluntary misrepresentation affect only the secondary reason of the grant. This is certainly true where there is no fraud, but merely inadvertence or ignorance of requirements; for, where there is no malice, punishment should not be infficted; and the petition should be granted, if a sufficient cause there- for exist. A rescript in forina commissoria is valid, if the reason alleged for the grant be true at the time of execution, though false when the rescript was is- sued. When a rescript is null and void, a new peti- tion is drawn up containing the tenor of the previous concession and cause of nullity, and asking that the defect be remedied. A new rescript will then be given, or the former one validated by letters perinde valere. If the formalities sanctioned by law or usage for the drawing up of rescripts are wanting, the document will be considered spurious. Erasures, misspellings, or grave grammatical errors in a re- script will render its authenticity suspected. Ex- communicated persons may seek rescripts only in relation to the cause of their excommunication or in cases of appeal. Consequently in rescripts absolu- tion from penalties and censures is first given, as far as necessary for the validity of the grant.

Rescripts have the force of a particular law, i. e. for the persons concerned; only occasionally, e. g. when they interpret or promulgate a general law, are they of universal application. Rescriiits in forma graliosa are effective from the date they bear; others only from the moment of execution. Rescripts contrary to common law contain a derogatory clause: all things to the contrary notwithstanding. Re- scripts of favour ordinarily admit a broad in- terpretation; the exceptions are when they are injurious to others, refer to the obtaining of ecclesi- astical benefices, or are contrary to common law. Rescripts of justice are to be interpreted strictly.