Page:Cyclopaedia, Chambers - Volume 2.djvu/614

 RES

(997)

RES

bles, and two greafy ones always run towards each other; as be- ing attracted : A greafy and a clean one always fly each other, as being repell'd.

REQUEST, in Law, a Serpplication, or Petition preferr'd to a Prince, or a Court of Juftice; begging Relief in fome Con- fcionable Cafes where the Common Law granted no immediate Redrefs. See Equity.

The Term Reque/l is now, fince the Institution of Chancery, much difufed; together with the Court of Rcquefes, where Re- tquefts were cognizable.

The Court of Requests, was an antient Court of Equity, in- stituted about the 9th Henry VII. of like Nature, though inferi- our Authority, to the Court of Chancery; being appointed chiefly for the Relief of Petitioners who in confcionable Cafes fliould ad- drefs themfelves by way of Requefl to his Majefty.

The Chief Judge of this Court was the Lord Privy Seal, af- tifted by the Mafters of Requefls, who correfponded to our Ma- tters of Chancery. See Master.

40 and 41 Eliz. it was adjudged, upon folemn Argument in the Court of Common- Pleas, that the Court of Requefls was then no Court of Equity. See Court, Chancery, &c.

In France the Requetes Civiles, Civil Requeues, {till obtain for the annulling of Contracts, &c. made by Surprize. See Plainet.

They have eighty Mafters of Requefls, to take Cognizance of Caufes between the Officers of the Crown, the Servants of the Houfhold, &e.

Request, in Hunting, is when the Dogs have loft the Quell: or Track of the Beait, and mult Requefc, or Queft it again. Sec Quest.

Thus they fay, to call to the Requefl, come to the Requefl. See Hunting.

To Requefl the Game, is chiefly ufed when after having run it down the Night before, they leek it again the next Morning with the Blood-Hound, or the like. See Blood-Hound.

R \iQUIEM, a Mafs lung in the Rornijb Church for the reft of the S ml of a Perfon deceas'd. See Mass.


 * I virus called, becaufe the hsttoit begins with, Requiem Mer-

natrt dona eis Domine^ &c.

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

RES Natttr'aler,

RES Non Naturales, RES Prater Naturah,

f ("Naturals.

C. See J Non Natural:. J {.Vrmter Naturals.

RESCEIT, Receptio, an Admiffion or Receiving of a third Perfon to plead his Right, in a Caufe formerly commenced be- tween other two.

As, if a Tenant for Life or Years, brings an Action, he in the Reveriion comes in and prays to be received, to defend the Land, and to plead with the Demandant.

Resceit is alio applied to an admittance of Plea, though the Controverfy be only between two.

Resceit of Homage, Receptio Homagii, denotes the Lord's receiving Homage of his Tenant at his Admiflion to the Lands. See Homage.

RESCISION, Rescissio, in the Civil Law, an Action in- tented for the annulling or letting afide of an Act, Contract, or the like.

A Thing's being found damag'd or fold at above double the juft Value, is a good Caufe of Refciffwn. See Redhibition.

An Act or Contract thus annull'd, or refcinded, is calPd a He- fiij/ory.

The Word is form'd from the Latin, re and fcindo, q. d. I cut or divide again.

RESCOUS, or Rescue, in Law, an illegal taking away and Jetting at Liberty of a Diftreis taken or a Peribn arretted, by Pro- cefs or Courfe of Law.

This is properly a Refcous in Fail. — If one Diftrain Beafts for Damage feaSant in his Ground, and as he drives them in the Highway towards the Pound, they enter into the Owner's Houfe, and he witholds them there, and will not deliver them upon De- mand; this Detainer is a Refcous in Law.

Refcous, in Matters relating to; Treafon, is deem'd Treafon; and in Matters concerning Felony, is Felony. See Treason, &c.

He that commits fuch a Rcfiue or Refcous, is call'd Refcujfor.

Rescous is alfo ufed for a Writ which lies for this Fact; call- ed Breve do Refcujfu.

RESCRIBENDARY, an Officer in the Court of Rome, who fets a Value upon Indulgences and Supplications. See Indulgence.

RESCRIPT, an Anfwer delivered by an Emperor, or a Pope, when confulted by particular Pcrfons, on fome difficult Queftion or Point of Law; to ferve as a Decifion thereof.

The Civil and Canon Laws are full of fuch Refcrifts.— When the Refcript was made in Anfwer to the Inquiry of a Communi- ty, it was call'd a pragmatic Sanction. See Pragmatic

The Papal Rcfiripts are a kind of of Bulls or Monitories, be- ginning with thefe Words, Signifcavit nohis dileBus filius, &cc. They never obtained either in England or France, when contra- ry to the Liberties of the Englifij and Gallican Churches; but were declared abulive. See Bull.

Among the Romans the contending Parties, and even the Ma-

gnates themfelves, frequently confulted the Emperor on Hid Mea(ures they were to take in certain nice and difficult Cafes; and the Anfwer returned by the Emperors on fuch Confutations, were called Refcripts. -Thek had not, indeed, the full force of Laws, but were deem'd a ftrong Prejudice or Preemption.

Jfman has inferred a great Number of them in the Code; and by that means given them the Authority they before want- ed, bee Code.

The Author of the Life of the Emperor Macrinus obferves of that Prince that he would have hisOfficers judge by Laws, not by Refcripts; as efteeming it abfurd to admit the Wills of ignorant Men, fuch as Commodus, and Caracal/a, 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 bo afterwards pleaded as a I recedenr.— Tis added, that Macrinus had a Defien to ttrip the Refcripts of all their Authority.

M. Schulting, in his Diflertations, does not at all approve of thisDelign; and to the Emperor's Reafons Anfwers, that indeed all Refcripts arc not to be admitted; that thofe which appear dictated out of favour, are to be thrown afide;but thole which an* pear founded in Reafon, and natural Equity are, with Juftinian, to be allowed— He adds, that it can't be denied but the worft Emperors have frequently made good Laws, and ufeful Re- fcripts.

As to what is urged of the Emperor Trajan's never giving any Refcripts; it appears but ill Supported— For what is it but a Re- fcript that be delivers to Pliny on the Subicct of the Christians., Lei. 2. Epifl. 28? Or that on the Ifilafiiti, Lib. 10. Epiit 120? The Digejt, and P%'sEpiftle, need only to be opened and com- pared, to find Refcripts of Trajan.

RESEANTlhSA, in Law. See Essoin.

RESEARCH, a diligent Search or Inquiry into any thing. — The Word is form'd of the French, Recherche, and litteraliy da- notes a fecond Search.

Research, in Mufick, is a Kind of Prelude or Voluntary, play'd on the Organ, Harplichord, Theorbo, &c. Wherein the Com- pofer fecms to Search,or look out for the Strains, and Touches of Harmony, which he is to ufe in the regular Piece to be play'd afterwards. See Prelude.

This is ufually done off-hand, and confequently requiresi a Ma- iler's Skill.— When in a Motet the Compofer takes the Liber- ty to ufe any thing that comes in his Head, without applying any Words to it, orfubjeding himfelf to exprefs the Senfe or PafSI- on thereof; the Italians call it Fanlafia Ricercata; the French, Recherche; and our Musicians, Refearch.

RESEARCHING, in Sculpture, the Repairing of a call Fi- gure, &c. with proper Tools; or the finifhing it with Art and Exactness, fo as the minuteft Parts may be well defined. See Figure, Statue, Foundery, e5-r.

RESEISER, in Law, a taking again of Lands into the King's Hands, whereof a general Livery, or Oufler h Main, was for- merly milufed; contrary to Order of Law. See Resump- tion.

RESEMBLANCE. See Similitude.

RESERVATION, in Law, an Action or Claufe whereby Something is referv'd, i. e. retain'd, kept, or Secured to one's felt". See Reserve.

Thus, when a Man lets his Land, he referees a Rent to be paid to himfelf for his Maintenance, &c. See Lease, Tenant, Rent, &c.

William the Conqueror getting all the Lands o f England, except thofe belonging to the Church and Religious Houfes, into his Hands by Right of Conqueft; bellowed a great Part thereof a- mong his Followers, referving fome Retribution ot Rents and Services to him and his Heirs; which Refervation is now, as it was before the Conqueft, called the Tenure of the Lauds. See Tenure, Service, &c.

Sometimes Refervation Signifies as much as an Exception; as when a Man lets an Houfe, and referves to himfelf one Room, that Room is excepted out of the Demife. See Exception.

.MotWReservation is a Proposition, which Strictly taken, and according to the natural Import of the Terms, is faife; but if qualified with fomethmg referred in the Mind, becomes true. Mental Refervations ate the great Refuge of Religious Hypo- crites; who ufe them to accommodate their Confciences with their Interefts : The Jefuits are zealous Advocates for mental Re- fervations; yet are they real Lyes, as including an Intention to deceive.

RESERVE, in Law, the fame with Refervation. See Re- servation.

He has fettled the whole Eftate on his Son, and has not made any Referve. — Benefices are fometimes refign'd with Referve of a Pennon. — By the Canon Law, no Perfon may referve to himfelf a Penfion out of a Benefice, unlefs he have Served it ten Years. See Resignation.

In the Romifli Church, the ordinary Priells have only aPower to abfolve, in referve of certain Cafes; hence called rcferved Cafes, as being refirvedto the Bifliop. See Absolution and Case.

The Courr referve s the Cognizance of fuch an Affair to it felf. — The Lawyers fay, that no Prince ever grants fuch a Power by his Letters or Patents, but he referves to himfelt a greater.