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{{about|the legal term|the programming language dialect and compiler formerly known as BuckleScript|Reason (programming language)#ReScript}}

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A '''rescript''' is a public government document. More formally, it is a document issued not on the initiative of the author, but in response to a question (usually legal) posed to the author. The word originates from replies issued by Roman emperors to such questions and is also used in modern legal terminology and the [[Roman Curia|Papal curia]].<ref>{{cite book |editor-last=Stevenson |editor-first=Angus |chapter=rescript |title=Oxford dictionary of English |edition=3rd |year=2010 |publisher=Oxford University Press |isbn=978-0-19-957112-3 }}</ref>

ItRescripts may take various forms, from a formal document of an established type, such as a [[Papal Bullbull]], to the forwarding of the demand with a simple mention by way of decision, something like "rejected" or "awarded", either to the party concerned or to the competent executive office to be carried out.

A '''rescript''' is a document that is issued not on the initiative of the author, but in response (it literally means 'written back') to a specific demand made by its addressee. It does not apply to more general legislation etcetera.

== Etymology ==

It may take various forms, from a formal document of an established type, such as a Papal Bull, to the forwarding of the demand with a simple mention by way of decision, something like "rejected" or "awarded", either to the party concerned or to the competent executive office to be carried out.

The word ''rescript'' derives from the Latin noun {{lang|la|rescriptum}}{{sfn|Hoad|1996|loc="rescript"}} which itself derives from the Latin verb {{lang|la|rescribo}}, meaning "to write back or... reply in writing". It developed its specialised legal meaning due to regular responses by emperors or lawyers to petitions or legal questions.{{sfn|Lewis|Short|1879|loc="rescribo"}}

By analogy the term rescript is also applied to similar procedures in other contexts, such as the [[Ottoman Empire|Ottoman]], [[China|Chinese]] and [[Japan]]ese imperial courts, or even prior to the Roman empire. Two well-known examples of Japanese Imperial rescripts were [[Emperor Hirohito]]'s 1945 [[Gyokuon-hōsō|Imperial Rescript on the Termination of the War]] written in response to the [[Potsdam Declaration]] and his 1946 [[Humanity Declaration]] written in response to a request by General [[Douglas MacArthur]].

The word originated from the Roman imperial court, which often issued rescripts, in many cases prompted by its many governors and other officials. The other main field of application is the papal [[Roman Curia]], which adopted many Roman administrative terms and practices.

== Roman law ==

By analogy it is also applied to similar procedures in other contexts, such as the Chinese and Japanese imperial courts, or even before the Roman empire.

While the most common author of a rescript was nominally the emperor, the term referred generally to replies written by various officials from the local or provincial level to bishops in the religious hierarchy.{{sfn|Connolly|2018|loc="rescripts"}} During the high [[Roman Empire]] the emperor had an officer, the {{lang|la|magister libellorum}}, to deal with petitions ({{langx|la|libelli}}) from citizens and draft replies. Those replies, originally written at the bottom of the petition, are thought to have been written largely by the {{lang|la|magister libellorum}} and only issued in the emperor's name.{{sfn|Connolly|2018|loc="rescripts"}} Due to the legal nature of many of those petitions and since the emperor served as a final court of appeal, the office was regularly held by jurists. Among these were [[Papinianus]] or [[Ulpian]].{{sfn|Honoré|2012}}

These rescripts, as written answers from the imperial chancery, came to have legislative effect and took on two general forms: letters ({{langx|la|epistulae}}) and subscriptions (a response validated by the emperor's written signature underneath; {{langx|la|subscriptiones}}).{{sfn|Nicholas|2012}} Some important early legal collections were composed largely of rescripts, for instance the Codices [[Codex Gregorianus|Gregorianus]] and [[Codex Hermogenianus|Hermogenianus]].{{sfn|Honoré|2012}} Many imperial rescripts are preserved in the Justinian's ''Codex'' which restated the body of Roman law.{{sfn|Nicholas|2012}}

==Papal rescripts==

Rescripts are responses of the pope or a [[Sacred Congregation]], in writing, to queries or petitions of individuals. Some rescripts concern the granting of favours; others the administration of justice under canon law, e. g. the interpretation of a law, the appointment of a judge.

Sometimes the favour is actually granted in the rescript (''gratis facta'' — a rescript ''in forma gratiosa''); sometimes another is empowered to concede the request (''gratia facienda'' — a rescript ''in forma commissoria''); sometimes the grant is made under certain conditions to be examined into by the executor (a rescript ''in forma mixta'').

The petition forwarded to Rome should comprise three parts: the narrative or exposition of the facts (context); the petition (object of the demand); 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.

== Modern law ==

Every rescript presupposes the truth of the allegations found in the supplication. Intentional falsehood or concealment of truth renders a rescript invalid, since no one should benefit through his own deceit. According to some, however, a rescript is valid if voluntary misrepresentation affects 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 inflicted; and the petition should be granted, if a sufficient cause therefore exists. A rescript in forma commissoria is valid, if the reason alleged for the grant be true at the time of execution, though false when the rescript was issued.

When a rescript is null and void, a new petition 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 canon 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 rescript will render its authenticity suspected.

Excommunicated persons may seek rescripts only in relation to the cause of their [[excommunication]] or in cases of appeal. Consequently in rescripts absolution from penalties and censures is first given, as far as necessary for the validity of the grant.

=== France ===

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. Rescripts in forma gratiosa 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. Rescripts of favour ordinarily admit a broad interpretation; the exceptions are when they are injurious to others, refer to the obtaining of ecclesiastical benefices, or are contrary to common law. Rescripts of justice are to be interpreted strictly. Rescripts expire for the most part in the same manner as faculties.

In [[France]], people have the possibility to ask an administration for a ''rescrit'' (rescript), which means that they will present to the competent administration a circumstanced particular case, and obtain a formal answer (the ''rescrit'') by the administration explaining how the law will be applied to the submitted particular case. The rescript is binding for the administration, and may be used before a court of law to exonerate the person who asked for the rescript in case of prosecution. In [[English common law]] such a [[hypothetical]] process is not allowed, and cases must be determined on fact.

===Japan===

==Sources and references==

(incomplete)

Japanese Emperors have issued Rescripts, including the [[Hirohito surrender broadcast]] and the [[Humanity Declaration]].

*{{Catholic}}

=== Papacy ===

=={{main article|Papal rescripts==}}

{{See also|Canon law (Catholic Church)}}

Papal rescripts concern the granting of favours or the administration of justice under [[canon law (Catholic Church)|canon law]]. In [[Roman Catholicism]] rescripts are responses in writing by the [[pope]] or a [[Congregation (Roman Curia)|Congregation]] of the [[Roman Curia]] to queries or petitions of individuals.<ref>{{CathEncy|wstitle=Papal Rescripts}}</ref>

=== United States ===

The [[Massachusetts]] appellate courts issue rescripts to the lower courts. These are the equivalent of mandates (i.e. writs of [[mandamus]]) in federal appellate practice.<ref>Mass. R. App. P. 1(c)</ref>

==See also==

*[[Imperial Rescript on Education]]

*[[Imperial Rescript to Soldiers and Sailors]]

*[[Imperial Rescript on the Termination of the War]]

*[[Declaratory Rescript of the Illyrian Nation]]

==References==

{{reflist|20em}}

== Bibliography ==

{{refbegin|30em}}

* {{cite book |last=Connolly |first=Serena |chapter=rescripts |title=Oxford dictionary of late antiquity |year=2018 |publisher=Oxford University Press |isbn=978-0-19-866277-8 }}

* {{cite book |editor-last=Hoad |editor-first=T F |title=Concise Oxford dictionary of English etymology |year=1996 |publisher=Oxford University Press |isbn=978-0-19-283098-2 }}

* {{Cite book |editor-last1=Hornblower |editor-first1=Simon |display-editors=etal |title=The Oxford classical dictionary |year=2012 |url=https://books.google.com/books?id=bVWcAQAAQBAJ |isbn=978-0-19-954556-8 |edition=4th |oclc=959667246 |publisher=Oxford University Press |ref={{harvid|OCD⁴|2012}} }}

** {{harvc |last=Honoré |first=Tony |c=magister libellorum |in=OCD⁴ |year=2012 }} {{doi|10.1093/acrefore/9780199381135.013.3867}}

** {{harvc |last=Nicholas |first=Barry |c=constitutions |in=OCD⁴ |year=2012 }} {{doi|10.1093/acrefore/9780199381135.013.1796}}

* {{cite book |editor-last=Lewis |editor-first=Charlton T |editor-last2=Short |editor-first2=Charles |chapter=rescribo |title=A Latin dictionary |year=1879 |chapter-url=https://www.perseus.tufts.edu/hopper/text?doc=Perseus%3Atext%3A1999.04.0059%3Aentry%3Drescribo |publisher=Clarendon Press |___location=Oxford }}

{{refend}}

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