except in case of necessity. (Political relations, for instance, may allow such communication; as Francis I of France always transacted business with the excommunicated Henry VIII of England.) Since the time of pope Gregory IX, there have been two kinds of excommunication in the Roman church-the greater and the less. The former excludes the person from all communion with the faithful, and from the privilege of Christian burial. Subjects were absolved from allegiance to their sovereign, who lay under the greater excommunication, nay, were forbidden to obey him. But, in more modern times, many Catholic ecclesiastical writers have maintained that, as an excommunicated private person is not prohibited by civil governments from managing his worldly affairs, so the excommunication of a prince ought not to have any influence on matters of political administration. (See, for instance, the abbé Fleury's Discours sur l'Histoire ecclésiastique, depuis l'An 600 jusqu'à l'An 1200.) Besides, the spirit of the age is such as not to allow an excommunication to have the same influence on the relations between princes and people as in the middle ages. At that time, the pope excommunicated even whole cities, provinces and countries. An excommunitation was the heaviest visitation which a country could suffer. All religious services ceased; there was no regular burial, no ringing of the bells, &c. Relics and crucifixes, and all other things which had been full of religious comfort to the believer; lost their spiritual power. Gregory V first pronounced such an excommunication against France in 998, because king Robert would not separate himself from his lawful wife Bertha, who was related to him in the fourth degree. Robert was at last obliged to yield. Still more important was the excommunication issued against England by Innocent III, because king John refused the payment of the tribute called Peter-pence, and the acknowledgment of a right in the pope to confer the investiture of the English bishoprics. The king was obliged to yield, and received back his kingdom as a papal fief. No country, however, has suffered more fron excommunications or interdicts, as these general excommunications of a whole country are called, than Germany. Many of the emperors were excommunicated, and many revolutions produced in consequence. The latest excommunication of a sovereign was that of Napoleon, by Pius VII, in 1809. The lesser excommunication has two effects, viz., exclusion from

the sacraments and from ecclesiastical offices.

Excommunication cannot be said to have been abolished by the reformation. Luther says, for instance, that a person not receiving the Lord's supper during a whole year, should be separated from the faithful; nothing, however, of the severity of the greater excommunication, and the anathema, is retained. In the states of Germany, however, excommunication is no where practised at the presen time among Protestants. It would be. thought an undue exercise of power by the clergy, especially as the Protestant sovereigns declare themselves to be the head of the church in their respective countries, and would consider the punishment of their subjects by the clergy under them as an infringement of their prerogatives. In the church of England, both the less and the greater excommunication exist. The less excludes the party from participation in the sacraments, the greater from the company of all Christians. The sentence is attended also with the loss of many civil rights. In the United States, immoral conduct among the members of Protestant sects may produce exclusion from church privileges; but this excommunication is not considered as affecting the spiritual welfare of the individual.

The Catholics use the phrase fulminating an excommunication, to signify the solemn pronouncing of an excommunication after several admonitions. The ceremonies attending such fulmination are terrible, and do not seem to have been used before the 11th century. The excommunication pronounced in this way is generally called anathema. (q. v.)

EXECUTION, in law, is a judicial writ grounded on a judgment of the court, by which the execution is issued, and is granted for the purpose of carrying the judgment into effect, being an order in the name of the supreme power of the state, or the executive branch of the gov ernment, attested by the court, to the sheriff, marshal, or other officer, to whom it is directed, to cause the judgment of the court to be executed; as that a debt shali be levied against one party in favor of another; or that a punishment shall be inflicted, which has been awarded after due trial and conviction of the accused. Execution is granted by a court only upon the judgments given by the same. court, not upon those pronounced by another; for where satisfaction of a judg ment given by one court is sought in another, a trial must be had in such other.

and a new judgment there given, on which execution issues. Executions are of various descriptions, according to the kind of satisfaction ordered, as a capias ad satisfaciendum, or an arrest for giving satisfaction, by which the sheriff, &c., is ordered to arrest and imprison the party against which it is issued, until he satisfies a certain debt declared by the judgment to be due, or is otherwise discharged by order of law; a fieri facias, by which it is ordered that the amount of the debt be I made of the goods and chattels of the party against which the execution is issued, for the satisfaction of the same; a levari facias, by which the officer is ordered to cause satisfaction of the judgment by a levy on the goods or lands of the debtor; an elegit, by which the judgment is ordered to be satisfied by setting off all the goods and half the lands of the debtor, by appraisement, to the creditor, in satisfaction of his debt, whereas, by the levari facias, the goods of the debtor are sold by the officer, and the proceeds in money are paid over to the creditor; and the statute merchant or staple, in England, whereby execution issues upon an acknowledgment by the debtor, with certain forms, before some magistrate, and a record thereof, that he is indebted in a certain amount to the creditor; this is, in fact, obtaining a judgment for the debt before it is due, so that, on its becoming due, execution issues immediately without trial. The order issuing to an officer to execute a judgment given on an indictment, varies according to the penalty inflicted by the law for the crime or delinquency of which the party is convicted. In the U. States, the same execution is usually issued in favor of creditors, against the lands, goods and effects of debtors, and also against their bodies, it being or dered, that the officer should seize and sell the goods of the debtor for money to satisfy the judgment, or seize and sell, in some states, or set off at an appraised value in others, lands of the debtor, to the amount of the judgment, and, for want of goods, or of goods and lands, to imprison the debtor until he shall satisfy the debt, or be otherwise discharged by order of law, so that the same execution includes the capias ad satisfaciendum and levari facias. Many of the states make a distinction between a satisfaction from the goods and the lands of the debtor, by ordering his goods to be sold at auction, and the proceeds to be paid over to the creditor; but if the satisfaction is to be made out of the lands of e debtor, they are not sold for this pur

pose, but set off on an appraisement to the creditor. Some states heretofore enacted stop laws, as they were called, providing that the goods of the debtor, instead of being sold at auction for money, should, as in the case of lands, be appraised, and, if the creditor would not take the goods, either at the appraisement or at some other rate specified by the law, in satisfaction of his debt, his execution should be delayed for a certain time, on the debtor's giving security, or complying with the other conditions in such case provided by the laws. This was, in substance, extending to a levy on goods the same principle which had prevailed, and still prevails, in many states, in respect to lands.

EXECUTION. (See Death, Punishment of.) EXECUTOR, in law, is one appointed by a man's last will, to carry its provisions into execution after the testator's death. The testator may, by the English law, as adopted in many of the U. States, appoint any person of sound mind and discretion, though under some legal disabilities, as to contracting and transacting business in general, such as a married woman, or a minor. In some of the states, however, the appointment is limited to persons of the age of 21. The duties of executors, and those of administrators (q. v.), are, in general, the same, the difference of the two depending mostly on the mode of appointment, the executor being nominated by the testator, the administrator being appointed by the judge of probate: and often an administrator is appointed to administer upon an estate under a will, as where the testator does not name an executor or where the executor named declines, or where the executor or administrator first assuming the trust has died, or is discharged by the court, where administration on the estate has once been granted and commenced, and, before it is completed, a new appointment is necessary, the person so appointed is called an administrator de bonis non, "with the will annexed," if there be a will. The administrator, with the will annexed, assumes the duties that would have belonged to the executor, if one had been appointed, or if the one appointed had acted, or had continued to act. Though a testator is at liberty to appoint any person to be his executor, with some few exceptions, the judge of probate is restricted, both in England and the U. States, in the appointment of an administrator, whether it be the one on an estate of a person dying intestate, or "with the will annexed," and whether it be the one originally appoint

ed. or the one appointed de bonis non; for the widow and nearest of kin to the testator have a right to the appointment, unless they are under some legal disability. The statutes more generally provide, that the nearest of kin of the age of twenty-one shall have the administration, either jointly with the widow, if there be one, or on her declining, or on there being some legal objection to her appointment. By other statutes on this subject, it is left to the discretion of the judge of probate, of the orphan's court, or of the magistrate, whoever he be, having this jurisdiction, to appoint either the widow or the next of kin. The principal creditors of the deceased are next entitled to this appointment. But a liberal discretion is generally vested in the magistrate as to this appointment. The same judge who appoints the administrator has the power of revoking the appointment.

An executor de son tort, that is, an executor of his own wrong, is one who meddles with the administration of the goods of a person deceased, without any authority so to do, and he is accordingly answerable to the rightful executor, or administrator, when one is appointed. It is the duty of an executor, or administrator, after the will is proved, if the estate is to be administered under a will, to give notice of his appointment, make an inventory of the estate, and return it to the probate office or court; to take care of the personal property of the deceased, and see that it is not wasted; to collect the debts due to the estate, and, finally, to distribute the effects or their proceeds among the creditors, until their demands are paid, and then among the heirs and legatees, according to the directions of the will of the deceased, or according to the dispositions of the law, in case of its being the estate of a person dying intestate, or what is called, in the civil law, an estate ab intestato. In collecting the effects and debts, and so in investing the proceeds pending the administration, the executor, or administrator, for the most part, acts according to his own discretion; but in making a distribution of them among the heirs or legatees, he is particularly directed by the judge of probate. In the former case, he accordingly acts at his peril, and is liable, as are also his sureties, for his managing the estate with proper discretion; but in distributing the effects and proceeds, he acts under a judicial decree, and so is secure from any personal liability.

EXEGESIS (from the Greek nynos); the

The

interpretation of the Scriptures. science which lays down the principles of the art of sacred interpretation, may be called exegetics; though it is also designated by another name-herme. neutics. As the sacred books were composed by authors of a distant age and country, and in foreign languages, it is evident, that, in order to understand them, it is necessary to have not only a profound knowledge of the languages, but also a mass of historical, geographical and antiquarian knowledge; and as the knowledge of Christian doctrine must be drawn from the Scriptures, it follows that the whole study of theology must proceed from exegesis. The most celebrated exegetic authors among the church fathers were Origen, Chrysostom, Theodoret, Diodorus of Tarsus, and Jerome. In the middle ages, when people confined themselves almost exclusively to the Vulgate, or Latin translation, which was in common use, and most of the theologians were ignorant of the languages, exegesis was very much neglected. But the study was revived by the reformation, and the last century shows a multitude of eminent exegesists, particularly in the Protestant church, and especially in Germany.

EXEQUIES (funeral rites). In the Catholic church, this ceremony does not involve the idea of interment so much as of solemn masses, which are read (generally for several weeks) for the soul of the deceased. In the exequies of personages of high rank, and especially of princes, funereal monuments are erected, a solemn piece of music executed (see Requiem), the church is hung with black, and other ceremonies of a similar nature, are performed.

EXERCISE. (See Gymnastics.)

EXETER (Indian name Swamscot); a post-town of New Hampshire, in Rockingham county, 14 miles S. W. by W. of Portsmouth, 15 N. N. W. of Newburyport, 18 N. N. E. of Haverhill, 40 S. E. by E. of Concord, 47 N. by E. of Boston; population in 1820, 2114. It is pleasantly situated at the head of tide-water and of navigation, on Exeter river, and is one of the most considerable towns in the state, and was formerly the seat of government. It contains a court-house, a jail, 2 banks, an academy, 3 printing-offices, and 3 houses of public worship, 2 for Congregationalists and 1 for Baptists. It is favorably situated for a manufacturing town, and contains several manufactories, and many valuable mills. Phillips Exeter

academy, in this town, was founded by the honorable John Phillips, LL. D., in 1781. It is one of the oldest, best endowed, and most respectable institutions of the kind in the United States. It has a principal, a professor of mathematics and natural philosophy, and a professor of languages, about 80 students, a library of about 700 volumes, and a handsome philosophical apparatus.

EXHAUSTION. The ancient geometers were entirely unacquainted with the facilities of the higher analysis. The process which they used instead of it, in the comparison of curvilinear figures, curved surfaces and round bodies, consisted in bringing the magnitudes into relation with others, to which, it is true, they could not be made entirely equal, but yet so nearly equal that the difference is smaller than any assignable quantity. This was called the process of exhaustion. (See Maclaurin, On Fluxions, the introduction of his work.) The differential calculus furnishes a much surer and speedier method for attaining the object.

EXHIBITION; a benefaction settled for the benefit of scholars in the universities, that are not on the foundation.

EXILE; a punishment by which a person is compelled to leave the city, province, or even the country, where he has previously resided. It amounts, therefore, to a civil excommunication, or political proscription. It is a punishment for state criminals. The ancient republics sometimes exiled men on mere suspicion that they might become dangerous to republican liberty (by the ostracism). In this case, exile was not a punishment, but a measure of precaution. Many anticipated the sentence of the judges, and went into voluntary exile. (See Deportation. For Babylonian Exile, see Hebrews and Jews.) It does not often happen, at present, that real criminals are exiled, as it is felt to be unjust for one state to let loose offenders upon its neighbors. But it sometimes happens, in the U. States, that persons convicted of minor offences are pardoned, on condition of leaving the state. Some time since, a number of young men of Würtemberg, convicted of political offences, were released, on promising to go to America.

EXORCISM. An opinion prevailed in the ancient church, that certain persons, those particularly who were afflicted with certain diseases, especially madness and epilepsy (v.), were possessed by evil spirits. Over such persons forms of conJuration were pronounced, and this act

was called exorcism. There were even certain men who made this a regular profession, and were called exorcists. In the 3d century, an idea began to prevail that heathens and heretics were possessed by demons, and hence exorcism was joined with the act of baptism. St. Augustine's doctrine of original sin having been adopted by the church in the 5th century, this ceremony was used in the baptism of infants. Luther allowed the custom to be retained; the Calvinistic church early discarded it; many of the Lutheran clergy, even in the 16th century, also disapproved of it. It continued, however, in the Lutheran church till modern times, although explained, by saying that it was not an expulsion of Satan, but merely an acknowledgment of innate depravity, and of the necessity of redemption. It is now almost universally done away with among Protestants. The Catholic church has ordinary exorcisms, as those used in baptism and in the benediction of the water, and extraordinary ones, those which are used to deliver possessed persons, to abate storms, to kill obnoxious animals, as the vermin which destroy the fruits of the earth. It is by no means, however, an idea which arose in the Christian church. All the ancient pagans (and, probably, we may say all pagans) acknowledged the efficacy of exorcism. The Jews likewise did, and the passages of the New Testament are known to every one, which state, that Christ drove evil spirits out of possessed persons.

EXORCIST. The members of one of the lower orders of Catholic clergy are called by this name. (See Dean.)

EXOTERIC. (See Esoteric.)

EXOTIC; an appellation for the produce of foreign countries. Exotic plants are such as belong to a soil and climate entirely different from the place where they are raised, and therefore can be preserved for the most part only in green-houses. Exotic plants of the hot climates are very numerous, and require the utmost attention of the gardener. Even if they can be brought to blossom, it is rare that they produce fruit, and still more rare that the seeds ripen. It is only by care and accurate observation of their nature and wants, that some of them can be acclimated, or made to flourish on the foreign soil.

EXPANSION, in physics, is the enlargement or increase in the bulk of bodies, in consequence of a change in their temperature. (See Caloric.) This is one of the most general effects of heat, being com

mon to all bodies whatever, whether solid or fluid. The expansion of solid bodies is determined by the pyrometer, and that of fluids by the thermometer (see these articles). The expansion of fluids varies considerably; but, in general, the denser the fluid, the less the expansion; thus water expands more than mercury, and spirits of wine more than water; and, commonly, the greater the heat, the greater the expansion; but this is not universal, for there are cases in which expansion is produced, not by an increase, but by a diminution of temperature. Water furnishes us with the most remarkable instance of this kind. Its maximum of density corresponds with 42.5 of Fahrenheit's thermometer; when cooled down below 42°.5, it undergoes an expansion for every degree of temperature which it loses; and at 32°, the expansion amounts to To of the whole expansion which water undergoes when heated from 42°.5 to 212°. With this more recent experiments coincide very nearly; for, by cooling 100,000 parts in bulk of water from 42.5 to 32°, they were converted to 100,031 parts. The expansion of water is the same for any number of degrees above or below the maximum of density. Thus, if we heat water 10° above 42°.5, it occupies precisely the same bulk as it does when cooled down to 10 degrees below 420.5. Therefore the density of water at 32° and at 53° is precisely the same. Dalton cooled water to the temperature of 5° without freezing, or 37°.5 below the maximum point of density; and, during the whole of that range, its bulk precisely corresponded with the bulk of water the same number of degrees above 42°.5. The prodigious force with which water expands in the act of freezing, is shown by glass bottles filled with water, which are commonly broken in pieces when the water freezes. A brass globe, whose cavity is an inch in diameter, may be burst by filling it with water and freezing it; and the force necessary for this effect is 27,720 pounds weight. The expansive force of freezing water may be explained by supposing it the consequence of a tendency which water, in consolidating, is observed to have to arrange its particles in one determinate manner, so as to form prismatic crystals, crossing each other at angles of 60° and 120°. The force with which they arrange themselves in this manner must be enormous, since it enables'small quantities of water to overcome so great mechanical pressures. This observation is conspicuously illustrated by

observing the crystals of ice on a piece of water exposed to the action of the air in frosty weather; or upon a pane of glass in a window of a room without a fire, at the same season. Various methods have been tried to ascertain the specific gravity of ice at 32°; that which succeeded best was to dilute spirits of wine with water till a mass of solid ice put into it remained in any part of the liquid without either sinking or rising. The specific gravity of such a liquid is 0.92, which, of course, is the specific gravity of ice, supposing the specific gravity of water at 60° to be 1. This is an expansion much greater than water experiences even when heated to 2120, its boiling point. We see from this that water, when converted into ice, no longer observes that equable expansion measured by Dalton, but undergoes a very rapid and considerable augmentation of bulk.

EX PARTE; a term used in the court of chancery, when a commission is taken out and executed by one side or party only, upon the other party's neglecting or refusing to join therein.

EXPECTATION, in the doctrine of chances, is the value of any prospect of prize or property depending upon the happening of some uncertain event, the value of which, in all cases, is equal to the whole sum multiplied by the probability that the event on which it depends may happen.

-Expectation, in the doctrine of life annuities, denotes the time which a person of a given age may expect to live. Simpson's table of the expectation of life, in London, is as follows: