carrying away the goods, so as the door be open, or the key be in the door. Offic. Exec. 8. He may take the goods and chattels to himself, or give power to another to seize them for him, 9 Rep. 38. If an executor with his own goods redeem the goods of the testator; or pays the testator's debts, &c., the goods of the testator shall, for so much, be changed into the proper goods of the executor. Jenk. Cent. 188. Where a man by will devises that his lands shall be sold for payment of debts, his executors shall sell the land, to whom it belongs to pay the debts. 2 Leon. c. 276. And if lands are devised to executors to be sold for payment of the testator's debts, those executors that act in the executorship, or that will sell, may do it without the others. Co. Lit. 113. By stat. 21 H. VIII. c. 4, bargains and sales of lands, &c., devised to be sold by executors, shall be as good, if made by such of the executors only as take upon them the execution of the will, as if all the executors had joined in the sale. If lands are thus devised to pay debts, a surviving executor may sell them; but if the devise be, that the executor shall sell the land, and not of the land to them to be sold, here being only an authority, not an interest; if one dies, the other cannot sell. vi. The executor or administrator must pay the debts of the deceased. In payment of debts he must observe the rules of priority; otherwise, on deficiency of assets, if he pay those of a lower degree first, he must answer those of a higher out of his own estate. And, first, he must pay all funeral charges, and the expenses of proving the will, and the like. Secondly, debts due to the king on record or speciality. 1 And. 129. Thirdly, such debts as are by particular statutes to be preferred to all others; money due upon poor rates (stat. 17 Geo. II. c. 38), for letters to the post-office (stat. 9 Ann. c. 10), and some others. See WILL. Fourthly, debts of record; as judgments (docquetted according to the stat. 4 & 5 W. & M. c. 20), statutes, and recognizances. (4 Rep. 60 Cro. Car. 363). Fifthly, debts due on special contracts; as for rent (for which the lessor has often a better remedy in his own hands by distraining); or upon bonds, covenants, and the like under seal. Wentw. ch. 12.) Lastly, debts on simple contracts, viz. upon notes unsealed and verbal promises. Among these simple contracts, servants' wages are by some (1 Rol. Abr. 927), with reason preferred to any other and so stood the ancient law according to Bracton (lib. 2, c. 26), and Fleta (b. 2, c. 56 §10). Among debts of equal degree, the executor or administrator is allowed to pay himself first; by retaining in his hands so much as his debt amounts to. 10 Mod. 496. If a creditor constitutes his debtor his executor, this is a release or discharge of the debt, whether the executor acts or not, provided there be assets sufficient to pay the testator's debts: for, though this discharge of the debt shall take place of all legacies, yet it were unfair to defraud the testator's creditors of their just debts by a release which is absolutely voluntary. Salk. 303. 1 Rol. Abr. 921. 5 Rep. 30. 8 Rep. 136, vii. When the debts are discharged, the lega cies claim the next regard; which are to be pail by the executor so far as his assets will extend; but he may not give himself the preference herein, as in the case of debts. 2 Vern. 434. 2 P. Wms. 25.-The assent of an executor to legacies is held necessary to entitle a legatee; but as this assent may be compelled, see March, 97, it does not seem necessary to state the effect of a dissent where there are assets sufficient to answer both debts and legacies: Where there are Bot assets, the assent of the executor of the legacy would subject him to a devastavit. viii. When all the debts and particular lega cies are discharged, the surplus or residuum must be paid to the residuary legatee, if any be ap pointed by the will; and if there be none, it was long a settled notion that it devolved to the exe cutor's own use, by virtue of his executorship. Perkins, 525. But, whatever ground there might have been formerly for it, this opinion seems now to be understood, with the following restriction: that although, where the executor has no legacy at all, the residuum shall in general be his own; yet wherever there is sufficient on the face of a will (by means of a competent legacy or otherwise), to imply that the testator intended his executor should not have the residue, the undivided surplus of the estate shall go to the next of kin, the executor then standing upon exactly the same footing as an administrator. EXECUTRY, in Scotch law, is the move able estate falling to the executor. Under executry, or moveables, is comprehended every thing that moves itself, or can be moved; such as corn, cattle, furniture, ready money, &c. EXEDRÆ, in antiquity, halls with many seats, where the philosophers, rhetoricians, and men of learning, met for discourse and disputation. The word occurs in ecclesiastical writers as a general name for such buildings as were distinct from the main body of the churches, and yet within the limits of the church, taken in its largest sense. Among the exedræ the chief was the baptistery. EXEGE'ŠIS, n. s. Fr. exégèse; Gr. - I have here and there interspersed some critical and some exegetical notes, fit for learners to know, and not unfit for some teachers to read. Walker. EXEGESIS, in the Scotch universities, is an exercise among the students in divinity, in which a question is stated by the respondent, who is then opposed by other students in their turns, during which the professor solves the difficulties which the respondent cannot overcome. EXEGETES; from εnyɛouaι, to explain; among the Athenians, persons learned in the laws, whom the judges used to consult in capital causes. EXEGETICA, in algebra, the art of finding, either in numbers or lines, the roots of the equation of a problem, according as the problem is either numerical or geometrical. EXEMPLAR. See EXAMPLE. EXEMPLAR also denotes the image conceived in the mind of the artist, whereby he conducts his work. EXEMPLIFY. See EXAMPLE. EXEMPLIFICATION OF LETTERS PATENT, denotes a copy made from the enrolment, and sealed with the great seal; which is as effectual as the original. EXEMPT', v. a. & adj. Fr. exempter; EXEMPTION, n. s. Span. exemtar; Lat. EXEMPTITIOUS, adj. S exemptus, ab erimor, erimo, to take out, or away. To deliver, or grant immunity, from; to free, or clear: as an adjective, not liable to; not included; cut off from: exemptitious is separable; that which may be divided, or taken from another matter or thing. Things done well, The emperors exempted them from all taxes, to which they subjected merchants without exception. Arbuthnot on Coins. The Roman laws gave particular exemptions to such as built ships or traded in corn. Arbuthnot. An abbot cannot, without the consent of his convent, subject a monastery to any, from whose jurisdiction such monastery was exempted. Ayliffe. The god constrains the Greek to roam, A hopeless exile from his native home, From death alone exempt. Pope's Odyssey. There seem to be two situations which may be conceived to be exempted from rain falling upon them, one where the constant trade-winds meet beneath the line, for here two regions of warm air are mixed together, and thence do not seem to have any cause to precipitate their vapor; and the other is, where the winds are brought from colder climates, and become warmer by their contact with the earth of a warmer Darwin. one. the ceremony, or procession, of burial: relating to a funeral. tione; Span. and Port. exercicio; Lat. exercitium, exerceo, to use energetically. To employ; engage; train to practice: hence to make skilful; to busy as a neuter verb to use labor: as a substantive, exercise is labor; employment, labor with a view to health, or as contrasted with labor undertaken from necessity; practise; task; an act of divine worship: exercitation is a synonyme of exercise. Sore travel hath God given to the sons of man to be exercised therewith. Eccl. i. 13. The princes of the Gentiles exercise dominion over them, and they that are great exercise authority upon Matt. xx. them. Strong meat belongeth to them who, by reason of use, have their senses exercised to discern both good and evil. Hebr. Youth will never live to age, without they keep themselves in breath with exercise, and in heart with joyfulness. Sir P. Sidney. Until men find pleasure in the exercise of the mind. great promises of much knowledge will little persuade them that know not the fruits of knowledge. Id. The sceptre of spiritual regimen over us in this present world, is at the length to be yielded up into the hands of the Father which gave it; that is, the use and exercise thereof shall cease, there being no longer on earth any militant church to govern. Hooker. Good sir John, I'm in your debt for your last exercise; ship is, all offices are granted to him and his deputy: A man's body is confined to a place; where friendfor he may exercise them by his friend. Bacon's Essays. Men ought to beware that they use not exercise and a spare diet both: but if much exercise, a plentiful diet; if sparing diet, little exercise. Bacon. The learning of the situation and boundaries of kingdoms, being only an exercise of the eves and memory, a child with pleasure will learn them. Id. This faculty of the mind, when it is exercised immediately about things, is called judgment. Id. By frequent exercitations we form them within us. Felton. Mean while I'll draw up my Numidian troop Within the square, to exercise their arms. Addison. The French apply themselves more universally to their exercises than any nation: one seldom sees a young gentleman that does not fence, dance, and ride. Id. The purest exercise of health, The kind refresher of the Summer heats. Thomson. Know then, that providence calls thee to the exercise of industry, contentment, submission, patience, hope, and humble dependence on him, and a respecful deference to thy superiors. Mason. Prepare yourselves for the great world, as the athleta used to do for their exercises. Chesterfield. If after exercise we feed sparingly, the digestion will be easy and good, the body lightsome, the temper cheerful, and all the animal functions performed agreeably. Good lack quoth he, yet bring it me, In which I bear my trusty sword, When I do exercise. Franklin. Cowper. When we go from home in quest of amusement, or to the fields for the sake of exercise, we shall do well to leave all our speculations behind: if we carry them with us, the exercise will fatigue the body without refreshing it; and the amusement, instead of enlivening, will distract the soul. Beattle. But pray, Mr. Puff, what first put you on exercuing your talents in this way? Sheridan. A division which is very ancient, but, thougb sanctioned by the approbation of many ages, very illogical; since the will, which, in this division, is nominally opposed to the intellect, is so far from being opposed to it in reality, that, even by the assertors of its diversity, it is considered as exercising, in the intellectual department, an empire almost as wide as in the department allotted to itself. Dr. T. Brown. EXERCISE, or bodily motion, constitutes, in the langua e of the older physicians, one of the six non-naturals, and has been justly cons.dered, from the earliest times, as an important measure in the preservation of health, as well as in the cure of several diseases. It increases the circulation of the blood, attenuates the fluids; promotes a regular perspiration, and a due secretion of all the humors; accelerates the animal spirits; facilitates their distribution into all the fibres of the body; strengthens the parts; creates an appetite, and helps digestion. Boerhaave recommends bodily exercise in diseases of a weak and lax fibre. By riding on horseback, says his commentator, the pendulous viscera of the abdomen are shaken every moment, and gently rubbed one against another, while in the mean time the pure air acts on the lungs with greater force. But, though nothing is more conducive to health than moderate exercise, yet violent exercise dissipates the spirits, weakeas the body, destroys the elasticity of the fibres, and exhausts the fluid parts of the blood. EXERCISE, OF MANUAL EXERCISE, in military affairs, is the ranging a body of soldiers in form of battle, and making them perform the several motions and military evolutions with different management of their arms, in order to make them expert therein. See GYMNASTICS and MEDICINE. Formerly, in the British service, every commander in chief, or officer commanding a corps adopted or invented such manœuvres as he judged proper, excepting in the instance of a few regulations for review: neither the manual exercise, nor quick and slow marching were precisely defined by authority.-Consequently, when regiments from different parts of the kingdom were brigaded, they were unable to act in line till the general officer commanding had established some temporary system to be observed by all under his command. These inconveniences were, in some degree, obviated by the Rules and Regulations compiled by general Dundas, on the system of the Prussian discipline, as established by Frederick the Great. exercise, the men are placed three deep, either When a regiment is drawn up or paraded for by companies, or divided into platoons, with the grenadiers on the right. When soldiers are drawn up for exercise, the ranks and files should be exactly even. The distances between the files must be equal, and the ranks eight feet distant from each other. Every motion should be performed with life, and the greatest exactness observed in all firings, wheelings, and marchings; and therefore a regiment should never be under arms longer than two hours. The following is an abstract of the manual exercise, as altered and abridged by his Majesty's command, 1792.-Position of the Soldier under Arms. The equal squareness of the shoulders and body to the front, is the first and great principle of the position of the soldier :-The heels must be in a line, and closed:-The knees straight without stiffness;-The toes turned out, so that the feet may form an angle of about sixty degrees; the arms hang near the body, but not stiff; the flat of the hand, and little finger, touching the thigh, and the thumbs as far back as the seams of the breeches?-The elbows and shoulders are to be kept back :-The belly rather drawn in; and the breast advanced, but without constraint;-The body to be upright, but inclining rather forwards, so that the weight of it may bear chiefly on the fore part of the feet;-The head to be erect; and neither turned to the right nor to the left; the eyes alone will be glanced to the right. The body of the soldier being in this position, the firelock is to be placed in his left hand, against the shoulder; his wrist to be a little turned out, the thumb alone to appear in front; the four fingers to be under the butt; and the left elbow to be rather bent inwards, so as not to be separated from the body, or to be more backward or forward than the right one:-The firelock must rest on the hand, not on the end of the fingers; and be carried in such a manner as not to raise, advance, or keep back one shoulder more than the other; the butt must therefore be forward, and as low as can be permitted without constraint; the fore part a very little before the front of the thigh; and the hind part of it pressed by the wrist against the thigh :-It must be kept steady and firm before the hollow of the shoulder; should it be drawn back or carried too high, the one shoulder would be advanced, the other kept back, and the upper part of the body would be distorted, and not square with respect to the limbs.-WORDS OF COMMAND. I. Order Arms. Bring the firelock to the trail in two motions, as usual, seizing it at the first, at the lower loop, just above the swell; at the second, bring it down to the right side, the butt within two inches of the ground; at the third, drop the butt on the ground, placing the muzzle against the hollow of the right shoulder, and the hand flat upon the sling. II. Fix Bayonets. At the word Fir, place the thumb of the right hand, as quick as possible, behind the barrel, taking a gripe of the firelock; as soon as the word of command is fully out, push the firelock a little forward, at the same time drawing out the bayonet with the left hand, and fixing it with the utmost celerity: the instant this is done, return, as quick as possible, to the order, as above described, and stand perfectly steady. III. Shoulder Arms. As soon as the word shoulder is given, take a gripe of the firelock with the right hand, as in fixing bayonets, and, at the last word arms, the firelock must be thrown with the right hand in one motion, and with as little appearance of effort as possible, into its proper position on the left shoulder;VOL. VIII. the hand is brought to the centre of the body in CAVALRY EXERCISE is of two sorts, on horseback, and on foot. The squadrons for exercise are sometimes drawn up three deep, though fre3 A quently two deep; the tallest men and horses in the front, and so on. When a regiment is formed in squadrons, the distance of twenty-four feet, as a common interval, is always to be left between the ranks; and the files must keep boot-top to boot-top. The officers commanding squadrons must, above all things, be careful to form with great celerity, and, during the whole time of exercise, to preserve their several distances. In all wheelings, the flank which wheels must come about in full gallop. The men must keep a steady seat upon their horses, and have their stirrups at a fit length. ARTILLERY EXERCISE is the method of teach ing the regiments of artillery the use and practice of all the various machines of war, viz. Exercise of the light field pieces teaches the men to load, ram, and sponge the guns well; to elevate them according to the distance, by the quadrant and screw; to judge of distances and elevations without the quadrant; how to use the port-fire, match, and tubes for quick firing; how to fix the drag-ropes, and use them in advancing, retreating, and wheeling with the field-pieces; how to fix and unfix the trail of the carriage on the limbers; and how to fix and unfix the boxes containing the ammunition upon the limbers of the carriages. Exercise of the garrison and battering artillery is to teach the men how to load, ram, and sponge; how to handle the hand-spikes in elevating and depressing the metal to given distances; and for ricochet, how to adjust the coins, and work the gun to its proper place; and how to point and fire with exactness, &c. EXERCISE, in the royal navy, is the preparatory practice of managing the artillery and small arms, in order to make the ship's crew perfectly skilled therein, so as to direct its execution successfully in the time of battle. The words of command introduced, during the late war, for the exercise of the great guns, are the following: Silence; cast loose your guns; level your guns; take out your tompions; run out your guns; prime; point your guns; fire; sponge your guns; load with cartridge; shot your guns; put in your tompions; house your guns; and secure your guns. EXERT', v. a. Lat. erero, ex, expletive, and EXERTION, n. s. sero, to plant, or sow. To apply with effort or energy; to use with ardor; to put or push forth; enforce. Strong virtue, like strong nature, struggles stil, Exerts itself, and then throws off the ill. Dryden. plays; the reason is, that the writer puts himself in the place of every person that speaks. Shepstone. When so much general productive exertion is the consequence of luxury, the nation does not care though there are debtors in gaol; nay, they would not care though their creditors were there too. Johnson. On subjects on which the mind has been much informed, invention is slow of exerting itself. Sheridan. EXE'SION, n. s. Lat. eresus. The act of eating through. Theophrastus denieth the cresion or forcing of vipers Browne. through the belly of the dam. EXESTUATION, n. s. Lat. cxæstuo. The state of boiling; tumultuous heat; effervescence. Saltpetre is in operation a cold body: physicians and chymists give it in fevers, to allay the inward exestuations of the blood and humours. Boyle. EXETER, q. d. Excester, i. e. a city upon the Ex. The capital of Devonshire, anciently called Isex, and Isia Dumnoniorum. It had six gates, besides many turrets, several of which are now destroyed. It had formerly so many convents, that it was called Monktown, till king Athelstan changed its name to Exeter, about A. D. 930; when he fortified it with circular walls, embattlements, towers, and turrets of stone, encircling the whole, except the west side, with a deep moat. St. Peter's cathedral is a magnificent pile; though little now remains of the ancient fabric, except that part called Our Lady's Chapel. It has a ring of twelve bells, reckoned the largest in England: as is also its organ, whose largest pipes are fifteen inches in diameter. In 1763 the cathedral was repaired and new paved; when, in removing the old pavement, was found the leaden coffin and skeleton of bishop Bitten, who died in 1307; near the bones of the finger was found a sapphire ring. Near this stood a small neat chalice and patten of silver gilt. The top of the crozier was also found, but totally decayed. A most beautiful modern painted glass window has been lately erected at the west end of the cathedial, the east end having before a remarkably fine antique one. In the other windows there is much fine ancient painted glass. The altar is remarkable for its beautiful design and execution. On the left hand side of it is the seat where Edward the Confessor and his queen sat and installed Leofric his chancellor, the first bishop of Exeter ; and in the south cross aisle is the monument of the same Leofric who died in 1073. The western end of the church is adorned with the statues of the patriarchs, &c. The Chapterhouse was built in 1439. The throne for the bishop was constructed about 1466, and is said to be the grandest of the kind in Britain. The great north tower was completed in 1485, and contains a bell that weighs 17,472 pounds. This city has had various royal charters; but it was made a corporate town in the reign of king John, and a county by Henry VIII. It is governed by a mayor, twenty-four aldermen, four bailiffs, a recorder, chamberlain, sheriff, town clerk, &c., who try all civil causes. Criminal causes are tried by eight aldermen, who are justices of the peace. It had anciently a mint; and in the reigns of William III. and queea Anne, many pieces of silver money were coined |