privileges, which ought to have been given up long before. In 1796, he accepted the office of preacher in Bremen, to which he was unanimously elected. He was made doctor of divinity by the theological faculty in Marburg. In Bremen, also, finding the schools in a miserable state, he introduced many improvements in them, and rendered other important services to the city. After preaching there seven years, finding himself unable to endure the labor of discoursing in the large and frequently crowded church, he accepted, in 1805, an invitation to Heidelberg, as professor of morals. After two years, he was invited to Carlsruhe (1807), where he died, March 19, 1822. Besides his devotional works, he published a periodical called Urania, and, for several years, a Christliche Monatschrift, with several other works. His works may, perhaps, amount to 100 vols. Many of them have passed through three or four editions; all have been translated into Dutch, and some into French.

EWING, John, an eminent American divine and mathematician, was born in Cecil county, Maryland, June 22, 1732. His favorite study, from his early youth, was mathematics. In 1754, he joined the senior class at Princeton college, where he officiated, also, as a teacher of the grammar school. He was graduated with his class in 1755, and was appointed a tutor in the college. Having resolved to study divinity, he returned to Maryland, and was licensed to preach, after finishing his course, by the presbytery of Newcastle, Delaware. At the age of 26, Mr. Ewing was selected to instruct the philosophical classes in the college of Philadelphia. In the year 1759, he undertook the pastoral charge of the first Presbyterian congregation of that city, which he continued to exercise until 1773. In the interval, he collected materials for his excellent Lectures on Natural Philosophy, afterwards published. In the latter year, he was deputed to Great Britain, to solicit subscriptions for an academy, and there he formed an acquaintance with some distinguished men of science. In Scotland, the cities of Montrose, Glasgow, Dundee and Perth presented him with their freedom, and the university of Edinburgh conferred on him the degree of doctor of divinity. In London, lord North, then prime minister, held frequent conferences with him, respecting the dissensions between the colonies and the mother country. It is related that he overcame the prejudices

and conciliated the favor of doctor Sam uel Johnson, by his agreeable address and colloquial powers. Doctor Ewing returned to his native land in the year 1775. Four years after, he accepted the station of provost of the university of Pennsylvania, which he filled until his death." He became vice-president of the American philosophical society, to whose Transactions he contributed several valuable memoirs. He made important additions to the astronomical articles in the American edition of the Encyclopædia Britannica. His reputation as a mathematician caused him to be chosen one of the commissioners to run the boundary line of the state of Delaware, and to settle the boundary lines between the states of Massachusetts and Connecticut, and between Pennsylvania and Virginia. Doctor Ewing died, Sept. 8, 1802, in the 71st year of his age, universally respected for his virtues and knowledge.

EXANTHEMATA (eruptions); diseases of the skin, joined with fever, hence called acute, hot eruptions, to distinguish them from chronical eruptions, which are only incidentally accompanied with fever (called, in medical language, impetigines). They include the small pox, measles, scarlet fever, rash, &c. Each has its peculiarities, relating to the manner of its origin, to the form and position of the eruptions, and to the continuance of the disorder. (See Small Pox, &c.)

EXARCHATE. When Narses, the general of Justinian, emperor of the East, had entirely subdued the Goths and their allies in Italy (552-554), Justinian formed the middle part of Italy into a province of the Eastern empire, and gave the government of it to an officer called an exarch. Aistolphus, king of the Lombards, conquered Ravenna and the whole exarchate (752); but Pepin, king of the Franks, deprived him of it in 755, and bestowed it on the pope, Stephen III. Since this time, Ravenna and its territory have remained united to the papal dominions. Among the modern Greeks, an exarch is a deputy of the patriarch, who travels about in the provinces, and visits the bishops and churches.

Ex CATHEDRA (Latin; ex, from, and cathedra, from the Greek ka0idpa, chair); a phrase used in speaking of the solemn dictates or decisions of prelates, chiefly the popes, delivered in their pontifical capacity. Hence, in common language, the phrase is used for any decision, direc tion, order, &c., given with an air of off cial authority.

laneum and Pompeii (see those articles) have been very successful. The resurrection, as it were, of these cities, has encouraged the zeal of all countries. In France, the example of Peiresc has shown antiquarians how well that country can reward a diligent search. Montfaucon, Caylus, and, recently, Millin, have followed in his steps. In the official reports of the institute, accounts have frequently been given of the discovery of old cities and buildings; for example, of those at Famars, where vases have been found, with several thousand pieces of money, and two bathing-rooms, with painted walls. In Hungary, the excavations at Sabaria, and, in Germany, those on the Rhine, those near Alzey, and those at Brisgau (see Brisgau), and in several other places, are important. Spain appears to have taken no steps to decide whether its soil contains treasures. The Mosaic at Italica was discovered by accident. Pietro della Valle was one of the earliest travellers who made excavations for curiosities in Egypt. In these latter times, no stranger goes there without an axe and spade. Syria has been less explored. At Persepolis and Tadmor the ruins have been oftener described than explored. The tombs at Ilium were opened by count Choiseul-Gouffier, at the same time that Hamilton was examining those of Magna Græcia. The later travellers in Greece-Nointel, Spon and Wheelerappear to have been unable to obtain any thing beyond drawings. Of late years, the Turks have allowed regular excavations to be made in the neighborhood of ruined edifices. The most important discovery made there was that of the Æginetan statues of Panhellenic Jupiter, and some specimens of architecture from Phigalia. Comparatively few specimens of ancient art have been found in Sicily. Baron Giudica, indeed, caused a whole town (Acre) to be excavated; but only a few utensils rewarded his search. While Greece, Italy, Asia Minor and Egypt, and even distant India, have been explored, by travellers devoted to the arts, the people of the north of Europe have not been satisfied with waiting till accident should discover to them the remains of ancient times. In the Netherlands, a wooden bridge, evidently the work of the Romans, was discovered in a marsh; at Salzburg, the old Juvavium; at Bonn, and at Neuwied, some monuments of Roman power. Even the old town of Winfried was not neglected, and the pa gan monuments in Silesia were examined

EXCAVATIONS. The history of the regular explorations under ground, for the ancient remains of Roman art, begins with the edict of pope Leo X, August 27, 1515, appointing Raphael Sanzio superintendent of antiquities. The words of this edict, and, still more, a report to Leo X, formerly ascribed to count Castiglione, but afterwards acknowledged by Francesconi as the production of Raphael, give the clearest proof of the truly barbarian spirit with which the specimens of antiquity had been treated in Rome. By the regulations and the example of Raphael, order was introduced into the midst of this confusion. (See an account of his services in Fiorillo's History of Painting, i, 98; and Roscoe's Life of Leo X, chapter 22.) But the ground was still too rich to allow a regular and systematic search to take the place of an indiscriminate collection of curiosities. Flam. Vacca's excellent Comm. de Monumentis Romanis suo et Majorum Evo deprehensis, in 1594, of which Carlo Fea has given an improved edition, in his Miscellanea filologica, critica, et antiquaria (Rome, 1790, vol. i, page 51 et seq.), is therefore rather an account of accidental discoveries, than of regular excavations. The business of excavation was not carried on extensively in Rome until recently. Before this, only a few tombs (those of Naso, Scipio, &c.) and some vineyards had been opened. During the government of the French in Italy, the baths of Titus, the arena of the coliseum, the arch of Constantine, and the forum of Trajan, were laid open, either in whole or in part; and the excavations of the via sacra, of the ground around the temple of peace, and the columns of Phocas were begun, and have been carried on by the direction of the existing government, with a view of clearing the ancient forum entirely from the ruins of centuries. In this forum was found, in 1824, the first mile stone, from which all those upon the highways leading from Rome were numbered. In the Campagna di Roma, the villa of Adrian early attracted attention. The excava tions at Gabii (1792) are also celebrated. Those at Velia, at Ostia, under the direction of Fea, those at Antium, as well as the examinations at Otricoli and at Friuli, near Udine (1817), have always been productive. Several statues of the muses have lately been found, not far from Monte Calvo, in the Sabine territory; and, in 1826, a temple of Hercules, with statues, was accidentally discovered at Brescia. The skilfully conducted excavations at Hercu

Very recently, the late emperor Alexander caused the remains of past ages, all along the Black sea, and in Taurida, to be examined by the antiquarian Von Köhler, and those which could not be removed to be exactly measured and described. Thus both north and south are making similar exertions. Among late excavations of great interest are those on the estate of the prince of Canino, where Etruscan vases were found, in 1830, apparently of very remote antiquity. (See Etruria.) Very recently, excavations have been made on the site of the ancient Pæstum, which have led to the discovery of a vast temple, with sculptures of the greatest interest. They are particularly described in the Paris Journal des Débats, of July 5, 1830.

EXCELLENCY; a title first given to the Lombard kings, and afterwards assumed by several emperors of the West; for instance, Charlemagne, Conrad I, Frederic I, &c. It was afterwards transferred to the inferior princes, especially in Italy, until they also gave it up, after pope Urban VIII, in 1630, had bestowed the title of eminence on the cardinals. The princes now assumed that of highness; the more readily because some ambassadors of the first rank, at Rome, had already adopted the title. Since that time, the title of excellency has, by general use, become a title of office or service, in no case hereditary, or transferable from one member of a family to another, but always belonging to the office, and only borne, on the European continent, by ministers in actual service, by the highest court and military dignitaries, and by ambassadors and plenipotentiaries. Foreign ministers are addressed by the title of your excellency, by way of courtesy, even if they have no rank which entitles them to this distinction; but chargés d'affaires never receive this title. Governors of English colonies are also called excellency. In the U. States, the governor of Massachusetts is the only one who has the title of excellency by a constitutional provision. The president of the U. States is sometimes spoken of in foreign papers as his excellency the president. We have seen that the title was at first given to emperors; at present, the lower classes in Italy call every foreigner, with a whole coat, eccellenza.

EXCEPTION, LAWS OF. (See Laws of Exception.)

EXCHEQUER; an ancient court of record, established by William the Conqueror, and intended principally to order the revenues of the crown, and to recover the

king's debts and duties. The court consists of two divisions, viz., the receipt of the exchequer, which manages the royal revenue, and the judicial, which is subdivided into a court of equity, and a court of common law. (See Courts of England, vol. 3, p. 590.)

EXCISE may be said to be an inland duty, or impost, laid on commodities consumed, or on the retail, which is the last stage before consumption, as an excise on coffee, soap and candles, which a man consumes in his family. Many articles, however, are excised at the manufactories. As, however, in few countries the definitions of excise, impost, custom, &c., are scientifically settled, it is almost impossible to give a satisfactory explanation of excise applicable to all countries. Excise is either general, extending to all commodities, or particular, levied only on certain articles of consumption. The latter sort was introduced into Saxony, at the diet of Leipsic, as early as 1438, and extended in 1440, at the diet of Grimma; but a perfect system of general excise was first devised in France, and thence introduced into Holland, soon after it had assumed a republican form of government; into the state of Brandenburg, under the reign of the elector Frederic William the Great; and into Saxony in the beginning of the 18th century. (See Consumption, Direct Taxes, Taxes, &c.)

EXCOMMUNICATION; the exclusion of a person from a society, the depriving him of its fellowship; more particularly, the exclusion of a Christian from the church. Some kind of excommunication has existed wherever societies have existedsecular, spiritual, literary, &c. The Jews practised excommunication, viz., an exclusion from communion in the benefits of religious worship with the people. In the early Christian church, excommunication was exercised by the whole community, and the power of expelling unworthy members must have been highly necessary in so delicate a situation as that in which the first Christians were placed. By degrees, the right of excommunication became confined to the bishops; and, both in the Greek and Roman Catholic churches, the subject of excommunication became more and more distinctly settled by treatises and decrees. A person excommunicated from the Roman Catholic church is put out of the communion of the faithful; viz., he cannot hear mass, partake in the Lord's supper, nor attend public prayers, &c.; no person is allowed to have any communication with him

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 excommunication 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 bishopries. The king was obliged to yield, and received back his kingdom as a papal fief. No country, however, has suffered more from 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 present 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 government, 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 shall 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 judgment 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 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 ordered, 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 the 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