EXE

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EXE

eluded from the church militant anti triumphant, and deliveredever to the devil and his angels. 3. Anathema, which is properlythat pronounced by the pope against heretical princes and coun-tries. In former ages, these papal fulminations were most terriblethings; but at present they are formidable to few or none.

EXCORIATION, in medicine and surgery, the galling, orrubbing off of the cuticle, especially of the parts between thethighs and about the anus. In adnlts, it is occasioned by riding,much walking, or other vehement exercise, and may be cured byvulnerary applications. In children there is often an excoriation,not only of the parts near the pudenda, chiefly of the groin andscrotum, but likewise in the wrinkles of the neck and under thearms; proceeding from the acrimony of urine and sweat; and oc-casioning itching pains, crying, restlessness, &c. The parts af-fected should be often washed with warm water, and sprinkledwith drying powders, as chalk, or hartshorn, but especially tutty,or lapis calaminaris, which may be tied loosely in a rag, and thepowder shaken out on the parts; but ceruse, which some nursesuse in this way, is very dangerous.

EXCREMENTS , are the fibrous parts of the aliments, mixedwith the bile, saliva, and other fluids. Urine and the faces arethe gross excrements that are discharged out of the bladder andbelly. Sweat, or the matter perspired by the pores, in conse-quence of heat or violent exercise, may also lie considered as ex-crcmeutitious. Rut we cannot agree with those who consider asexcrements, those secretions from the blood, which answer veryimportant ends in the animal ccconomy; such as the saliva, bile,pancreatic juice, lymph, and semen. Nay even the nails, hair,horns, and hoofs, of animals, have been considered by some as ex-crementitious parts. But these are much more properly stiled by-others excrescences. As to the fluid secretions above-mentioned,there is this evident distinction between them and the excrementsof the body, that the former are of the highest utility, while thelatter are expelled as no longer capable of rendering' the animalany service, but on the contrary, if long retained, would prove in-jurious. See Fjeces.

EXCRESCENCE, in surgery, a preternatural tumour upontlie skin, either in the form of a wart or tubercle. If they are born"’ith a person, as they frequently are, they arc called naivi materni,or marks from the mother; but if the tumour is large, so as to de-pend from the skin, like a fleshy mass, it is then called a sarcoma.

See Surgery.

EXC RE l'lON, or SECRETION , in physiology, a separationsome fluid from the blood by means of the glands. See Phy-siology. b

.EXCRETORY ducts, in anatomy, a term applied to cer-1

tain little vessels, destined for the reception of a fluid, secreted incertain glandules, and other viscera, for the excretion of it in theappropriated places.

EXCUBIT'., in antiquity, the watches and guards kept in the -‘lav by the Roman soldiers, contradistinguished from the vigilaiwlm-h were kept in the night.

EXCULPATION, Letters of, in Scots law, a writ or suni-luons issued, by authority of the court of justiciary, at the instancept a pannei, tor citing witnesses to prove his defences, or his ob-jections to any ot the jury or witnesses cited against him.

LXCUSATI, in church history, slaves," who flying, to anychurch for sanctuary,, were cxcusecf and pardoned by their mas-ters; hut these were obliged to take an oatli to that purpose beforethey could have them again; and, if they broke the oath, they' ve r*‘punished and fined as persons guilty of perjury.

. EXECRATION, in antiquity, a kind of punishment, consist-[Iln g of direful curses and marks of infamy: such was that useda gJuist Philip of Macedcn by the Athenians. A general assembly0 hie people being called, they made a decree, that all the statues•itul uuages of that king, and of ali his ancestors, should be demo-'Mied, ami their very name razed; that all the festivals, sacredc, > priests, and whatever else had been instituted in honour of'ui, should be profaned; that the very places where there hadleen any monument or inscription to his honour, should be delest-; that nothing should lie set up, or dedicated in them, whichouut be done in clean places; and, lastly, that the priests, as often>s ttiev prayed for the Athenian people, allies, armies, and fleets,

A 01,1,1 as many times detest and execrate Philip, his children,''igdom, land and sea forces, and the whole race and name of the• jeedonians. At the taking and demolishing of cities, it wasVuuu.-_vo.78_ b * '

usual amongst the Jews , Greeks, and Romans, to pronounce curse 3upon, and load with direful execrations, the rebuilders of them.

EXECUTION, in a general sense, the act of accomplishing,finishing, or achieving, any thing to be done.

Execution, in law, the completing or finishing of some act, asof judgement, Seed, &c. and it usually signifies t lie obtaining ot pos-session of any tiling recovered by judgement of law. Sir EdwardCoke observes, that there are two sorts of executions; the onefinal; and the other a quousque, that tends to an end. An execu-tion final, is that which makes money of the defendant’s goods ;or extends to his lands, and delivers them to the plaintiff, who ac-cepts the same in satisfaction ; and this is the end of the suit, andtlie whole that the king’s writ requires to be done. r l be writ ofexecution with a quousque, though it tends to an end, yet is notfinal, as in the case of a capias ad satisfac. w here the defendant’s,body is to be taken, in order that tiie plaintiff'may be satisfied forhis debt. Executions are either in personal, real, or mixed ac-tions. In a personal action, the execution may be made threeways, viz. by tlie writ of capias ad satisfaciendum, against the bo-dy of the defendant; fieri facias, against his goods; or digit,against his lands. See Elicit, and Fieri Facias. In a real andmixed action, the execution is bv writ of habere facias sasinam,and habere possessionem. See Habere. Writs of executionbind tlie property of goods only from tlie time of delivery of tliewrit to the sheriff'; hut tlie land is bound from the day of thejudgement obtained: and here the sale of any goods for valuableconsideration, after a judgement, and before the execution award-ed, will be good. It is otherwise as to lands, of which executionmay be made, even on a purchase after tlie judgement, though thedefendant sell such land before execution. Likewise, sheriffs maydeliver in execution all the lands whereof others shall be seised intrust for him, against whom execution is had on a judgement, &c.When any judgement is signed, the execution may be taken outimmediately thereon ; but if it be not issued within a year and aday* after, where there is no fault in the defendant, as in the cast;of an injunction, writ of error, &c. there must be a scire facias, torevive tlie judgement; though, if the plaintiff'sues out any- writ ofexecution within the year, he may continue it after the year is ex-pired. After judgement against tlie defendant, in an action whereinspecial bail is given, the plaintiff is at liberty to have executionagainst such defendant, or against his bail: but this is understoodwhere the defendant does not render himself, according to law, insafeguard of the bail; and execution may not regularly lie suedforth against a bail, till a default is returned against the principal talso if the plaintiff'take tlie bail, he shall never take the principal.It is held that ail execution may be executed after tlie death of tliedefendant: for his executor, being privy thereto, is liable as wellas the testator. The execution is an entire tiling, so that he whobegins must end it: therefore, a new sheriff' may distrain an oldone, to sell tlie goods seized on a distringas, and to bring tlie mo-ney into court.

Execution of Criminals, must be according to tlie judge-ment; and the king cannot alter a judgement from hanging to be-heading, because no execution can be warranted, unless it be pur-suant to the judgement. This, being the completion of human pu-nishment, in all cases, as well capital as otherwise, must he per-formed by tlie legal officer, the sheriff', or his deputy. Murderersare to lie executed the dav next but one after conviction, unless itbe Sunday, and anatomised; for which reason they are general!ytried on a'Friday.

Execution, in music, a term applicable to every species ofmusical performance; but more particularly used to express a faci-lity of voice or finger in running rapid divisions, and other difficultand intricate passages: it includes, in a general sense, taste, feel-ing, grace, ami expression.

EXECUTOR, is a person appointed by the testator, to carryinto execution his will and testament after his decease. The regu-lar mode of appointing an executor, is by naming him express! vin the will; but any words indicating an intention of tlie testatorto appoint an executor w ill be deemed a sufficient appointment.Any person capable of, making a will, is also capable of being anexecutor: but in some cases, persons who are incapable of mak-ing a will, may nevertheless act as executors, as infants, or marriedwomen; to obviate, however, inconveniences which have occur-red respecting tlie former, it is enacted by stat. 38 Geo. HI. c.80, that where an infant is sole executor, administration, with tlie4 U will

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