in a general sense, the act of accomplishing, finishing, or achieving anything.

in Law, the completing or finishing some act, as of judgment, deed, &c. and it usually signifies the obtaining possession of any thing recovered by judgment of law.

Sir Edward Coke observes, that there are two sorts of executions: the one final; and the other a quoique, that tends to an end. An execution final, is that which makes money of the defendant's goods; or extends to his lands and delivers them to the plaintiff, who accepts the same in satisfaction; and this is the end of the suit, and the whole that the king's writ requires to be done. The writ of execution with a quoique, though it tends to an end, yet is not final, as in the case capias ad satisfaciæ, where the defendant's body is to be taken, in order that the plaintiff may be satisfied for his debt. See CAPIAS.

Executions are either in personal, real, or mixed actions. In a personal action, the execution may be made three ways, viz. by the writs of capias ad satisfaciendam, against the body of the defendant; fieri facias, against his goods; or elegit, against his lands. See FIRMI FACIAS and ELEGIT.

In a real and mixed action, the execution is by writ of habere facias faciam, and habere poiffficienm*. Writs* See Ha- of execution bind the property of goods only from the time of delivery of the writ to the sheriff; but the land is bound from the day of the judgment obtained: and here the sale of any goods for valuable consideration, after a judgment, and before the execution awarded, will be good. It is otherwise as to lands, of which execution may be made, even on a purchase after the judgment, though the defendant sell such land before execution. Likewise, sheriffs may deliver in execution all the lands whereof others shall be seized in trust for him against whom execution is had on a judgment, &c.

When any judgment is signed, the execution may be taken out immediately thereon; but if it be not issued within a year and a day after, where there is no fault Execution fault in the defendant, as in the case of an injunction, writ of error, &c. there must be a *facia facias*, to revive the judgment; though, if the plaintiff fues out any writ of execution within the year, he may continue it after the year is expired. After judgment against the defendant, in an action wherein special bail is given, the plaintiff is at liberty to have execution against such defendant, or against his bail: but this is understood where the defendant does not render himself, according to law, in safeguard of the bail: and execution may not regularly be sued forth against a bail, till a default is returned against the principal: also if the plaintiff takes the bail, he shall never take the principal.

It is held that an execution may be executed after the death of the defendant: for his executor, being privy thereto, is liable, as well as the testator. The executor is an entire thing, so that he who begins must end it; therefore, a new sheriff may disfrain an old one, to sell the goods seized on a distringas, and to bring the money into court.

**Execution**, in criminal cases, the completion of human punishment. This follows judgment; and must in all cases, capital as well as otherwise, be performed by the legal officer, the sheriff or his deputy; whose warrant for doing was anciently by precept under the hand and seal of the judges, as it is still practised in the court of the lord high steward, upon the execution of a peer: though, in the court of the peers in parliament, it is done by writ from the king. Afterwards it was established, that in case of life, the judge may command execution to be done without any writ. And now the usage is, for the judge to sign the kalendar or list of all the prisoners names, with their separate judgments in the margin, which is left with the sheriff. As, for a capital felony, it is written opposite to the prisoner's name, "let him be hanged by the neck:" formerly, in the days of Latin and abbreviation, "suf. per coll." for "suspensatur per column." And this is the only warrant that the sheriff has for so material an act as taking away the life of another. It may certainly afford matter of speculation, that in civil causes there should be such a variety of writs of execution to recover a trifling debt, fixed in the king's name, and under the seal of the court, without which the sheriff cannot legally stir one step; and yet that the execution of a man, the most important and terrible task of any, should depend upon a marginal note.

The sheriff, upon receipt of his warrant, is to do execution within a convenient time; which in the country is also left at large. In London, indeed, a more solemn and becoming exactness is used, both as to the warrant of execution and the time of executing thereof: for the recorder, after reporting to the king in person the case of the several prisoners, and receiving his royal pleasure, that the law must take its course, issues his warrant to the sheriffs, directing them to do execution on the day and at the place assigned. And in the court of king's bench, if the prisoner be tried at the bar, or brought there by *habeas corpus*, a rule is made for his execution; either specifying the time and place, or leaving it to the discretion of the sheriff.

And, throughout the kingdom, by statute 25 Geo. II. c. 37, it is enacted that, in case of murder, the judge shall in his sentence direct execution to be performed on the next day but one after sentence passed. But, otherwise, the time and place of execution are by law no part of the judgment. It has been well observed, that it is of great importance that the punishment should follow the crime as early as possible; that the prospect of gratification or advantage, which tempts a man to commit the crime, should instantly awake the attendant idea of punishment. Delay of execution serves only to separate these ideas; and then the execution itself affects the minds of the spectators rather as a terrible sight, than as the necessary consequence of transgression.

The sheriff cannot alter the manner of the execution, by substituting one death for another, without being guilty of felony himself. It is held also by Sir Edward Coke and Sir Matthew Hale, that even the king cannot change the punishment of the law, by altering the hanging or burning into beheading; though, when beheading is part of the sentence, the king may remit the rest. And, notwithstanding some examples to the contrary, Sir Edward Coke strongly maintains, that *judicandum est legis*, non exemplis. But others have thought, and more justly, that this prerogative, being founded in mercy, and immemorially exercised by the crown, is part of the common law. For hitherto, in every instance, all these exchanges have been for more merciful kinds of death; and how far this may also fall within the king's power of granting conditional pardons (viz. by remitting a severe kind of death, on condition that the criminal submits to a milder) is a matter that may bear consideration. It is observable, that when Lord Stafford was executed for the popish plot in the reign of King Charles II., the then sheriffs of London, having received the king's writ for beheading him, petitioned the house of lords, for a command or order from their lordships, how the said judgment should be executed: for, he being prosecuted by impeachment, they entertained a notion (which is said to have been countenanced by Lord Ruffel), that the king could not pardon any part of the sentence. The lords resolved, that the scruples of the sheriffs were unnecessary; and declared, that the king's writ ought to be obeyed. Disappointed of raising a flame in that assembly, they immediately signified to the house of commons by one of the members, that they were not satisfied as to the power of the said writ. That house took two days to consider of it; and then fully resolved, that the house was content that the sheriff do execute Lord Stafford by levering his head from his body. It is farther related, that when afterwards the same Lord Ruffel was condemned for high treason upon indictment, the king, while he remitted the ignominious part of the sentence, observed, "That his lordship would now find he was possessed of that prerogative, which in the case of Lord Stafford he had denied him." One can hardly determine (at this distance from those turbulent times), which most to disapprove of, the indecent and sanguinary zeal of the subject, or the cool and cruel sarcasm of the sovereign.

To conclude: It is clear, that if, upon judgment to be hanged by the neck till he is dead, the criminal be not thoroughly killed, but revives, the sheriff must hang him again. For the former hanging was no execution of the sentence; and, if a false tenderness were to be indulged in such cases, a multitude of collusions might ensue. Nay, even while abjurations were in force, such Execution a criminal, so reviving, was not allowed to take sanctuary and abjure the realm; but his fleeing to sanctuary was held an escape in the officer.

**Execution**, in the law of Scotland. See Law Index.

**Execution**, in the French music, is used to denote the manner of singing, or of the performance of a song. "As to the manner of singing, called in France execution, no nation may, with any probability dispute it with the French. If the French, by their commerce with the Italians have gained a bolder composition, the Italians have made their advantage of the French, in learning of them a more polite, moving, and exquisite execution," St Evremond.

**EXECUTIVE POWER.** The supreme executive power of these kingdoms is vested by our laws in a single person, the king or queen for the time being. See the article King.

The executive power, in this state, hath a right to a negative in parliament, i.e., to refuse assent to any acts offered; otherwise the two other branches of legislative power would, or might, become defective.

**EXECUTOR,** a person nominated by a testator, to take care to see his will and testament executed or performed, and his effects disposed of according to the tenor of the will. See Law.

**Executor,** in Scots Law, signifies either the person entitled to succeed to the moveable estate of one deceased, or who by law or special appointment is intrusted with the administration of it.

**EXECUTORY,** in Law, is where an estate in fee, that is, made by deed or fine, is to be executed afterwards by entry, livery, or writ. Leafe for years, annuities, conditions, &c., are termed inheritances executory.

**EXECUTRY,** in Scots Law, is the moveable estate falling to the executor. Under executry, or moveables, is comprehended every thing that moves itself, or can be moved; such as corns, cattle, furniture, ready money, &c.

**EXEDRÆ,** in antiquity, denoted 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 exedrae the chief was the Baptistery.

**EXEGESIS,** a discourse by way of explanation or comment upon any subject. In the Scotch universities, there is an exercise among the students in divinity, called an exegesis, in which a question is stated by the respondent, who is then opposed by two or three other students in their turns; during which time the professor moderates, and solves the difficulties which the respondent cannot overcome.

**EXEGETES,** (formed of ἐξηγεῖσθαι, "I 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,** a model, or original, to be imitated, or copied. See Model.

**Exemplar also denotes the idea, or image, conceived or formed in the mind of the artist, whereby he conducts his work. Such is the idea of Caesar, which a painter has in his mind when he goes to make a picture of Caesar.

**EXEMPLIFICATION of Letters Patent,** denotes an exemplar, or copy of letters patent, made from the enrolment thereof, and sealed with the great seal of England. Such exemplifications are as effectual to be showed or pleaded, as the letters patent themselves.

**EXEMPTION,** in Law, a privilege to be free from some service or appearance: thus, barons and peers of the realm are, on account of their dignity, exempted from being sworn upon inquests; and knights, clergymen, and others, from appearing at the sheriff's turn. Persons of 70 years of age, apothecaries, &c., are also by law exempted from serving on juries; and justices of the peace, attorneys, &c., from parish offices.

**EXERCISE,** among physicians, such an agitation of the body as produces salutary effects in the animal economy.

Exercise may be said to be either active or passive. The active is walking, hunting, dancing, playing at bowls, and the like; as also speaking, and other labour of the body and mind. The passive is riding in a coach, on horseback, or in any other manner. Exercise may be continued to a beginning of weariness, and ought to be used before dinner in a pure light air; for which reason, journeys, and going into the country, contribute greatly to preserve and re-establish health.

Exercise increases the circulation of the blood, attenuates and divides the fluids, and promotes a regular perspiration, as well as a due secretion of all the humours; for it accelerates the animal spirits, and facilitates their distribution into all the fibres of the body, strengthens the parts, creates an appetite, and helps digestion. Whence it arises, that those who accustom themselves to exercise are generally very robust, and seldom subject to diseases.

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 as it were one against another, while in the mean time the pure air acts on the lungs with greater force. But it is to be observed that a weak man should not ride with a full stomach, but either before dinner, or after the digestion is nearly finished; for when the stomach is distended, weak people do not bear these concussions of the horfe without difficulty; but when the prime vises are nearly empty, the remaining feces are discharged by this concussion. Sailing in a ship is also an exercise of great use to weak people. If the vessel moves with an even motion, by increasing perspiration it usually excites a wonderful alacrity, creates an appetite, and promotes digestion. These exercises are more especially serviceable to weak people; but, in order to strengthen the body by muscular motion, running and bodily exercises are to be used. In these we should begin with the most gentle, such as walking, and increase it by degrees till we come to running. Those exercises of the body are more especially serviceable which give delight to the mind at the same time, as tennis, fencing, &c.; for which reason, the wisdom of antiquity appointed rewards for those who excelled in these gymnastic exercises. Exercise, that by this means the bodies of their youth might be hardened for warlike toils.

As nothing is more conducive to health than moderate exercise, so violent exercise dilatates the spirits, weakens the body, destroys the elasticity of the fibres, and exhausts the fluid parts of the blood. No wonder, then, that acute and mortal fevers often arise from too violent exercise of the body; for the motion of the venous blood towards the heart being quickened by the contraction of the muscles, and the veins being thus depleted, the arteries more easily propel their contained humours through the smallest extremities into the now less resisting veins; and therefore the velocity of the circulation will be increased through all the vessels. But this cannot be performed without applying the humours oftener, or in a greater quantity, to the secretory organs in the same time, whence the more fluid parts of the blood will be dilated, and what remains will be insipidized; and by the greater action of the vessels upon their contained fluids, and of the reacting fluids upon the vessels, the blood acquires an inflammatory density. Add to this, that by the violent attrition of the solids and fluids, together with the heat thence arising, all the humours will incline to a greater acrimony, and the salts and oils of the blood will become more acid and volatile. Hence, says Boerhaave, those fevers which arise from too much exercise or motion, are cured by rest of body and mind, with such ailments and medicines as moisten, dilute, and soften or allay acrimony.

The exercise of a soldier in camp, considered as conducive to health, Dr Pringle distinguishes into three heads: the first relating to his duty, the second to his living more commodiously, and the third to his diversions. The first, consisting chiefly in the exercise of his arms, will be no less the means of preserving health than of making him expert in his duty: and frequent returns of this, early, and before the sun grows hot, will be made more advantageous than repeating it seldom, and staying out long at a time; for a camp affording little convenience for refreshment, all unnecessary fatigue is to be avoided. As to the second article, cutting boughs for shading the tents, making trenches round them for carrying off the water, airing the straw, cleaning their clothes and accoutrements, and assiting in the benefits of the mes, ought to be no disagreeable exercise to the men for some part of the day. Lastly, As to diversions, the men must be encouraged to them either by the example of their officers, or by small premiums to those who shall excel in any kind of sports as shall be judged most conducive to health: but herein great caution is necessary, not to allow them to fatigue themselves too much, especially in hot weather or sickly times; but above all, that their clothes be kept dry, wet clothes being the most frequent causes of camp diseases.