The following table taken from the money article of a London daily paper

indicates the exchanges which are of most interest to England:--

_Foreign Exchanges._

+-----------------------+-----------------+----------------+----------------+

| | June 14. | June 15. | June 16. |

+-----------------------+-----------------+----------------+----------------+

| Paris, cheques | 25 f. 18 c. | 25 f. 18 c. | 25 f. 18 c. |

| " Mkt. discount | 2-1/2-5/8 p.c. | 2-1/2-5/8 p.c. | 2-1/2-5/8 p.c. |

| Brussels, cheques | 25 f. 23 c. | 25 f. 23-1/2 c.| .. |

| Berlin, sight | 20 m. 48-3/4 pf.|20 m. 48-3/4 pf.| 20 m. 48 pf. |

| " 8 days | 20 m. 46-1/2 pf.|20 m. 46-1/4 pf.|20 m. 45-1/2 pf.|

| " Mkt. discount | 3-7/8 p.c. | 3-7/8 p.c. | 3-7/8 p.c. |

| Vienna, sight | Holiday |24 kr. 02-1/4 h.|24 kr. 02-3/4 h.|

| Amsterdam, sight | 12 fl. 13-1/8 c.|12 fl. 13-1/4 c.| .. |

| Italy, sight | Holiday | 25 lire 15 c. | .. |

| Madrid, sight | " | 27 ps. 68 | .. |

| Lisbon, sight | " | .. | .. |

| St Petersburg, 3 ms. | 94 r. 10 | 94 r. 10 | .. |

| Bombay, T.T. | 1s. 4d. | 1s. 4d. | 1s. 4d. |

| Calcutta, T.T. | 1s. 4d. | 1s. 4d. | 1s. 4d. |

| Hong-Kong, T.T. | 2s. 1-1/16d. | 2s. 1-1/16d. | 2s. 1-1/16d. |

| Shanghai, T.T. | 2s. 10-3/4d. | 2s. 10-5/8d. | 2s. 10-5/8d. |

| Singapore, T.T. | 2s. 4-1/16d. | 2s. 4-1/16d. | 2s. 4-1/16d. |

| Yokohama, T.T. | 2s. 0-3/8d. | 2s. 0-3/8d. | 2s. 0-3/8d. |

|*Rio de Jan'ro, 90 days| 16-9/16d. | 16-9/16d. | 16-17/32d. |

|*Valparaiso, 90 days | | | |

| Coml. | 14-3/8d. | 14-3/8d. | 14-1/4d. |

|*B. Ayres, 90 days | 48-1/8d. | 48d. | 48d. |

+-----------------------+-----------------+----------------+----------------+

* These rates are telegraphed on the day preceding their receipt.

In the case of Paris and Berlin it will be noticed that the local rate

of discount is also given, as the value of money in these centres, in

relation to the value of money in London, is the most important factor

in a movement of the exchange. Vienna has become important owing to the

improvement in the financial position of Austria, and still greater

improvement is shown in the case of Italy, whose currency stands in the

above list better even than that of France. Spain, which should stand at

about the same rate, still has a depreciated paper currency. Lisbon

stands also at a discount, as the milreis should be worth 53-1/4 pence.

In Russia the exchange showing 94.10 roubles to L10 is carefully and

cleverly controlled in spite of the bad internal position. The India

exchanges move slightly, as the currency is firmly established at the

rate of 15 rupees to the L1. Hong-Kong quotes for the old Mexican dollar

and a British trade dollar; Shanghai for the tael containing on an

average 517-1/2 grains of fine silver. The Straits Settlements have

fixed their money on a gold basis at 2s. 4d. per dollar, on the lines of

the arrangement made in India. In Japan there is a gold standard, and

par of exchange is 2s. 0-1/2d. for the yen. Brazil, Chile and Argentina

have a depreciated paper currency, and the last quotation of 48d. is for

the gold dollar equal to five francs, but there is a premium on gold in

the River Plate of 127.27-1/2% and for the present a gold standard is

re-established on this basis. The letters T.T. with the eastern

exchanges signify telegraphic transfer or the rate for payments made by

cable. The very important New York rates are always given in another

part of the daily paper with other details of American commercial

interest.

These rates are all quotations for payments in England, and all over the

world the exchange on London is the exchange of the greatest importance.

This unique position was gained originally, probably, through the

geographical position of the United Kingdom, and has been maintained

owing to several reasons which secure to London a peculiar position by

comparison with any other capital. Britain's colossal trade ensures a

supply of and a demand for English remittances. Even when goods or

produce are dealt in between foreign countries a credit is opened in

London, so that the shipper of the produce can offer in the local market

a bill of exchange which is readily saleable. With the highly developed

banking system a large amount of deposits is collected in London, and

the result is that bills of any usance up to six months can be

immediately discounted, and the proceeds, if required, can be handed

over in gold. There are in London a great number of wealthy banks and

banking houses whose reputation and solidity allow any one of them to

accept bills for amounts varying from one to ten millions sterling,

whereby large commissions are earned.

These four advantages, namely, a free gold market, a huge trade, an

enormous accumulation of wealth, and a discount market such as exists

nowhere else, have made London an unrivalled financial centre, and

consequently bills on London are an international money and the best

medium of exchange.

AUTHORITIES.--_A B C of the Foreign Exchanges_, by George Clare;

_Foreign Exchanges_, by Goschen; _Arbitrage_, by Deutsch; _Arbitrages

et Parites_, by Ottomar Haupt; Swoboda, _Arbitrage_ (12th edition), by

Max Fuerst. (E. M. Ha.)

EXCHEQUER. The word "exchequer" is the English form of the Fr.

_echiquier_, low Lat. _scaccarium_, and its primary meaning is a

chess-board (see CHESS). As the name of a government department dealing

with accounts it is derived from the exchequer or the "abacus" by means

of which such accounts were kept, such a contrivance being almost

universally in use before the introduction of the Arabic notation. In

England the department or court of accounts was named originally "the

tallies" from the notched sticks or tallies which constituted the

primitive means of account-keeping (which were only abolished in 1826),

and was only subsequently, probably in the reign of Henry I., named the

exchequer from the use of the abacus. Both the name and the general

features of the institution may reasonably be attributed to Norman

influence, since we find both in Normandy and in the Norman kingdom of

Sicily, as well as in Scotland and Ireland; the two latter cases being

directly due to English example. As a court of law the exchequer owed

its existence in England, as elsewhere, to the necessity of deciding

legal questions arising from matters of account, and its secondary

activities soon overshadowed its original functions.

We cannot say whether the exchequer, as known in England, is older than

the beginning of the 12th century. The treasury, which may be regarded

as one of its constituents, dates from before the conquest, and the

officers of the exchequer who were drawn from the treasury staff can be

traced back to Domesday. But our earliest information about the

exchequer itself, apart from that afforded by the pipe rolls (see

RECORD), rests on a treatise (_Dialogus de Scaccario_) written about

A.D. 1179 by Richard, bishop of London and treasurer of England. His

father, Nigel, bishop of Ely, had been treasurer of Henry I., and nephew

to that king's great financial minister Roger, bishop of Salisbury.

Nigel is said to have reconstituted the exchequer after the troubles of

Stephen's reign upon the model which he inherited from his uncle. The

Angevin, or rather the Norman, exchequer cannot be regarded in

strictness as a permanent department. It consisted of two parts: the

lower exchequer, which was closely connected with the permanent treasury

and was an office for the receipt and payment of money; and the upper

exchequer, which was a court sitting twice a year to settle accounts and

thus nearly related to the Curia Regis (q.v.). We dare hardly say that

either exchequer existed in vacation; indeed the word (like the word

"diet") seems to have been limited at first to the actual sitting of the

king's court for financial purposes. The Michaelmas and Easter

exchequers were the sessions of this court "at the exchequer" or

chess-board as it had previously sat "at the tallies." The constitution

of the court was that of the normal Frankish curia. The king was the

nominal president, and the court consisted of his great officers of

state and his barons, or tenants-in-chief, and it is doubtless due to

the fact that the exchequer was originally the curia itself sitting for

a special purpose that its unofficial judges retained the name of

"barons" until recent times. Of the great officers we may probably find

the steward in the person of the justiciar, the normal president of the

court. He sat at the head of the exchequer table. The butler was not

represented. The chancellor sat on the justiciar's left; he was

custodian _ex officio_ of the seal of the court, and thus responsible

for the issue of all writs and summonses, and moreover for the keeping

of a duplicate roll of accounts embodying the judgments of the court. On

the left of the chancellor, and thus clear of the table, since their

services might be required elsewhere at any moment, sat the constable,

the two chamberlains and the marshal. The constable was the chief of the

outdoor service of the court, and was responsible for everything

connected with the army, or with hunting and hawking. The two

chamberlains were the lay colleagues of the treasurer, and shared with

him the duty of receiving and paying money, and keeping safe the seal of

the court, and all the records and other contents of the treasury. The

marshal, who was subordinate to the constable, shared his duties, and

was specially responsible for the custody of prisoners and of the

vouchers produced by accountants. At the head of the table on the

justiciar's right sat, in Henry II.'s time, an extraordinary member of

the court, the bishop of Winchester. The treasurer, like the chancellor

a clerk, sat at the head of the right-hand side of the table. He charged

the accountants with their fixed debts, and dictated the contents of the

great roll of accounts (or pipe roll) which embodied the decisions of

the court as to the indebtedness of the sheriffs and other accountants.

These persons with certain subordinates constituted the court of

accounts, or upper exchequer, whereas the lower exchequer, or exchequer

of receipt, consisted almost exclusively of the subordinates of the

treasurer and chamberlains. In the upper exchequer the justiciar

appointed the calculator, who exhibited the state of each account by

means of counters on the exchequer table, so that the proceedings of the

court might be clear to the presumably illiterate sheriff. The

calculator sat in the centre of the side of the table on the president's

left. The chancellor's staff consisted of the _Magister Scriptorii_

(probably the ancestor of the modern master of the rolls), whose duties

are not stated; a clerk (the modern chancellor of the exchequer) who

settled the form of all writs and summonses, charged the sheriff with

all fines and amercements, and acted as a check on the treasurer in the

composition of the great roll; and a scribe (afterwards the comptroller

of the pipe), who wrote out the writs and summonses and kept a duplicate

of the great roll, known as the chancellor's roll. The constable's

subordinates were the marshal and a clerk, who, besides the duty of

paying outdoor servants of the crown, had the special task of producing

duplicates of all writs issued by the Curia Regis. The treasurer and

chamberlains, being colleagues, had a joint staff, the clerical or

literate members of which were servants of the treasurer, while the lay

or illiterate members depended on the chamberlains. Hence while the

treasurer and his clerks kept their accounts by means of rolls, the

chamberlains and their serjeants duplicated them so far as possible by

means of tallies. Thus the great roll was written by the treasurer's

scribe (the engrosser, afterwards the clerk of the pipe), while the

payments on account and other allowances to be credited to the sheriff

were registered by the tally cutter of the chamberlains.

In the exchequer of receipt the staff was similarly divided between the

treasurer and chamberlains; the treasurer having a clerk who kept the

issue and receipt rolls (the later clerk of the pells) and four tellers,

while each of the chamberlains was represented by a knight (afterwards

the deputy chamberlains), who controlled the clerk's account by means of

tallies, and held their lands by this serjeanty; these three had joint

control of the treasury, and could not act independently. The other

serjeants were the knight or "pesour" who weighed the money, the melter

who assayed it, and the ushers of the two exchequers. It should be noted

that all the lay offices of the treasury in both exchequers were

hereditary. Henry II. had also a personal clerk who supervised the

proceedings personally in the upper, and by deputy in the lower,

exchequer.

The business of the ancient exchequer was primarily financial, although

we know that some judicial business was done there and that the court of

common pleas was derived from it rather than from the curia proper. The

principal accountants were the sheriffs, who were bound, as the king's

principal financial agents in each county, to give an account of their

stewardship twice a year, at the exchequers of Easter and Michaelmas.

Half the annual revenue was payable at Easter, and at Michaelmas the

balance was exacted, and the accounts made up for the year, and formally

enrolled on the pipe roll. The fixed revenue consisted of the farms of

the king's demesne lands within the counties, of the county mints, and

of certain boroughs (see BOROUGH) which paid annual sums as the price of

their liberties. Danegeld was also regarded as fixed revenue, though

after the accession of Henry II. it was not frequently levied. There

were also rents of assarts and purprestures and mining and other

royalties. The casual revenue consisted of the profits of the feudal

incidents (escheat, wardship and marriage), of the profits of justice

(amercements, and goods of felons and outlaws), and of fines, or

payments made by the king's subjects to secure grants of land, wardships

or marriages, and of immunities, as well as for the hastening and

sometimes the delaying of justice. Besides this, there were the revenues

arising from aids and scutages of the king's military tenants, tallages

of the crown lands, customs of ports, and special "gifts," or general

assessments made on particular occasions. For the collection of all

these the sheriff was primarily responsible, though in some cases the

accountants dealt directly with the exchequer, and were bound to make

their appearance in person on the day when the sheriff accounted.

We gather both from tradition and from the example of the Scottish

exchequer that the farms of demesne lands were originally paid in kind,

by way of purveyance for the royal household, and although such farms

are expressed even in Domesday Book in terms of money, the tradition

that there was a system of customary valuation is a sufficient

explanation, and not of itself incredible. At some date, possibly under

the administration of Roger of Salisbury, the inconvenience of this

arrangement led to the substitution of money payments at the exchequer.

The rapid deterioration of a small silver coinage led to successive

efforts to maintain the value of these payments, first by a "scale"

deduction of 6d. in the L for wear, then by the substitution of payment

by weight for payment by tale, and finally by the reduction of most of

such payments to their pure silver value by means of an assay, a process

originally confined to payments from particular manors. Only the farms

of counties, however, were so treated, and not all of those. The amount

to be deducted in these cases was settled by the weighing and assaying

of a specimen pound of silver in the presence of the sheriff by the

pesour and the melter in the lower exchequer. The casual revenue was

paid by tale, and for the determination of its amount it was necessary

to have copies of all grants made in the chancery on which rents were

reserved, or fines payable. These were known first as _contrabrevia_ and

later as _originalia_; the profits of justice were settled by the

delivery of "estreats" from the justices, while for certain minor

casualties the oath of the sheriff was at first the only security. At a

later date many of them were determined by copies of inquisitions sent

in from the chancery. All this business might be transacted anywhere in

England, and though convenience placed the exchequer first at Winchester

(where the treasury was), and afterwards usually at Westminster, it held

occasional sessions at other towns even in the 14th century.

The Angevin exchequer, described by Richard the Treasurer, remained the

ideal of the institution throughout its history, and the lineaments of

the original exemplar were never completely effaced; but the rapid

increase both of financial and judicial business led to a multiplication

of machinery and a growing complexity of constitution. Even in the time

of Henry II. we gather that the great officers of state, except the

treasurer and chancellor, commonly attended by deputy. In the reign of

Henry III. the chancellor had also ceased to attend, and his clerk

acquired the title of chancellor of the exchequer. To the same period

belongs the institution of the king's and lord treasurer's

remembrancers. These at first had common duties and kept duplicate

rolls, but by the ordinance of 1323 their functions were differentiated.

Henceforward the king's remembrancer was more particularly concerned

with the casual, and the lord treasurer's remembrancer with the fixed

revenue. The former put all debts in charge, while the latter saw to

their recovery when they had found their way on to the great roll. Hence

the preliminary stages of each account, the receiving and registering of

the king's writs to the treasurer and barons, and the drawing up of all

particulars of account, lay with the king's remembrancer, and he

retained the corresponding vouchers. The lord treasurer's remembrancer

exacted the "remanets" of such accounts as had been enrolled, as well as

reserved rents and fixed revenue, and so became closely connected with

the clerk of the pipe. Before the end of the 14th century these three

offices had already crystallized into separate departments.

In the meantime the increasing length and variety of accounts, as well

as the growth of judicial business, had led to various efforts at

reform. As early as 22 Henry II. it became necessary to remove from the

great roll the debts which it seemed hopeless to levy, and further

ordinances to the same end were made by statute in 54 Henry III. and in

12 Edward I. By this last a special "exannual roll" was established in

which the "desperate debts" were recorded, in order that the sheriff

might be reminded of them yearly without their overloading the great

roll. But the largest accession of financial business arose from the

"foreign accounts," that is to say, the accounts of national services,

which did not naturally form part of the account of any county. These

did not in the reign of Henry II. form a part of the exchequer business.

Such expenses as appear on the pipe roll were paid by the sheriffs, or

by the bailiffs of "honours"; payments out of the treasury itself would

only appear on the receipt and issue rolls, and the "spending

departments" probably drew their supplies from the camera curie, and not

directly from the exchequer. In the course of the 13th century the

exchequer gradually acquired partial control of these national accounts.

Even in 18 Henry II. there is an account for the forests of England, and

soon the mint, the wardrobe and the escheators followed. The undated

statute of the exchequer (probably about 1276) provides for escheators,

the earldom of Chester, the Channel Islands, the customs and the

wardrobe. During the reign of Edward I., the wardrobe account became

unmanageable, since it not only financed the household, army, navy and

diplomatic service, but raised money on the customs independently of the

exchequer. The reform of 1323-1326, due to Walter de Stapledon, in

remedying this state of things, greatly increased the number of "foreign

accounts" by making the great wardrobe (the storekeeping department),

the butler, purveyors, keepers of horses or of the stud, the clerk of

the "hamper" of the chancery (who took the fees for the great seal), and

the various ambassadors, directly accountable to the exchequer. At the

same time the sheriffs' accounts were expedited by the further

simplification of the great roll, and by appointing a special officer,

the "foreign apposer," to take the account of the "green wax," or

estreats, so that two accounts could go on at once. Another baron (the

5th or cursitor baron) was appointed, and the whole business of foreign

accounts was transferred to a separate building where one baron and

certain auditors spent their whole time in settling the balances due on

the accounts already mentioned, as well as those of castles, &c., not

let to farm, Wales, Gascony, Ireland, aids (clerical and lay),

temporalities of vacant bishoprics, abbeys, priories and dignities,

mines of silver and tin, ulnage and so forth. These balances were

accounted for in the exchequer itself, and entered on the pipe roll, but

the preliminary accounts were filed by the king's remembrancer, and

enrolled separately by the treasurer's remembrancer as a supplement to

the pipe roll.

The next important change, about the end of the 15th century, was the

gradual substitution of special auditors appointed by the crown, known

as the auditors of the prests (the predecessors of the commissioners for

auditing public accounts), for the auditors of the exchequer. Accounts

when passed by them were presented in duplicate and "declared" before

the treasurer, under-treasurer and chancellor. Of the two copies, one,

on paper, was retained by the auditors, the other, on parchment, was

successively enrolled by the king's and lord treasurer's remembrancers,

and finally by the clerk of the pipe, to secure the levying of any

"remanets" or "supers" by process of the exchequer.

Besides the two great difficulties of the postponement of financial to

legal business, and of preventing the sheriffs from exacting the same

debt twice, the exchequer was, as has been seen, hampered in its

functions by the interference of other departments in financial matters.

Its own branches even acquired a certain independence. The exchequer of

the Jews, which came to an end in 18 Edward I., was such a branch. In 27

Henry VIII. the court of augmentations was established to deal with

forfeited lands of monasteries. This was followed in 32 & 33 Henry VIII.

by the courts of first-fruits and tenths and of general surveyors. These

were reabsorbed by the exchequer in 1 Mary, but remained as separate

departments within it. But the development of the treasury, which

succeeded to the functions of the camera curie or the king's chamber,

ultimately reduced the administrative functions of the exchequer to

unimportance, and the audit office took over its duties with regard to

public accounts. So that when the statute of 3 & 4 William IV. cap. 99,

removed the sheriff's accounts also from its competence, and brought to

an end the series of pipe rolls which begins in 1130, the ancient

exchequer may be said to have come to an end. (C. J.)

In 1834 an act was passed abolishing the old offices of the exchequer,

and creating a new exchequer under a comptroller-general, the detailed

business of payments formerly made at the exchequer being transferred to

the paymaster-general, whose office was further enlarged in 1836 and

1848. And in 1866, as the result of a select committee reporting

unfavourably on the system of exchequer control as established in 1834,

the exchequer was abolished altogether as a distinct department of

state, and a new exchequer and audit department established.

The ancient term exchequer now survives mainly as the official title of

the national banking account of the United Kingdom. This central account

is commonly called the exchequer, and its statutory title is "His

Majesty's Exchequer." It may also be described with statutory authority

as "The Account of the Consolidated Fund of Great Britain and Ireland."

This account is, in fact, divided between the Banks of England and

Ireland. At the head office of each of these institutions receipts are

accepted and payments made on account of the exchequer; but in published

documents the two accounts are consolidated into one, the balances only

at the two banks being shown separately.

Operations affecting the exchequer are regulated by the Exchequer and

Audit Departments Act 1866. Section 10 prescribes that the gross revenue

of the United Kingdom (less drawbacks and repayments, which are not

really revenue) is payable, and must sooner or later be paid into the

exchequer. Section 11 directs that payments should be made from the fund

so formed to meet the current requirements of spending departments.

Sections 13, 14, 15 lay down the conditions under which money can be

drawn from the exchequer. Drafts on the exchequer require the approval

of an officer independent of the executive government, the comptroller

and auditor-general. But the description of the formal procedure

required by statute cannot adequately express the actual working of the

system, or the part it plays in the national finance. The simplicity of

the system laid down by the act of 1866 has been disturbed by the

diversion of certain branches or portions of revenue from the exchequer

to "Local Taxation Accounts," under a system initiated by the Local

Government Act 1888, and much extended since.

While the exchequer is, as already stated, the central account, it is

not directly in contact with the details of either revenue or

expenditure. As regards revenue, the produce of taxes and other sources

of income passes, in the first instance, into the separate accounts of

the respective receiving departments--mainly, of course, those of the

customs, inland revenue and post office. A not inconsiderable portion is

received in the provinces, and remitted to London or Dublin by bills or

otherwise, and the ultimate transfers to the exchequer are made (in

round sums) from the accounts of the receiving departments in London or

in Dublin. Thus, there are always considerable sums due to the exchequer

by the revenue departments; on the other hand, as floating balances are

(for the sake of economy) used temporarily for current expenses, there

are generally amounts due by the exchequer to the receiving departments;

such cross claims are adjusted periodically, generally once a month. The

finance accounts of the United Kingdom show the gross amounts due to the

exchequer from the departments, and likewise the amounts payable out of

the gross revenue in priority to the claim of the exchequer. On the

expenditure side a similar system prevails. No detailed payments are

made direct from the exchequer, but round sums are issued from it to

subsidiary accounts, from which the actual drafts for the public

services are met. For instance, the interest on the national debt is

paid by the Bank of England from a separate account fed by transfers of

round sums from the exchequer as required. Similarly, payments for army,

navy and most civil services are met by the paymaster-general out of an

account of his own, fed by daily transfers from the exchequer.

This system has two noticeable effects. Firstly, it secures the

simplicity and finality of the exchequer accounts, and therefore of all

ordinary statements of national finance. Every evening the chancellor of

the exchequer can tell his position so far as the exchequer is

concerned; on the first day of every quarter the press is able to

comment on the national income and expenditure up to the evening before.

The annual account is closed on the evening of the 31st of March, and

there can be no reopening of the budget of a past year such as may occur

under other financial systems. The second effect of the system is to

introduce a certain artificiality into the financial statements. Actual

facts cannot be reduced to the simplicity of exchequer figures; there is

always (as already explained) revenue received by government which has

not yet reached the exchequer; and there must always be a considerable

outstanding liability in the form of cheques issued but not yet cashed.

The suggested criticism is, however, met if it can be shown that, on the

whole, the differences between the true revenue and the exchequer

receipts, or between the true (or audited) expenditure and the exchequer

issues, are not, taking one year with another, relatively considerable.

The following figures (000's omitted) illustrate this point:--

_Expenditure._

+-----------+----------+--------------+------------

| Year. |Exchequer | Audited | Difference.|

| | Issues. | Expenditure. | |

+-----------+----------+--------------+------------+

| 1888-1889 | L85,674 | L86,070 | L+396 |

| 1889-1890 | 86,083 | 86,033 | - 50 |

| 1890-1891 | 87,732 | 87,638 | - 94 |

| 1891-1892 | 89,928 | 90,125 | +197 |

| 1892-1893 | 90,375 | 90,164 | -211 |

| 1893-1894 | 91,303 | 91,530 | +227 |

| 1894-1895 | 93,919 | 93,818 | -101 |

| 1895-1896 | 97,764 | 97,667 | - 97 |

| 1896-1897 | 101,477 | 101,543 | + 66 |

| 1897-1898 | 102,936 | 103,010 | + 74 |

+-----------+----------+--------------+------------+

| Total for |L927,191 | L927,598 | L+407 |

| 10 years | | | |

+-----------+----------+--------------+------------+

_Revenue._

+-----------+----------+--------------+------------+

| Year. |Exchequer | Actual | Difference.|

| |Receipts. | Revenue. | |

+-----------+----------+--------------+------------+

| 1888-1889 | L88,473 | L88,038 | L-435 |

| 1889-1890 | 89,304 | 89,416 | +112 |

| 1890-1891 | 89,489 | 89,282 | -207 |

| 1891-1892 | 90,995 | 91,428 | +433 |

| 1892-1893 | 90,395 | 90,181 | -214 |

| 1893-1894 | 91,133 | 91,265 | +132 |

| 1894-1895 | 94,684 | 94,873 | +189 |

| 1895-1896 | 101,974 | 102,031 | + 57 |

| 1896-1897 | 103,960 | 104,089 | +129 |

| 1897-1898 | 106,614 | 106,691 | + 77 |

+-----------+----------+--------------+------------+

| Total for | L947,011 | L947,294 | L+273 |

| 10 years | | | |

+-----------+----------+--------------+------------+

_Surplus._

+-----------+----------=--------------+------------+

| |Exchequer |Diff. between | |

| Year. | Accounts.| Actual Rev. | Difference.|

| | | and Aud. Exp.| |

+-----------+----------+--------------+------------+

| 1888-1889 | L2,799 | L1,968 | L-831 |

| 1889-1890 | 3,221 | 3,383 | +162 |

| 1890-1891 | 1,757 | 1,644 | -113 |

| 1891-1892 | 1,067 | 1,303 | +236 |

| 1892-1893 | 20 | 17 | - 3 |

| 1893-1894 | -_170_ | -_265_ | - 95 |

| 1894-1895 | 765 | 1,055 | +290 |

| 1895-1896 | 4,210 | 4,364 | +154 |

| 1896-1897 | 2,473 | 2,546 | + 73 |

| 1897-1898 | 3,678 | 3,681 | + 3 |

+-----------+----------+--------------+------------+

| Total for | L19,820 | L19,696 | L-124 |

| 10 years | | | |

+-----------+----------+--------------+------------+

The third column in the above shows the price which has to be paid (in

the form of discrepancies between facts and figures) for the simplicity

secured to statements and records of the national finance by the present

system embodied in the term exchequer. Probably few will think the price

too high in consideration of the advantages secured.

The principal official who derives a title from the exchequer in its

living sense is, of course, the chancellor of the exchequer. He is the

person named second in the patent appointing commissions for executing

the office of lord high treasurer of Great Britain and Ireland; but he

is appointed chancellor of the exchequer for Great Britain and

chancellor of the exchequer for Ireland by two additional patents.

Although, in fact, the finance minister of the United Kingdom, he has no

_statutory_ power over the exchequer apart from his position as second

commissioner of the treasury; but in virtue of his office he is by

statute master of the mint, senior commissioner for the reduction of the

national debt, a trustee of the British Museum, an ecclesiastical

commissioner, a member of the board of agriculture, a commissioner of

public works and buildings, local government, and education, a

commissioner for regulating the offices of the House of Commons, and has

certain functions connected with the office of the secretary of state

for India. The only other exchequer officer requiring mention is the

comptroller and auditor-general, whose functions as comptroller-general

of the exchequer have been already described.

The ancient name of the national banking account has been attached to

two of the forms of unfunded national debt. Exchequer bills, which date

from the reign of William and Mary (they took the place of the tallies,

previously used for the same purpose), became extinct in 1897, but

exchequer bonds (first issued by Mr Gladstone in 1853) still possess a

practical importance. An exchequer bond is a promise by government to

pay a specified sum after a specified period, generally three or five

years, and meanwhile to pay interest half-yearly at a specified rate on

that sum. Government possesses no general power to issue exchequer

bonds; such power is only conferred by a special act, and for specified

purposes; but when the power has been created, exchequer bonds issued in

pursuance of it are governed by general statutory provisions contained

in the Exchequer Bills and Bonds Act 1866, and amending acts. These acts

create machinery for the issue of exchequer bonds and for the payment of

interest thereon, and protect them against forgery.

Some traces may be mentioned of the ancient uses of the name exchequer

which still remain. The chancellor of the exchequer still presides at

the ceremony of "pricking the list of sheriffs," which is a

quasi-judicial function; and on that occasion he wears a robe of black

silk with gold embroidery, which suggests a judicial costume. In England

the last judge who was styled baron of the exchequer (Baron Pollock)

died in 1897. In Scotland the jurisdiction of the barons of the

exchequer was transferred to the court of session in 1856, but the same

act requires the appointment of one of the judges as "lord ordinary in

exchequer causes," which office still exists. In Ireland Lord Chief

Baron Palles was the last to retain the old title. A street near Dublin

Castle is called Exchequer Street, recalling the separate Irish

exchequer, which ceased in 1817. The old term also survives in the full

title of the treasury representative in Scotland, which is "The King's

and the Lord Treasurer's Remembrancer in Exchequer," while his office in

the historic Parliament Square is styled "Exchequer Chambers."

(S. E. S.-R.)

BIBLIOGRAPHY.--For the early exchequer Thomas Madox's _History and

Antiquities of the Exchequer_ (London, 1711) remains the standard

authority, and in it the _Dialogus de Scaccario_ of Richard the

Treasurer (1179) was first printed (edited since by A. Hughes, C.G.

Crump and C. Johnson, Oxford, 1902). The publications of the Pipe Roll

Society (London, 1884 et seq.), the Pipe Rolls and Chancellor's Roll,

printed by the Record Commission (London, 1833 and 1844), and H.

Hall's edition of the _Receipt Roll of the Exchequer 31 Henry II._

(London, 1899) should also be consulted. A popular account is in H.

Hall's _Court Life under the Plantagenets_ (London, 1901), and a

careful study in Dr Parow's thesis, _Compotus Vicecomitis_ (Berlin,

1906). For the 13th and 14th centuries H. Hall's edition of the _Red

Book of the Exchequer_ (London, Rolls Series, 1896) is essential, as

also the Public Record Office _List of Foreign Accounts_ (London,

1900). Later practice may be gathered from the similar _List and Index

of Declared Accounts_ (London, 1893), and from such books as Sir T.

Fanshawe's _Practice of the Exchequer Court_, written about A.D. 1600

(London, 1658); Christopher Vernon's _The Exchequer Opened_ (London,

1661), or Sir Geoffrey Gilbert's _Treatise on the Court of Exchequer_

(London, 1758), as well as from the statutes abolishing various

offices in the exchequer. H. Hall's _Antiquities of the Exchequer_

(London, 1891) gives many interesting details of various dates. For

the Scottish exchequer _The Exchequer Rolls of Scotland_ (Edinburgh,

1878 et seq.) should be consulted, while Gilbert's book noted above

gives some details on that of Ireland. See also Appendix 13 to the

great account of _Public Income and Expenditure from 1688 to 1869_, in

three volumes, prepared for parliament by H.W. Chisholm (1869); and

for sidelights on the working of the office from 1825 to 1866 the

reminiscences of the same author (the last chief clerk of the

exchequer) in _Temple Bar_ (January to April 1891).

EXCISE (derived through the Dutch, _excijs_ or _accijs_, possibly from

Late Lat. _accensare_,--ad, to, and census, tax; the word owes something

to a confusion with _excisum_, cut out), a term now well known in public

finance, signifying a duty charged on home goods, either in the process

of their manufacture, or before their sale to the home consumers. This

form of taxation implies a commonwealth somewhat advanced in

manufactures, markets and general riches; and it interferes so directly

with the industry and liberty of the subject that it has seldom been

introduced save in some supreme financial exigency, and has as seldom

been borne, even after long usage, with less than the ordinary

impatience of taxation. Yet excise duties can boast a respectable

antiquity, having a distinct parallel in the _vectigal rerum venalium_

(or toll levied on all commodities sold by auction, or in public market)

of the Romans. But the Roman excise was mild compared with that of

modern nations, having never been more than _centesima_, or 1%, of the

value; and it was much shorter lived than the modern examples, having

been first imposed by Augustus, reduced for a time one-half by Tiberius,

and finally abolished by Caligula, A.D. 38, so that the Roman excise

cannot have had a duration of much more than half a century. Its

remission must have been deemed a great boon in the marts of Rome, since

it was commemorated by the issue of small brass coins with the legend

_Remissis Centesimis_, specimens of which are still to be found in

collections.

The history of this branch of revenue in the United Kingdom dates from

the period of the civil wars, when the republican government, following

the example of Holland, established, as a means of defraying the heavy

expenditure of the time, various duties of excise, which the royalists

when restored to power found too convenient or too necessary to be

abandoned, notwithstanding their origin and their general unpopularity.

On the contrary, they were destined to be steadily increased both in

number and in amount. It is curious that the first commodities selected

for excise were those on which this branch of taxation, after great

extension, had again in the period of reform and free trade been in a

manner permanently reduced, viz. malt liquors, and such kindred

beverages as cider perry and spruce beer. The other excise duties

remaining are chiefly in the form of licences, such as to kill game and

to use and carry guns, to sell gold and silver plate, to pursue the

business of appraisers or auctioneers, hawkers or pedlars, pawnbrokers

or patent-medicine vendors, to manufacture tobacco or snuff, to deal in

sweets or in foreign wines, to make vinegar, to roast malt, or to use a

still in chemistry or otherwise. It may be presumed that the policy of

the licence duties was at first not so much to collect revenue, though

in the aggregate they yielded a large sum, as to guard the main sources

of excise, and to place certain classes of dealers, by registration and

an annual payment to the exchequer, under a direct legal responsibility.

The excise system of the United Kingdom as now pruned and reformed,

however, while still the most prolific of all the sources of revenue, is

simple in process, and is contentedly borne as compared with what was

the case in the 18th, and the beginning of the 19th century. The wars

with Bonaparte strained the government resources to the uttermost, and

excise duties were multiplied and increased in every practicable form.

Bricks, candles, calico prints, glass, hides and skins, leather, paper,

salt, soap, and other commodities of home manufacture and consumption

were placed, with their respective industries, under excise surveillance

and fine. When the duties could no longer be increased in number, they

were raised in rate. The duty on British spirits, which had begun at a

few pence per gallon in 1660, rose step by step to 11s. 8-1/4d. per

gallon in 1820; and the duty on salt was augmented to three or fourfold

its value.

The old unpopularity of excise, though now somewhat out of date, must

have had real enough grounds. It breaks out in English literature, from

songs and pasquinades to grave political essays and legal commentaries.

Blackstone, in quoting the declaration of parliament in 1649 that

"excise is the most easy and indifferent levy that can be laid upon the

people," adds on his own authority that "from its first original to the

present time its very name has been odious to the people of England"

(book i. cap. 8, tenth edition, 1786); while the definition of "excise"

gravely inserted by Dr Johnson in the _Dictionary_, at the imminent risk

of subjecting the eminent author to a prosecution for libel--viz. "a

hateful tax levied upon commodities, and adjudged not by the common

judges of property, but wretches hired by those to whom excise is

paid"--can hardly be ever forgotten.

The duties of excise in the United Kingdom were, until the passing of

the Finance Act 1908, under the control of the commissioners of inland

revenue; they are now under the control of the commissioners of customs;

the amount raised, apart from changes in the rate, shows a fairly

constant tendency to increase, and is usually regarded as one of the

best tests of the prosperity of the working classes.

The _spirit duty_ is levied according to the quantity of "proof spirit"

contained in the product of distillation, and the charge is taken at

three different points in the process of manufacture, the trader being

liable for the result of the highest of the three calculations. What is

known as "proof spirit" is obtained by mixing nearly equal weights of

pure alcohol and water, the quantity of pure alcohol being in bulk about

57% of the whole. Owing to the high rate of duty as compared with the

volume and intrinsic value of the spirits, the whole process of

manufacture is carried on under the close supervision of revenue

officials. All the vessels used are measured by them and are secured

with revenue locks; the premises are under constant survey; and notice

has to be given by the distiller of the materials used and of the

several stages of his operations. Though the charge for duty is raised

at the time when the process of distillation is completed, the duty is

not actually paid until the spirits are required for consumption. In the

meanwhile they may be retained in an approved "warehouse," which is also

subject to close supervision.

The _beer duty_ dates from 1880, in which year it was substituted for

the duty on malt. The specific gravity of the worts depends chiefly on

the amount of sugar which they contain, and is ascertained by the

saccharometer.

Excise _licences_ may be divided into--(a) licences for the sale or

manufacture of excisable liquors, (b) licences for other trades, such as

tobacco dealers or manufacturers, auctioneers, pawnbrokers, &c., (c)

licences for male servants, carriages, motors and armorial bearings, and

(d) gun, game and dog licences. Nearly the whole of the licence duties

is paid over to the local taxation account.

The _railway passenger duty_, which was made an excise duty by the

Railway Passenger Duty Act 1847, applies only to Great Britain. It is

levied on all passenger fares exceeding 1d. per mile, the rate being 2%

on urban and 5% on other traffic.

The other items which go to make up the excise revenue are the charges

on deliveries from bonded warehouses, and the duties on coffee mixture

labels and on chicory.

For more detailed information reference should be made to Highmore's

_Excise Laws_, and the annual reports of the commissioners of inland

revenue, especially those issued in 1870 and 1885. See also TAXATION;

ENGLISH FINANCE.

EXCOMMUNICATION (Lat. _ex_, out of, away from; _communis_, common), the

judicial exclusion of offenders from the rights and privileges of the

religious community to which they belong. The history of the practice of

excommunication may be traced through (1) pagan analogues, (2) Hebrew

custom, (3) primitive Christian practice, (4) medieval and monastic

usage, (5) modern survivals in existing Christian churches.

1. Among pagan analogues are the Gr. [Greek: chernibon eirgesthai]

(Demosth. 505, 14), the exclusion of an offender from purification with

holy water. This exclusion was enforced in the case of persons whose

hands were defiled with bloodshed. Its consequences are described Aesch.

_Choeph._ 283, _Eum._ 625 f., Soph. _Oed. Tyr._ 236 ff. The Roman

_exsecratio_ and diris _devotio_ was a solemn pronouncement of a

religious curse by priests, intended to call down the divine wrath upon

enemies, and to devote them to destruction by powers human and divine.

The Druids claimed the dread power of excluding offenders from sacrifice

(Caes. _B.G._ vi. 13). Primitive Semitic customs recognize that when

persons are laid under a ban or taboo (_herem_) restrictions are imposed

on contact with them, and that the breach of these involves supernatural

dangers. Impious sinners, or enemies of the community and its god, might

be devoted to utter destruction.

2. _Hebrew Custom._--In a theocracy excommunication is necessarily both

a civil and a religious penalty. The word used in the New Testament to

describe an excommunicated person, [Greek: anathema](1 Cor. xvi. 22,

Gal. i. 8-9, Rom. ix. 3), is the Septuagint rendering of the Hebrew

_herem_. The word means "set apart" (cf. HAREM), and does not

distinguish originally between things set apart because devoted to God

and things devoted to destruction. Lev. xxvii. 16-34 defines the law for

dealing with "devoted" things; according to v. 28 "No devoted thing that

a man shall devote unto the Lord, of all that he hath, whether of man or

beast, or of the field of his possession, shall be sold or redeemed.

None devoted shall be ransomed, he shall surely be put to death." As in

Greece and Rome whole cities or nations might be devoted to destruction

by pronouncement of a ban (Numbers xxi. 2, 3, Deut. ii. 34, iii. 6, vii.

2). Occasionally Israelites as well as aliens fall under the curse

(Judg. xxi. 5, 11). A milder form of penalty was the temporary

separation or seclusion (_niddah_) prescribed for ceremonial

uncleanness. This was the ordinary form of religious discipline. In the

time of Ezra the Jewish "magistrates and judges" among their

ecclesiastico-civil functions have the right of pronouncing sentence

whether it be unto death, or to "rooting out," or to confiscation of

goods, or to imprisonment (Ezra vii. 26). There is also a lighter form

of excommunication which "devotes" the goods of an offender, but only

separates him from the congregation. Both major and minor kinds of

excommunication are recognized by the Talmud. The lesser (_niddah_)

involved exclusion from the synagogue for thirty days, and other

penalties, and might be renewed if the offender remained impenitent. The

major excommunication (_herem_) excluded from the Temple as well as the

synagogue and from all association with the faithful. Spinoza was

excommunicated (July 16, 1656) for contempt of the law. Seldon (_De jure

nat. et gen._, iv. 7) gives the text of the curse pronounced on the

culprit. The _Exemplar Humanae Vitae_ of Uriel d'Acosta also deserves

reference. The practice of the Jewish courts in New Testament times may

be inferred from certain passages in the Gospels. Luke vi. 22, John ix.

22, xii. 42 indicate that exclusion from the synagogue was a recognized

penalty, and that it was probably inflicted on those who confessed Jesus

as the Christ. John xvi. 2 ("Whosoever killeth you," &c.) may point to

the power of inflicting the major penalty. The Talmud itself says that

the judgment of capital cases was taken away from Israel forty years

before the destruction of the Temple. "Forty" is probably a round number

without historical value, but the circumstance recorded by this

tradition and confirmed by the evangelist's account of the trial of

Jesus is historical, and is to be regarded as one of several

restrictions imposed on the Jewish courts in the time of the Roman

procurators.

3. _Primitive Christian Practice._--The use of excommunication as a form

of Christian discipline is based on the precept of Christ and on

apostolic practice. The general principles which govern the exclusion of

members from a religious community may be gathered from the New

Testament writings. Matt. xviii. 15-17 prescribes a threefold

admonition, first privately, then in the presence of witnesses (cf.

Titus iii. 10), then before the church. This is a graded procedure as in

the Jewish synagogue and makes exclusion a last resort. Nothing is said

as to the nature and effects of excommunication. The tone of the passage

when compared with the disciplinary methods of the synagogue indicates

that its purpose was to introduce elements of reason and moral suasion

in place of sterner methods. Its object is rather the protection of the

church than the punishment of the sinner. The offender is only treated

as a heathen and publican when the purity and safety of the church

demand it. In the _locus classicus_ on this subject (1 Cor. v. 5) Paul

refers to a formal meeting of the Corinthian church at which the

incestuous person is "delivered unto Satan for the destruction of the

flesh that the spirit may be saved in the day of the Lord Jesus." These

are mysterious words implying (1) a formal ecclesiastical censure, (2) a

physical penalty, (3) the hope of a spiritual result. The form of

penalty which would meet these conditions is not explained. There is a

reference in 2 Cor. ii. 6-11 to a case of discipline which may or may

not be the same. If it be the same it indicates that the excommunication

had not been final; the offender had been received back. If it be not

the same it shows the Corinthian church exercising discipline

independently of apostolic advice. Up to this point there is no

established formal practice. 1 Tim. i. 20 ("Hymenaeus and Alexander whom

I delivered unto Satan that they might be taught not to blaspheme")

seems to refer to an excommunication, but it does not appear whether the

apostle had acted as representing a church, nor is there anything to

explain the exact consequences or limits of the deliverance to Satan. 1

Cor. xvi. 22, Gal. i. 8, 9, Rom. ix. 3 refer to the practice of

regarding a person as anathema. Taking these passages as a whole they

seem to point to an exclusion from church fellowship rather than to a

final cutting off from the hope of salvation. In the pastoral letters

there is already a formal and recognized method of procedure in cases of

church discipline. 1 Tim. v. 19, 20 requires two or three witnesses in

the case of an accusation against an elder, and a public reproof. Tit.

iii. 20 recognizes a factious spirit as a reason for excommunication

after two admonitions (cf. Tim. vi. and 2 John v. 10). In 3 John v. 9-10

Diotrephes appears to have secured an excommunication by the action of a

party in the church. It is clear from these illustrations that within

the New Testament there is development from spontaneous towards strictly

regulated methods; also that the use of excommunication is chiefly for

disciplinary and protective rather than punitive purposes. A process

which is intended to produce penitence and ultimate restoration cannot

at the same time contemplate handing the offender over to eternal

punishment.

4. _Medieval and Monastic Usage._--The writings of the church Fathers

give sufficient evidence that two degrees of excommunication, the

[Greek: aphorismos] and the [Greek: aphorismos panteles], as they were

generally called, were in use during, or at least soon after, the

apostolic age. The former, which involved exclusion from participation

in the eucharistic service and from the eucharist itself, though not

from the so-called "service of the catechumens," was the usual

punishment of comparatively light offences; the latter, which was the

penalty for graver scandals, involved "exclusion from all church

privileges,"--a vague expression which has sometimes been interpreted as

meaning total exclusion from the very precincts of the church building

(_inter hiemantes orare_) and from the favour of God (Bingham,

_Antiquities of Christian Church_, xvi. 2. 16). For some sins, such as

adultery, the sentence of excommunication was in the 2nd century

regarded as [Greek: panteles] in the sense of being irrevocable.

Difference of opinion as to the absolutely "irremissible" character of

mortal sins led to the important controversy associated with the names

of Zephyrinus, Tertullian, Calistus, Hippolytus, Cyprian and Novatian,

in which the stricter and more montanistic party held that for those who

had been guilty of such sins as theft, fraud, denial of the faith, there

should be no restoration to church fellowship even in the hour of death.

On this point the provincial synods of Illiberis (Elvira) in 305 and of

Ancyra in 315 subsequently came to conflicting decisions, the council of

Elvira forbidding the reception of offenders into communion during life,

and the council of Ancyra fixing a limit to the penalty in the same

cases. But the excommunication was on all hands regarded as being

"medicinal" in its character. It is noteworthy that the word [Greek:

anathema] had fallen into disuse about the beginning of the 4th century,

and that, throughout the same period, no instance of the judicial use of

the phrase [Greek: paradounai to Satana] can be found.

A new chapter in the history of the church censure may be said to have

begun with the publication of those imperial edicts against heresy, the

first of which, _De summa trinitate et fide catholica_, dates from 380.

Till then exclusion from church privileges had been a spiritual

discipline merely; thenceforward it was to expose a man to serious

temporal risks. Excommunication still continued to be occasionally used

in the spirit of genuine Christian fidelity, as by Ambrose in the case

of Theodosius himself (390); but the temptation to wield it as an

instrument of secular tyranny too often proved to be irresistible. The

church fell back on carnal weapons in her warfare and invoked the

secular powers to uphold the ecclesiastical. In the formula used by

Synesius (410) which is to be found in Bingham's _Antiquities_, we

already find the attention of magistrates specially called to the

censured person. The history of the next thousand years shows that the

magistrates were seldom slow to respond to the appeal. Even the hastiest

survey of that long and interesting period enables the student to notice

a marked development in the theory and practice of excommunication. One

or two points may be specially noted. (1) When the Empire became

nominally Christian and the quality of the church life was sacrificed to

the quantity of its adherents, the original character of excommunication

was lost. The power of excommunication was transferred from the

community to the bishop, and was liable to abuse from personal motives:

Gregory the Great rebukes a bishop for using for private ends power

conferred for the public good (_Epist._ ii. 34). Excommunication became

a common penalty applied in numberless cases (see the _Penitential_ of

Archbishop Theodosius: Haddan and Stubbs, _Councils and Documents_, iii.

1737), and was invested with superstitious terrors. (2) While it had

been held as an undoubted principle by the ancient church that this

sentence could only be passed on living individuals whose fault had been

distinctly stated and fully proved, we find the medieval church on the

one hand sanctioning the practice of excommunication of the dead

(Morinus, _De poenit._ x. c. 9), and, on the other hand, by means of the

papal interdict, excluding whole countries and kingdoms at once from the

means of grace. The earliest well-authenticated instance of such an

interdict is that which was passed (998) by Pope Gregory V. on France,

in consequence of the contumacy of King Robert the Wise. Other instances

are those laid respectively on Germany in 1102 by Gregory VII.

(Hildebrand), on England in 1208 by Innocent III., on Rome itself in

1155 by Adrian IV. (3) While in the ancient church the language used in

excommunicating had been carefully measured, we find an amazing

recklessness in the phraseology employed by the medieval clergy. The

curse of Ernulphus or Arnulphus of Rochester (c. 1100), often quoted by

students of English literature, is a very fair specimen of that class of

composition. With it may be compared the formula transcribed by Dr

Burton in his _History of Scotland_ (iii. 317 ff.). To the spoken word

was added the language of symbol. By means of lighted candles violently

dashed to the ground and extinguished the faithful were graphically

taught the meaning of the greater excommunication--though in a somewhat

misleading way, for it is a fundamental principle of the canon law that

_disciplina est excommunicatio, non eradicatio_. The first instance,

however, of excommunication by "bell, book and candle" is comparatively

late (c. 1190).

5. _Modem Survivals in Existing Christian Churches._--At the Reformation

the necessity for church discipline did not cease to be recognized; but

the administration of it in many Reformed churches has passed through a

period of some confusion. In some instances the old episcopal power

passed more or less into the hands of the civil magistrate (a state of

matters which was highly approved by Erastus and his followers), in

other cases it was conceded to the presbyterial courts. In the Anglican

Church the bishops (subject to appeal to the sovereign) have the right

of excommunicating, and their sentence, if sustained, may in certain

cases carry with it civil consequences. But this right is in practice

never exercised. In the law of England sentence of excommunication, upon

being properly certified by the bishop, was followed by the writ _de

excommunicato capiendo_ for the arrest of the offender. The statute 5

Eliz. c. 23 provided for the better execution of this writ. By the 53

Geo. III. c. 127 (which does not, however, extend to Ireland) it was

enacted that "excommunication, together with all proceedings following

thereupon, shall in all cases, save those hereafter to be specified, be

discontinued." Disobedience to or contempt of the ecclesiastical courts

is to be punished by a new writ, _de contumace capiendo_, to follow on

the certificate of the judge that the defender is contumacious and in

contempt. Sect. 2 provides that nothing shall prevent "any

ecclesiastical court from pronouncing or declaring persons to be

excommunicate on definite sentences pronounced as spiritual censures for

offences of ecclesiastical cognizance." No persons so excommunicated

shall incur any civil penalty or incapacity whatever, save such

sentence of imprisonment, not exceeding six months, as the court shall

direct and certify to the king in chancery.

In the churches which consciously shaped their polity at or after the

Reformation the principle of excommunication is preserved in the

practice of church discipline. Calvin devotes a chapter in the

_Institutes_ (bk. iv. chap. xii.) to the "Discipline of the Church; its

Principal Use in Censure and Excommunication." The three ends proposed

by the church in such discipline are there stated to be, (1) that those

who lead scandalous lives may not to the dishonour of God be numbered

among Christians, seeing that the church is the body of Christ; (2) that

the good may not be corrupted by constant association with the wicked;

(3) that those who are censured or excommunicated, confounded with

shame, may be led to repentance. He differentiates decisively between

excommunication and anathema. "When Christ promises that what his

ministers bind on earth shall be bound in heaven, he limits the power of

binding to the censure of the church; by which those who are

excommunicated are not cast into eternal ruin and condemnation, but by

having their life and conduct condemned are also certified of their

final condemnation unless they repent. For excommunication differs from

anathema: anathema which ought to be very rarely, or never, resorted to,

in precluding all pardon, execrates a person, and devotes him to eternal

perdition: whereas excommunication rather censures and punishes his

conduct. Yet in such a manner by warning him of his future condemnation

it recalls him to salvation" (_Inst._ bk. iv. chap. xii. 10). The

Reformed churches in England and America accepted the distinction

between public and private offences. The usual provision is that private

offences are to be dealt with according to the rule in Matt. v. 23-24,

xviii. 15-17; public offences are to be dealt with according to the rule

in 1 Cor. v. 3-5, 13. The public expulsion or suspension of the offender

is necessary for the good repute of the church, and its influence over

the faithful members. The expelled member may be readmitted on showing

the fruits of repentance.

In Scotland three degrees of church censure are recognized--admonition,

suspension from sealing ordinances (which may be called temporary

excommunication), and excommunication properly so-called. Intimation of

the last-named censure may occasionally (but very rarely) be given by

authority of a presbytery in a public and solemn manner, according to

the following formula:--"Whereas thou N. hast been by sufficient proof

convicted (here mention the sin) and after due admonition and prayer

remainest obstinate without any evidence or sign of true repentance:

Therefore in the name of the Lord Jesus Christ, and before this

congregation, I pronounce and declare thee N. excommunicated, shut out

from the communion of the faithful, debar thee from privileges, and

deliver thee unto Satan for the destruction of thy flesh, that thy

spirit may be saved in the day of the Lord Jesus." This is called the

greater excommunication. The congregation are thereafter warned to shun

all unnecessary converse with the excommunicate (see _Form of Process_,

c. 8). Formerly excommunicated persons were deprived of feudal rights in

Scotland; but in 1690 all acts enjoining civil pains upon sentences of

excommunication were finally repealed (Burton's _History_, vii. 435).

The question whether the power of excommunication rests in the church or

in the clergy has been an important one in the history of English and

American churches. Hooker lays down (_Survey_, pt. 3, pp. 33-46) four

necessary conditions for the execution of a sentence involving church

discipline. "(1) The cause exactly recorded is fully and nakedly to be

presented to the consideration of the congregation. (2) The elders are

to go before the congregation in laying open the rule so far as reacheth

any particular now to be considered, and to express their judgment and

determination thereof, so far as appertains to themselves. (3) Unless

the people be able to convince them of errors and mistakes in their

sentence, they are bound to joyn their judgment with theirs to the

compleating of the sentence. (4) The sentence thus compleatly issued is

to be solemnly passed and pronounced upon the delinquent by the ruling

Elder whether it be of censure or excommunication." In this passage it

is clear that the effective power of discipline is regarded as being

wholly in the power of the individual church or congregation. Hooker

expressly denies the power of synods to excommunicate: "that there

should be Synods, which have _potestatem juridicam_ is nowhere proved in

Scripture because it is not a truth" (_Survey_, pt. 4, pp. 48, 49).

The confession of faith issued by the London-Amsterdam church (the

original of the Pilgrim Fathers' churches) in 1596 declares that the

Christian congregation having power to elect its minister has also power

to excommunicate him if the case so require (Walker, _Creeds and

Platforms of Congregationalism_, p. 66). In 1603 the document known as

"Points of Difference" (i.e. from the established Anglicanism) submitted

to James I. sets forth: "That all particular Churches ought to be so

constituted as, having their owne peculiar Officers, the whole body of

every Church may meet together in one place, and jointly performe their

duties to God and one towards another. And that the censures of

admonition and excommunication be in due manner executed, for sinne,

convicted, and obstinately stood in. This power also to be in the body

of the Church whereof the partyes so offending and persisting are

members." The _Cambridge Platform_ of 1648 by which the New England

churches defined their practice, devotes ch. xiv. to "excommunication

and other censures." It follows in the main the line of Hooker and

Calvin, but adds (S 6) an important definition: "Excommunication being a

spirituall punishment it doth not prejudice the excommunicate in, nor

deprive him of his _civil_ rights, therfore toucheth not princes, or

other magistrates, in point of their civil dignity or authority. And,

the excommunicate being but as a publican and a heathen, heathen being

lawfully permitted to come to hear the word in church assemblyes; wee

acknowledg therfore the like liberty of hearing the word, may be

permitted to persons excommunicate, that is permitted unto heathen. And

because wee are not without hope of his recovery, wee are not to account

him as an enemy but to admonish him as a brother." The Savoy Declaration

of 1658 defines the theory and practice of the older English

Nonconformist churches in the section on the "Institution of Churches

and the Order appointed in them by Jesus Christ" (xix.). The important

article is as follows:--"The Censures so appointed by Christ, are

Admonition and Excommunication; and whereas some offences are or may be

known onely to some, it is appointed by Christ, that those to whom they

are so known, do first admonish the offender in private: in publique

offences where any sin, before all; or in case of non-amendment upon

private admonition, the offence being related to the Church, and the

offender not manifesting his repentance, he is to be duely admonished in

the Name of Christ by the whole Church, by the Ministery of the Elders

of the Church, and if this Censure prevail not for his repentance, then

he is to be cast out by Excommunication with the consent of the Church."

In contemporary English Free Churches the purity of the church is

commonly secured by the removal of persons unsuitable for membership

from the church books by a vote of the responsible authority.

(D. Mn.)

EXCRETION (Lat. _ex_, out of, _cernere_, _cretum_, to separate), in

plant and animal physiology, the separation from an organ of some

substance, also the substance separated. The term usually refers to the

separation of waste or harmful products, as distinguished from

"secretion," which refers to products that play a useful or necessary

part in the functions of the organism.

EXECUTION (from Lat. _ex-sequor_, _exsecutus_, follow or carry out), the

carrying into effect of anything, whether a rite, a piece of music, an

office, &c.; and so sometimes involving a notion of skill in the

performance. Technically, the word is used in law in the _execution_ of

a deed (its formal signing and sealing), an _execution_ (see below) by

the sheriff's officers under a "writ of execution" (the enforcement of a

judgment on a debtor's goods); and _execution of death_ has been

shortened to the one word to denote CAPITAL PUNISHMENT (q.v.).

_Civil Execution_ may be defined as the process by which the judgments

or orders of courts of law are made effectual. In Roman law the earliest

mode of execution was the seizure, legalized by the _actio per manus

injectionem_, of the debtor as a slave of the creditor. During the later

Republic, imprisonment took the place of slavery. Under the regime of

the _actio per manus injectionem_, the debtor might dispute the

debt--the issue being raised by his finding a substitute (_vindex_) to

conduct the case for him. By the time of Gaius (iv. 25) the _actio per

manus injectionem_ had been superseded by the _actio judicati_, the

object of which was to enable the creditor to take payment of the debt

or compel the debtor to find security (_pignus in causa judicati captum:

Cautio judicatum solvi_), and in A.D. 320 Constantine abolished

imprisonment for debt, unless the debtor were contumacious. The time

allowed for payment of a judgment debt was by the XII. Tables 30 days;

it was afterwards extended to two months, and ultimately, by Justinian,

to four months. The next stage in the Roman law of execution was the

recognition of bankruptcy either against the will of the bankrupt

(_missio in bona_) or on the application of the bankrupt (_cessio

bonorum_; and see BANKRUPTCY). Lastly, in the time of Antoninus Pius,

judgment debts were directly enforced by the seizure and sale of the

debtor's property. Slaves, oxen and implements of husbandry were

privileged; and movable property was to be exhausted before recourse was

had to land (see Hunter, _Roman Law_, 4th ed. pp. 1029 et seq., Sohm,

_Inst. Rom. Law_, 2nd ed. pp. 302-305).

GREAT BRITAIN.--The English law of execution is very complicated, and

only a statement of the principal processes can here be attempted.

_High Court.--Fieri Facias._ A judgment for the recovery of money or

costs is enforced, as a rule, by writ of _fieri facias_ addressed to

the sheriff, and directing him to cause to be made (_fieri facias_) of

the goods and chattels of the debtor a levy of a sum sufficient to

satisfy the judgment and costs, which carry interest at 4% per annum.

The seizure effected by the sheriff or his officer, under this writ,

of the property of the debtor, is what is popularly known as "the

putting-in" of an execution. The seizure should be carried out with

all possible despatch. The sheriff or his officer must not break open

the debtor's house in effecting a seizure, for "a man's house is his

castle" (_Semayne's Case_ [1604], 5 Coke Rep. 91); but this principle

applies only to a dwelling-house, and a barn or outhouse unconnected

with the dwelling-house may be broken into. The sheriff on receipt of

the writ endorses on it the day, hour, month and year when he received

it; and the writ binds the debtor's goods as at the date of its

delivery, except as regards goods sold before seizure in market overt,

or purchased for value, without notice before actual seizure (Sale of

Goods Act 1893, s. 26, which supersedes s. 16 of the Statute of Frauds

and s. 1 of the Mercantile Law Amendment Act 1856). This rule is

limited to goods, and does not apply to the money or bank notes of the

debtor which are not bound by the writ till seized under it (_Johnson_

v. _Pickering_, Oct. 14, 1907, C.A.). The mere seizure of the goods,

however, although, subject to such exceptions as those just stated, it

binds the interest of the debtor, and gives the sheriff such an

interest in the goods as will enable him to sue for the recovery of

their possession, does not pass the property in the goods to the

sheriff. The goods are in the custody of the law. But the property

remains in the debtor who may get rid of the execution on payment of

the claim and fees of the sheriff [as to which see Sheriffs Act 1887,

s. 20, and order of 21st of August 1888, _Annual Practice_ (1908),

vol. ii. p. 278]. The wearing apparel, bedding, tools, &c., of the

debtor to the value of L5 are protected. Competing claims as to the

ownership of the goods seized are brought before the courts by the

procedure of "interpleader." After seizure, the sheriff must retain

possession, and, in default of payment by the execution debtor,

proceed to sell. Where the judgment debt, including legal expenses,

exceeds L20, the sale must be by public auction, unless the Court

otherwise orders, and must be publicly advertised. The proceeds of

sale, after deduction of the sheriff's fees and expenses, become the

property of the execution creditor to the extent of his claim. The

Bankruptcy Act 1890 (53 & 54 Vict. c. 71, s. 11 [2]) requires the

sheriff in case of sale under a judgment for a sum exceeding L20 to

hold the proceeds for 14 days in case notice of bankruptcy proceedings

should be served upon him (see BANKRUPTCY). The form of the writ of

_fieri facias_ requires the sheriff to make a return to the writ. In

practice this is seldom done unless the execution has been ineffective

or there has been delay in the execution of the writ; but the judgment

creditor may obtain an order calling on the sheriff to make a return.

A sheriff or his officer, who is guilty of extortion in the execution

of the writ, is liable to committal for contempt, and to forfeit L200

and pay all damages suffered by the person aggrieved (Sheriffs Act

1887 [50 & 51 Vict. c. 55], s. 29 [2]), besides being civilly liable

to such person. Imprisonment for debt in execution of civil judgments

is now abolished except in cases of default in the nature of

contempt, unsatisfied judgments for penalties, defaults by persons in

a fiduciary character, and defaults by judgment debtors (Debtors Act

1869 [32 & 33 Vict. c. 62]; Bankruptcy Act 1883 [46 & 47 Vict. c. 52],

ss. 53, 103). Imprisonment for debt has been abolished within similar

limits in Scotland (Debtors [Scotland] Act 1880 [43 & 44 Vict. c. 34]

and Ireland, Debtors [Ireland] Act 1872, 35 & 36 Vict. c. 57). There

may still be imprisonment in England, under the writ--rarely used in

practice--_ne exeat regno_, which issues to prevent a debtor from

leaving the kingdom.

_Writ of Elegit._--The writ of _elegit_ is a process enabling the

creditor to satisfy his judgment debt out of the lands of the debtor.

It derives its name from the election of the creditor in favour of

this mode of recovery. It is founded on the Statute of Westminster

(1285, 13 Ed. I. c. 18), under which the sheriff was required to

deliver to the creditor all the chattels (except oxen and beasts of

the plough) and _half_ the lands of the debtor until the debt was

satisfied. By the Judgments Act 1838 the remedy was extended to _all_

the debtor's lands, and by the Bankruptcy Act 1883 the writ no longer

extends to the debtor's goods. The writ is enforceable against legal

interests whether in possession or remainder (_Hood-Barrs_ v.

_Cathcart_, 1895, 2 Ch. 411), but not against equitable interests in

land (_Earl of Jersey_ v. _Uxbridge Rural Sanitary Authority_, 1891, 3

Ch. 183). When the debtor's interest is equitable, recourse is had to

equitable execution by the appointment of a receiver or to bankruptcy

proceedings.

The writ is directed to the sheriff, who, after marking on it the date

of its receipt, at once in pursuance of its directions holds an

inquiry with a jury as to the nature and value of the interest of the

debtor in the lands extended under the writ, and delivers to the

creditor at a reasonable price and extent in accordance with the writ,

the lands of which the debtor was possessed in the bailiwick. When the

sheriff has returned and filed a record (in the central office of the

High Court) of the writ and the execution thereof, the execution

creditor becomes "tenant to the elegit." Where the land is freehold

the creditor acquires only a chattel interest in it; where the land is

leasehold he acquires the whole of the debtor's interest (_Johns_ v.

_Pink_, 1900, 1 Ch. 296). The creditor is entitled to hold the land

till his debt is satisfied, or enough to satisfy it is tendered to

him, and under the Judgments Act 1864 the creditor may obtain an order

for sale. Until the land is delivered on execution and the writs which

have effected the delivery are registered in the Land Registry, the

judgment does not create any charge on the land so as to fetter the

debtor's power of dealing with it. Land Charges Registration Acts 1888

and 1900. (See R.S.C., O. xliii.)

_Writs of Possession and Delivery._--Judgments for the recovery or for

the delivery of the possession of land are enforceable by writ of

possession. The recovery of specific chattels is obtained by writ of

delivery (R.S.C., O. xlvii., xlviii.).

_Writ of Sequestration._--Where a judgment directing the payment of

money into court, or the performance by the defendant of any act

within a limited time, has not been complied with, or where a

corporation has wilfully disobeyed a judgment, a writ of sequestration

is issued, to not less than four sequestrators, ordering them to enter

upon the real estate of the party in default, and "sequester" the

rents and profits until the judgment has been obeyed (R.S.C., O.

xliii. r. 6).

_Equitable Execution._--Where a judgment creditor is otherwise unable

to reach the property of his debtor he may obtain equitable execution,

usually by the appointment of a receiver, who collects the rents and

profits of the debtor's land for the benefit of the creditor (R.S.C.,

O. l. rr. 15A-22). But receivers may be appointed of interests in

personal property belonging to the debtor by virtue of the Judicature

Encyclopaedia Britannica, 11th Edition, "Evangelical Church Conference" to "Fairbairn, Sir William" Volume 10, Slice 1 · 第 3 / 10 章