Chapter XV: Act 1895: , No. 20 of 1895) (1)

FRANCE.--Provisional execution (_saisie-arret_) with a view to obtain
security has been already mentioned. Execution against personalty
(_saisie-execution_) is preceded by a _commandement_ or summons,
personally served upon, or left at the domicile of the debtor calling
on him to pay. The necessary bedding of debtors and of their children
residing with them, and the clothes worn by them, cannot be seized in
execution under any circumstances. Objects declared by law to be
immovable by destination (_immeubles par destination_), such as beasts
of burden and agricultural implements, books relating to the debtor's
profession, to the value of 300 francs, workmen's tools, military
equipments, provisions and certain cattle cannot be seized, even for a
debt due to Government, unless in respect of provisions furnished to
the debtor, or amounts due to the manufacturers or vendors of
protected articles or to parties who advanced moneys to purchase,
manufacture or repair them. Growing fruits cannot be seized except
during the six weeks preceding the ordinary period when they become
ripe. Execution against immovable property (_la saisie immobiliere_)
is preceded also by a summons to pay, and execution cannot issue until
the expiry of 30 days after service of such summons (see further Code
Proc. Civ., Arts. 673-689). Imprisonment for debt was abolished in all
civil and commercial matters by the law of 22nd of July 1867, which
extends to foreigners. It still subsists in favour of the State for
non-payment of fines, &c. The French system is in substance in force
in Belgium (Code Civ. Proc., Arts. 51 et seq.), the Netherlands (Code
Civ. Proc., Arts. 430 et seq.), Italy (Code Civ. Proc., Arts. 553 et
seq., 659 et seq.), and Spain.

GERMANY.--Under the German Code of Civil Procedure (Arts. 796 et
seq.), both the goods and (if the goods do not offer adequate
security) the person of the debtor may be seized (the process is
called _arrest_) as a guarantee of payment. The debtor's goods cannot
be sold except in pursuance of a judgment notified to the debtor
either before or within a prescribed period after the execution (Art.
809 [3], and law of 30th of April 1886). Imprisonment for debt in
civil and commercial matters has been abolished or limited on the
lines of the French law of 1867 in many countries (e.g. Italy, law of
the 6th of December 1877; Belgium, law of the 27th of July 1871;
Greece, law of the 9th of March 1900; Russia, decree of the 7th of
March 1879).

AUTHORITIES.--Anderson, _Execution_ (London, 1889); _Annual Practice_
(London, 1908); Johnston Edwards, _Execution_ (London, 1888); Mather,
_Sheriff Law_ (London, 1903). As to Scots law, Mackay, _Manual of
Practice_ (Edinburgh, 1893). As to American law, Bingham, _Judgments
and Executions_ (Philadelphia, 1836); A.C. Freeman, _Law of
Execution_, Civil Cases (3rd ed., San Francisco, 1900); H.M. Herman,
_Law of Executions_ (New York, 1875); American Notes to _tit._
"Execution," in _Ruling Cases_ (London and Boston, 1897); Bouvier,
_Law Dict._, ed. Rawle (1897), s.v. "Execution."

EXECUTORS AND ADMINISTRATORS, in English law, those persons upon whom the property of a deceased person both real and personal devolves according as he has or has not left a will. Executors differ from administrators both in the mode of their creation and in the date at which their estate vests. An executor can only be appointed by the will of his testator; such appointment may be express or implied, and in the latter case he is said to be an executor "according to the tenor." The estate of an executor vests in him from the date of the testator's death. An administrator on the other hand is appointed by the probate division of the High Court, and his estate does not vest till such appointment, the title to the property being vested till then in the judge of the probate division. As to whom the court will appoint administrators and the various kinds of administrators see under ADMINISTRATION. Apart from these two points the rights and liabilities of executors and administrators are the same, and they may be indifferently referred to as the representative of the deceased. As to their appointment before the establishment of the court of probate see articles WILL and INTESTACY. Before the Land Transfer Act 1897, the real estate of the deceased did not devolve upon the representative but vested directly in the devisee or heir-at-law, but by that act it was provided that the personal representative should be also the real representative, and therefore it may now be said broadly that the representative takes the whole estate of the deceased. There are, however, a few minor exceptions to this rule, of which the most important are lands held in joint tenancy and copyhold lands. As the representative stands in the shoes of the deceased he is entitled to sue upon any contract or for any debt which the deceased might have sued in his lifetime.

The duties of a representative are as follows: 1. To bury the deceased
in a manner suitable to the estate he leaves behind him; and the
expenses of such funeral take precedence of any duty or debt whatever;
but extravagant expenses will not be allowed. No rule can be laid down
as to what is a reasonable allowance for this purpose, as it is
impossible to know at the time of the funeral what the estate of the
deceased may amount to. The broad rule is that the representative must
allow such sum as seems reasonable, having regard to all the
circumstances of the case and the conditions in life of the deceased,
remembering that if he should exceed this he will be personally liable
for such excess in the event of the estate proving insolvent.

2. He must obtain probate or letters of administration to the deceased
within six months of the death, or, if such grant be disputed, within
two months of the determination of such suit. The penalty for not
doing so is fixed by the Stamp Act 1815, S 37, at L100, and an
additional stamp duty at the rate of 10%. As to the formalities of
PROBATE see that article.

3. Strictly speaking, he must compile an inventory of all the estate
of the deceased, whether in possession or outstanding, and he is to
deliver it to the court on oath. He is to collect all the goods so
inventoried and to commence actions to get in all those outstanding,
and he is responsible to creditors for the whole of such estate,
whether in possession or in action. This duty is thrown upon the
representative by an act of 1529, but it is not the modern practice to
exhibit such inventory unless he be cited for it in the spiritual
court at the instance of a party interested. It is, however, necessary
to file an affidavit setting out the value of the estate of the
deceased upon applying for a grant of probate or letters of
administration.

4. The representative must pay the debts of the deceased according to
their priority. Next to the legitimate funeral expenses come the costs
of proving and administering the estate; in the event, however, of the
funeral and testamentary expenses being charged by the will upon any
particular fund, they will be primarily payable out of that fund. The
representative must be careful to pay the debts according to the rules
of priority, otherwise he will become personally liable to the
creditors of one degree if he has exhausted the estate in paying
creditors of a lesser degree. First of all, a solicitor has a lien for
his costs upon any fund or duty which he has recovered for the
deceased; next in order come debts due to the crown by record or
speciality; then debts given a priority by statute, as, for example,
by the Poor Relief Act 1743, money due by an overseer of the poor to
his parish. Next, debts of record, i.e. judgment recovered against
the deceased in any court of record; all such debts are equal among
themselves, but a judgment creditor who has sued out execution is
preferred to one who has not; another class of debts of record are
statutes merchant and staple, or recognizances in the nature of
statute staple, i.e. bonds of record acknowledged before the lord
mayor of London or the mayor of the staple. Last in the order of debts
come specialty and simple contract debts, which by Hinde Palmer's Act
(the Executors Act 1869) are of equal degree, though as between
specialty debts bonds given for value rank before voluntary bonds
unless assigned for value, and as between simple contract debts those
due to the crown have priority. Though the creditors can if necessary
take all the estate of the deceased to satisfy their claims, yet as
between the various classes of assets the representative must pay the
debts out of assets in the following order: (i.) General personal
estate not specifically bequeathed nor exempted from payment of debts;
(ii.) real estate appropriated to debts; (iii.) real estate descended;
(iv.) real estate devised charged with payment of debts; (v.) general
pecuniary legacies _pro rata_; (vi.) specific legacies and devises;
(vii.) real estate over which a general power of appointment has been
exercised by will; (viii.) the widow's paraphernalia.

5. The debts of the deceased being satisfied, the representative must
next proceed to satisfy the legacies and devises left by the testator.
In order to enable him to do this with safety to himself, it is
provided that he cannot be compelled to divide the estate among the
legatees or next of kin until twelve months from the death of the
deceased (this is commonly known as "the executor's year"), though if
there is no doubt as to the solvency of the estate he may do so at
once. As a further protection the representative may give notice by
advertisement for creditors to send in their claims against the
estate, and on expiration of the notices he may proceed to divide the
estate, though even then the creditor may follow the assets to the
person who has received them and recover for his debt. As between
legatees the following priorities must be observed: (1) Specific
legatees and devisees, (2) demonstrative legatees, and (3) general
legatees; and as to this last class the testator can give priority to
one over another. If there are not sufficient assets to pay the
general legatees they must abate rateably. Legacies were not payable
out of the real estate prior to the Land Transfer Act 1897, unless the
testator charged the realty with them. Even then unless the testator
exonerates his personalty from payment of the legacies the personalty
will be the first fund chargeable. It has been suggested that the
effect of the act is to make the realty chargeable _pro rata_ with the
personalty, but this is doubtful.

6. The residue, after all legacies and devises are satisfied, must, if
there be a will, be paid to the residuary legatee therein named, and
if there be no will the real estate will go to the heir (see
INHERITANCE) and the personalty to the next of kin (see INTESTACY). It
was held at one time that in default of a residuary legatee the
residue fell to the executor himself, but now nothing less than the
expressed intention of the testator can give it to him.

The liabilities of the representative may be shortly stated. He is
liable in his representative capacity in all cases where the deceased
would be liable were he alive. To this general rule there are some
exceptions. The representative cannot be sued for breach of a contract
for personal services which can be performed only in the lifetime of
the person contracting, nor again can he be sued in a case where
unliquidated damages only could have been recovered against the
deceased. He is liable in his personal capacity in the following
cases: if he contracts to pay a debt due by the deceased, or if having
admitted that he had assets in his hands sufficient to pay a debt or
legacy he has misapplied such assets so that he cannot satisfy them;
or lastly, if by mismanaging the estate and effects of the deceased he
has made himself liable for a _devastavit_. Shortly stated, a
representative is bound to exercise the ordinary care of a business
man in administering the estate of the deceased, and he will be liable
for the loss to the estate caused by his own negligence, or by the
negligence of a co-representative which his act or neglect has
rendered possible. Though the general rule of _delegatus non potest
delegari_ holds good of a representative, yet in certain cases he may
"rely upon skilled persons in matters in which he cannot be expected
to be experienced," e.g. he must employ solicitors to conduct a
lawsuit.

The privileges of the representative are these: he may prefer one
creditor to another of equal degree; he may retain a debt owing to him
from the deceased as against other creditors of equal degree (see
RETAINER); he may reimburse himself out of the estate all expenses
incurred in the execution of his trust.

An executor _de son tort_ is one who, without any title to do so,
wrongfully intermeddles with the assets of the deceased, dealing with
them in such a way as to hold himself out as executor. In such a case
he is subject to all the liabilities of an executor, and can claim
none of the privileges. He may be treated by the creditor as the
executor, and, if he is really assuming to act as executor, creditors
and legatees will get a good title from him, but he is liable to be
sued by the rightful representative for damages for interfering with
the property of the deceased.

_Scotland._--Executor in Scots law is a more extensive term than in
English. He is either nominative or dative, the latter appointed by
the court and corresponding in most respects to the English
administrator. Caution is required from the latter, not from the
former. By the common law doctrine of passive representation the heir
or executor was liable to be sued for implement of the deceased's
obligations. The Roman principle of _beneficium inventarii_ was first
introduced by an act of 1695. As the law at present stands, the heir
or executor is liable only to the value of the succession, except
where there has been vitious intromission in movables, and in _gestio
pro haerede_ (behaviour as heir) and other cases in heritables. The
present inventory duty on succession to movables and heritables
depends on the Finance Acts 1894-1909 (see ESTATE DUTY). In England
the executor is bound to pay the debts of the deceased in a certain
order, but in Scotland they all rank _pari passu_ except privileged
debts (see PRIVILEGE).

AUTHORITIES.--R.L. Vaughan Williams, _The Law of Executors and
Administrators_; W.G. Walker, _Compendium on the Law of Executors and
Administrators_; James Schouler, _Law of Executors and Administrators_
(3rd ed., Boston, 1901).

EXEDRA, or EXHEDRA (from Gr. [Greek: ex], out, and [Greek: hedra], a seat), an architectural term originally applied to a seat or recess out of doors, intended for conversation. Such recesses were generally semicircular, as in the important example built by Herodes Atticus at Olympia. In the great Roman thermae (baths) they were of large size, and like apses were covered with a hemispherical vault. An example of these exists at Pompeii in the Street of the Tombs. From Vitruvius we learn that they were often covered over, and they are described by him (v. 11) as places leading out of porticoes, where philosophers and rhetoricians could debate or harangue.

EXELMANS, RENE JOSEPH ISIDORE, COUNT (1775-1852), marshal of France, was born at Bar-le-Duc on the 13th of November 1775. He volunteered into the 3rd battalion of the Meuse in 1791, became a lieutenant in 1797, and in 1798 was aide-de-camp to General Eble, and in the following year to General Broussier. In his first campaign in Italy he greatly distinguished himself; and in April 1799 he was rewarded for his services by the grade of captain of dragoons. In the same year he took part with honour in the conquest of Naples and was again promoted, and in 1801 he became aide-de-camp to General Murat. He accompanied Murat in the Austrian, Prussian and Polish campaigns of 1805, 1806 and 1807. At the passage of the Danube, and in the action of Wertingen, he specially distinguished himself; he was made colonel for the valour which he displayed at Austerlitz, and general of brigade for his conduct at Eylau in 1807. In 1808 he accompanied Murat to Spain, but was there made prisoner and conveyed to England. On regaining his liberty in 1811 he went to Naples, where King Joachim Murat appointed him grand-master of horse. Exelmans, however, rejoined the French army on the eve of the Russian campaign, and on the field of Borodino won the rank of general of division. In the retreat from Moscow his steadfast courage was conspicuously manifested on several occasions. In 1813 he was made, for services in the campaign of Saxony and Silesia, grand-officer of the Legion of Honour, and in 1814 he reaped additional glory by his intrepidity and skill in the campaign of France. When the Bourbons were restored, Exelmans retained his position in the army. In January 1815 he was tried on an accusation of having treasonable relations with Murat, but was acquitted. Napoleon on his return from Elba made Exelmans a peer of France and placed him in command of the II. cavalry corps, which he commanded in the Waterloo campaign, the battle of Ligny and Grouchy's march on Wavre. In the closing operations round Paris Exelmans won great distinction. After the second Restoration he denounced, in the House of Peers, the execution of Marshal Ney as an "abominable assassination"; thereafter he lived in exile in Belgium and Nassau for some years, till 1819, when he was recalled to France. In 1828 he was appointed inspector-general of cavalry; and after the July revolution of 1830 he received from Louis Philippe the grand cross of the Legion of Honour, and was reinstated as a peer of France. At the revolution of 1848 Exelmans was one of the adherents of Louis Napoleon; and in 1851 he was, in recognition of his long and brilliant military career, raised to the dignity of a marshal of France. His death, which took place on the 10th of July 1852, was the result of a fall from his horse.

EXEQUATUR, the letter patent, issued by a foreign office and signed by a sovereign, which guarantees to a foreign consul the rights and privileges of his office, and ensures his recognition in the state in which he is appointed to exercise them. If a consul is not appointed by commission he receives no exequatur; and a notice in the _Gazette_ in this case has to suffice. The exequatur may be withdrawn, but in practice, where a consul is obnoxious, an opportunity is afforded to his government to recall him.

EXETER, EARL, MARQUESS AND DUKE OF. These English titles have been borne at different times by members of the families of Holand or Holland, Beaufort, Courtenay and Cecil. The earls of Devon of the family of de Redvers were sometimes called earls of Exeter; but the 1st duke of Exeter was John (c. 1355-1400), a younger son of Thomas Holand, earl of Kent (d. 1360). John's mother, Joan (d. 1385), a descendant of Edward I., married for her third husband Edward the Black Prince, by whom she was the mother of Richard II., and her son John was thus the king's half-brother, a relationship to which he owed his high station at the English court. He married Elizabeth (d. 1426), a daughter of John of Gaunt, duke of Lancaster, and was constantly in Richard's train until 1385, when his murder of Ralph Stafford disturbed these friendly relations. John then went to Spain as constable of the English army under John of Gaunt; but after his return to England in 1387 he was created earl of Huntingdon, was made admiral of the fleet and chamberlain of England, and was again high in the king's favour. He was Richard's chief helper in the proceedings against the lords appellant in 1397, was created duke of Exeter in September of this year, and went with the king to Ireland in 1399. After the accession of his brother-in-law, Henry IV., Holand was tried for his share in the events of 1397, and was reduced to his earlier rank of earl of Huntingdon. He was soon plotting against Henry's life, and after the projected rising in 1400 had failed he was captured and was probably beheaded at Pleshey in Essex on the 16th of January 1400.[1] He was afterwards attainted and his titles and lands were forfeited.

In 1416 THOMAS BEAUFORT, earl of Dorset, was created duke of Exeter; but this dignity was only granted for his life, and consequently it expired on his death in 1426.

In 1416 JOHN (1395-1447), son of John Holand, the former duke of Exeter, was allowed to take his father's earldom of Huntingdon. This nobleman rendered great assistance to Henry V. in his conquest of France, fighting both on sea and on land. He was marshal of England, admiral of England and governor of Aquitaine under Henry VI.; was one of the king's representatives at the conference of Arras in 1435; and in 1443 was created duke of Exeter. When he died on the 5th of August 1447 his titles passed to his son HENRY (1430-1473), who, although married to Anne (d. 1476), daughter of Richard, duke of York, fought for Henry VI. during the Wars of the Roses. After having been imprisoned by York at Pontefract, he was present at the battle of Towton, sailed with Henry's queen, Margaret of Anjou, to Flanders in 1463, and was wounded at Barnet in 1471. In 1461 he had been attainted and his dukedom declared forfeited, and he died without sons, probably in 1473.

Coming to the family of Courtenay the title of marquess of Exeter was borne by HENRY COURTENAY (c. 1496-1538), earl of Devon, who was made a marquess in 1525. A grandson of Edward IV., Courtenay was a prominent figure at the court of Henry VIII. until Thomas Cromwell rose to power, when his high birth, his great wealth and his independent position made him an object of suspicion. Some slight discontent in the west of England gave the occasion for his arrest, and he was tried and beheaded on the 9th of December 1538. A few days later he was declared a traitor and his titles were forfeited; although his only son, EDWARD (c. 1526-1556), who was restored to the earldom of Devon in 1553 and was a suitor for the hand of Queen Mary, is sometimes called marquess of Exeter.

The title of earl of Exeter was first bestowed upon the Cecils (see CECIL: _Family_) in 1605 when THOMAS, 2nd Lord Burghley (1542-1623), the eldest son of William Cecil, Lord Burghley, was made earl of Exeter by James I. Thomas had been a member of parliament during the reign of Queen Elizabeth, who knighted him in 1575, and had fought under the earl of Leicester in the Netherlands. After his father's death in 1598 he became president of the Council of the North and was made a knight of the Garter. He died on the 7th or 8th of February 1623. His direct descendants continued to bear the title of earl of Exeter, and in 1801 HENRY (1754-1804), the 10th earl, was advanced to the dignity of marquess of Exeter, the present marquess being his lineal descendant. It may be noted that the 1st marquess is Tennyson's "lord of Burghley."

See G.E. C(okayne), _Complete Peerage_ (1887-1898).

FOOTNOTE:

[1] There is some difference of opinion about the place and manner of
the earl's death, and this question has an important bearing upon the
privilege of trial by peers of the realm. See L.W. Vernon-Harcourt,
_His Grace the Steward and Trial of Peers_ (1907).

EXETER, a city and county of a city, municipal, county and parliamentary borough, and the county town of Devonshire, England, 172 m. W.S.W. of London, on the London & South Western and the Great Western railways. Pop. (1901) 47,185. The ancient city occupies a broad ridge of land, which rises steeply from the left bank of the Exe. At the head of the ridge is the castle, on the site of a great British earthwork. The High Street and its continuation, called Fore Street, are narrow, but very picturesque, with many houses of the 16th and 17th centuries. There is a maze of lesser streets within the ancient walls, the line of which may be traced. All the gates have disappeared. The suburbs, which have greatly extended since the beginning of the 19th century, contain many good streets, terraces and detached villas. The surrounding country is rich, fertile and of great beauty. Extensive views are commanded in the direction of Haldon, a stretch of high moorland which may be regarded as an outlier of Dartmoor. The lofty mound of the castle is laid out as a promenade, with fine trees and broad walks.

The cathedral, although not one of the largest in England, is unsurpassed in the beauty of its architecture and the richness of its details. With the exception of the Norman transeptal towers, the general character is Decorated, ranging from about 1280 to 1369. Transeptal towers occur elsewhere in England only in the collegiate church of Ottery St Mary, in Devonshire, for which Exeter cathedral served as a model. The west front is of later date than the rest (probably 1369-1394), and the porch is wholly covered with statues. Within, the most noteworthy features are the long unbroken roof, extending throughout nave and choir, with no central tower or lantern; the beautiful sculpture of bosses and corbels; the minstrel's gallery, projecting from the north triforium of the nave; and the remarkable manner in which the several parts of the church are made to correspond. The window tracery is much varied; but each window answers to that on the opposite side of nave or choir; pier answers to pier, aisle to aisle, and chapel to chapel, while the transeptal towers complete the balance of parts. A complete restoration under Sir G.G. Scott was carried out between 1870 and 1877. The modern stall work, the reredos, the choir pavement of tiles, rich marbles and porphyries, the stained glass and the sculptured pulpits in choir and nave are meritorious. The episcopal throne, a sheaf of tabernacle work in wood, was erected by Bishop Stapeldon about 1320, and in the north transept is an ancient clock. The most interesting monuments are those of bishops of the 12th and 13th centuries, in the choir and lady chapel. Some important MSS., including the famous book of Saxon poetry given by Leofric to his cathedral, are preserved in the chapter-house. The united sees of Devonshire and Cornwall were fixed at Exeter from the installation there of Leofric (1050) by the Confessor, until the re-erection of the Cornish see in 1876. The bishop's palace embodies Early English portions. The diocese covers the greater part of Devonshire, with a very small part of Dorsetshire.

The guildhall in the High Street is a picturesque Elizabethan building, which contains some interesting portraits; among them being one of General Monk, who was a native of Devon, and another of Henrietta, duchess of Orleans, given by her brother Charles II. Both are by Sir Peter Lely. The assize hall and sessions house dates from 1774. The Albert Memorial Museum contains a school of art, an excellent free library, a reading-room, and a museum of natural history and antiquities. There is a good collection of local birds, and some remarkable pottery and bronze relics extracted from barrows near Honiton or found in various parts of Devonshire. Of the castle, called Rougemont, the chief architectural remnant is a portion of a gateway tower which may be late Norman. Traces are also seen of the surrounding earthworks, which may have belonged to the original British stronghold. Beneath the castle wall is the pleasant promenade of Northernhay. The churches of Exeter are of little importance, being mostly small, and closely beset with buildings, but the modern church of St Michael (1860) deserves notice. The Devon and Exeter Institution, founded in 1813, contains a large and valuable library, and among educational establishments may be noticed the technical and university extension college, the diocesan training college and school; and the grammar school, which was founded under a scheme of Walter de Stapeldon, bishop of Exeter and founder of Exeter College, Oxford, in 1332, and refounded in 1629, but occupies modern buildings (1886) outside the city. It is endowed with a large number of leaving exhibitions, and about 150 boys are educated. There are two market-houses in the city, many hospitals and many charitable institutions, including the picturesque hospital or almshouse of William Wynard, recorder of Exeter (1439).

Exeter is one of the principal railway centres in the south-west, and it also has some shipping trade, communicating with the sea by way of the Exeter ship-canal, originally cut in the reign of Elizabeth (1564), and enlarged in 1675 and 1827. This canal is an interesting work, being the first canal carried out in the United Kingdom for the purpose of enabling sea-going vessels to pass to an inland port. The river Exe was very early utilized by small craft trading to Exeter, parliament having granted powers for the improvement of the navigation by the construction of a canal 3 m. long from Exeter to the river; at a later date this canal was extended lower down to the tidal estuary of the Exe. Previous to the year 1820 it was only available for vessels of a draft not exceeding 9 ft., but by deepening it, raising the banks, and constructing new locks, vessels drawing 14 ft. of water were enabled to pass up to a basin and wharves at Exeter. These works were carried out under the advice of Thomas Telford. A floating basin is accessible to vessels of 350 tons. Larger vessels lie at Topsham, at the junction of the canal with the estuary of the Exe; while at the mouth of the estuary is the port of Exmouth. Imports are miscellaneous, while paper, grain, cider and other goods are exported. Brewing, paper-making and iron-founding are carried on, and the city is an important centre of agricultural trade. The parliamentary borough returns one member. The city is governed by a mayor, 14 aldermen and 42 councillors. Area, 3158 acres. The eastern suburb of Heavitree, where is the Exeter city asylum, is an urban district with a population (1901) of 7529.

Exeter was the Romano-British country town of _Isca Damnoniorum_--the most westerly town in the south-west of Roman Britain. Mosaic pavements, potsherds, coins and other relics have been found, and probably traces of the Roman walls survive here and there in the medieval walls. It is said to be the _Caer Isce_ of the Britons, and its importance as a British stronghold is shown by the great earthwork which the Britons threw up to defend it, on the site of which the castle was afterwards built, and by the number of roads which branch from it. Exeter is famous for the number of sieges which it sustained as the chief town in the south-west of England. In 1001 it was unsuccessfully besieged by the Danes, but in the following year was given by King Aethelred to Queen Emma, who appointed as reeve, Hugh, a Frenchman, owing to whose treachery it was taken and destroyed by Sweyn in 1003. By 1050, however, it had recovered, and was chosen by Leofric as the new seat of the bishops of Devon. In 1068, after a siege of eighteen days, Exeter surrendered to the Conqueror, who threw up a castle which was called Rougemont, from the colour of the rock on which it stood. Again in 1137 the town was held for Matilda by Baldwin de Redvers for three months and surrendered, at last, owing to lack of water. Three times subsequently Exeter held out successfully for the king--in 1467 against the Yorkists, in 1497 against Perkin Warbeck, and in 1549 against the men of Cornwall and Devon, who rose in defence of the old religion. During the civil wars the city declared for parliament, but was in 1643 taken by the royalists, who held it until 1646. The only other historical event of importance is the entry of William, prince of Orange, in 1688, shortly after his arrival in England. Exeter was evidently a borough by prescription some time before the Conquest, since the burgesses are mentioned in the Domesday Survey. Its first charter granted by Henry I. gave the burgesses all the free customs which the citizens of London enjoyed, and was confirmed and enlarged by most of the succeeding kings. By 1227 government by a reeve had given place to that by a mayor and four bailiffs, which continued until the Municipal Reform Act of 1835. Numerous trade gilds were incorporated in Exeter, one of the first being the tailors' gild, incorporated in 1466. This by 1482 had become so powerful that it interfered with the government of the town, and was dissolved on the petition of the burgesses. Another powerful gild was that of the merchant adventurers, incorporated in 1559, which is said to have dictated laws to which the mayor and bailiffs submitted. From 1295 to 1885 Exeter was represented in parliament by two members, but in the latter year the number of representatives was reduced to one. Exeter was formerly noted for the manufacture of woollen goods, introduced in Elizabeth's reign, and the value of its exports at one time exceeded half a million sterling yearly. The trade declined partly owing to the stringent laws of the trade gilds, and by the beginning of the 19th century had entirely disappeared, although at the time of its greatest prosperity it had been surpassed in value and importance only by that of Leeds.

See _Victoria County History_, _Devon_; Richard Izacke, _Antiquities
of the City of Exeter_ (1677); George Oliver, _The History of the City
of Exeter_ (1861); and E.A. Freeman, _Exeter_ ("Historic Towns"
series) (London, 1887), in the preface to which the names of earlier
historians of the city are given.

EXETER, a town and one of the county-seats of Rockingham county, New Hampshire, U.S.A., on the Squamscott river, about 12 m. S.W. of Portsmouth and about 51 m. N. by E. of Boston, Mass. Pop. (1890) 4284; (1900) 4922 (1066 foreign-born); (1910) 4897; area, about 17 sq. m. It is served by the Western Division of the Boston & Maine railway. The town has a public library and some old houses built in the colonial period, and is the seat of Phillips Exeter Academy (incorporated in 1781 and opened in 1783). In its charter this institution is described as "an academy for the purpose of promoting piety and virtue, and for the education of youth in the English, Latin and Greek languages, in writing, arithmetic, music and the art of speaking, practical geometry, logic and geography, and such other of the liberal arts and sciences or languages, as opportunity may hereafter permit." It was founded by Dr John Phillips (1719-1795), a graduate of Harvard College, who acquired considerable wealth as a merchant at Exeter and gave nearly all of it to the cause of education. The academy is one of the foremost secondary schools in the country, and among its _alumni_ have been Daniel Webster, Edward Everett, Lewis Cass (born in Exeter in a house still standing), John Parker Hale, George Bancroft, Jared Sparks, John Gorham Palfrey, Richard Hildreth and Francis Bowen. The government of the academy is vested in a board of six trustees, regarding whom the founder provided that a majority should be laymen and not inhabitants of Exeter. In 1909-1910 the institution had 20 buildings, 32 acres of recreation grounds, 16 instructors and 488 students, representing 38 states and territories of the United States and 4 foreign countries. At Exeter also is the Robinson female seminary (1867), with 14 instructors and 272 students in 1906-1907. The river furnishes water-power, and among the manufactures of the town are shoes, machinery, cottons, brass, &c. The town is one of the oldest in the state; it was founded in 1638 by Rev. John Wheelwright, an Antinomian leader who with a number of followers settled here after his banishment from Massachusetts. For their government the settlers adopted (1639) a plantation covenant. There was disagreement from the first, however, with regard to the measure of loyalty to the king, and in 1643, when Massachusetts had asserted her claim to this region and the other three New Hampshire towns had submitted to her jurisdiction, the majority of the inhabitants of Exeter also yielded, while the minority, including the founder, removed from the town. In 1680 the town became a part of the newly created province of New Hampshire. During the French and Indian wars it was usually protected by a garrison, and some of the garrison houses are still standing. From 1776 to 1784 the state legislature usually met at Exeter.

See C.H. Bell, _History of the Town of Exeter_ (Exeter, 1888).

EXETER BOOK [_Codex Exoniensis_], an anthology of Anglo-Saxon poetry presented to Exeter cathedral by Leofric,[1] bishop of Exeter, England, from 1050 to 1071, and still in the possession of the dean and chapter. It contains some legal documents, the poems entitled _Crist_, _Guthlac_, _Phoenix_, _Juliana_, _The Wanderer_ and others, and concludes with between eighty and ninety riddles. It was first described in Humphrey Wanley's _Catalogus_ ... (1705) in detail but with many inaccuracies; subsequently by J.J. Conybeare, _Account of a Saxon Manuscript_ (a paper read in 1812; printed with some extracts from the MS. in _Archaeologia_, vol. xvii. pp. 180-197, 1814). A complete transcript made (1831) by Robert Chambers is in the British Museum (Addit. MS. 9067). It was first printed in 1842 by Benjamin Thorpe for the Soc. of Antiq., London, as _Codex Exoniensis ... with an English Translation, Notes and Indexes_. More recent editions, chiefly based on Thorpe's text, are:--in Chr. Grein's _Bibliothek der A.S. Poesie_ (vol. iii. part 1, ed. R. Wulker, Leipzig, 1897, with a bibliography), J. Schipper in Pfeiffer's _Germania_, vol. xix. pp. 327-339, and Israel Gollancz, _The Exeter Book_, pt. i. (1895), with English translation, for the Early English Text Society.

A detailed account, with bibliographies of the separate poems, is
given by R. Wulker, in _Grundriss ... der A.S. Literatur_, pp. 218-236
(Leipzig, 1885); see also the introduction to _The Crist of Cynewulf_
..., edited by Prof. A.S. Cook, with introduction, notes and a
glossary (Boston, U.S.A., 1900). For the poems contained in the MS.
see also CYNEWULF and RIDDLES.

FOOTNOTE:

[1] For Leofric, see F.E. Warren, _The Leofric Missal_ (1883).

EXHIBITION, a term, meaning in general a public display,[1] which has a special modern sense as applied to public shows of goods for the promotion of trade (Fr. _exposition_). The first exhibition in this sense of which there is any account, in either sacred or profane history, was that held by King Ahasuerus, who, according to the Book of Esther, showed in the third year of his reign "the riches of his glorious kingdom, and the honour of his excellent majesty, many days, even a hundred and fourscore days." The locale of this function was Shushan, the palace and the exhibits consisted of "white, green and blue hangings, fastened with cords of fine linen and purple to silver rings and pillars of marble: the beds were of gold and silver, upon a pavement of red, and blue, and white and black marble. And they gave them drink in vessels of gold, the vessels being diverse one from another." The first exhibition since the Christian era was at Venice during the dogeship of Lorenzo Tiepolo, in 1268. On that occasion there was a grand display, consisting of a water fete, a procession of the trades and an industrial exhibition. The various gilds of the Queen City of the Seas marched through the narrow streets to the great square of St Mark, and their leaders asked the dogaressa to inspect the products of their industry. Other medieval exhibitions were the fairs held at Leipzig and Nizhni Novgorod in Europe, at Tanta in Egypt, and in 1689 that by the Dutch at Leiden.

The first modern exhibition was held at London in 1756 by the Society of Arts, which offered prizes for improvements in the manufacture of tapestry, carpets and porcelain, the exhibits being placed side by side. Five years afterwards, in 1761, the same society gave an exhibition of agricultural machinery. In 1797 a collective display of the art factories of France, including those of Sevres, the Gobelins and the Savonnerie, was made in the palace of St Cloud, and the exhibition was repeated during the following year in the rue de Varennes, Paris. This experiment was so successful that in the last three days of the same year an exhibition under official auspices, at which private exhibitors were allowed to compete, was held in the Champ de Mars. Four years later, in 1801, there was a second official exhibition in the grand court of the Louvre. Upon that occasion juries of practical men examined the objects shown, and the winners of a gold medal were invited to dine with Napoleon, who was at that time First Consul. In the report of the jury the following remarkable sentence appeared:--"There is not an artist or inventor who, once obtaining thus a public recognition of his ability, has not found his reputation and his business largely increased." The third Paris Exhibition, held in 1802, was the first to publish an official catalogue. There were 540 exhibitors, including J.E. Montgolfier, the first aeronaut, and J.M. Jacquard, the inventor of the loom which bears his name. The fourth exhibition was held in 1806 in the esplanade in front of the Hotel des Invalides, and attracted 1422 exhibitors. There were no more exhibitions till after the fall of the empire, but in 1819 the fifth was held during the reign of Louis XVIII., with 1622 exhibitors. Others were held at Paris at various intervals, that in 1849 having 4500 exhibitors.

Other exhibitions, though on a smaller scale, were held in Dublin, London, and in various parts of Germany and Austria during the first half of the 19th century--that in 1844, held at Berlin, having 3040 exhibitors. Switzerland, Holland, Belgium, Sweden, Russia, Poland, Italy, Spain and Portugal all held exhibitions, and there was a Free Trade Bazaar of British Manufactures at Covent Garden theatre in 1845, which at the time created a great deal of interest. But all these exhibitions were confined to the products of the country in which they took place, and the first great International Exhibition was held in London in 1851 by the Society of Arts, under the presidency of the prince consort. All nations were invited to compete; a site was obtained in Hyde Park, and a building 20 acres in extent was erected, after the design of Sir Joseph Paxton, at a cost of L193,168. The exhibition was open for five months and fifteen days. The receipts amounted to L506,100, and the surplus was L186,000. The number of visitors was 6,039,195, and the money taken at the doors was L423,792. The total, number of exhibitors was 13,937, of which Great Britain contributed 6861, the British colonies 520 and foreign countries 6556. The International Exhibition of 1851 was followed by those of New York and Dublin in 1853, Melbourne and Munich in 1854, and Paris in 1855--this latter was held in the Palais d'Industrie, which remained in existence until pulled down to make room for the two Palais des Beaux Arts, which formed one of the attractions of the 1900 exhibition. The exhibitors numbered 20,839 and the visitors 5,162,330. There were national exhibitions during the following years in several European countries, but the next great world's fair was held at London in 1862. The total space roofed in amounted to 988,000 sq. ft., 22.65 acres, the number of visitors was 6,211,103, and the amount received at the doors L408,530. The death of the prince consort had a depressing effect upon the enterprise. In 1865 an exhibition was held at Dublin, the greater proportion of the funds being supplied by Sir Benjamin Lee Guinness. The number of attendances during six months was 900,000, and the exhibition was opened at night. An Italian exhibition was held at Rome in 1862.

The Paris Exhibition of 1867 was upon a far larger scale than that of 1855. It was held, like those that preceded and succeeded it, at the Champ de Mars, and covered 41 acres. The building resembled an exaggerated gasometer. The external ring was devoted to machinery, the internal to the gradual development of civilization, commencing with the stone age and continuing to the present era. A great feature of the exhibition was the park, which was studded with specimens of every style of modern architecture--Turkish mosques, Swedish cottages, English lighthouses, Egyptian palaces and Swiss chalets. The number of attendances was 6,805,969. The exhibitors numbered 43,217, and the total amount received for entrances, concessions, &c., was L420,735. This was the first exhibition at which there were international restaurants. The cost of the exhibition was defrayed partly by the state and partly by private subscriptions.

Small exhibitions were held in various parts of Europe between 1867 and 1870, and in the latter year a series of international exhibitions, confined to one or two special descriptions of produce or manufactures, was inaugurated in London at South Kensington. These continued till 1874, but they failed to attract any very large attendance of the public and were abandoned. A medal was given to each exhibitor, and reports on the various exhibits were published, but there was no examination of the exhibits by jurors. In 1873 there was an International Exhibition at Vienna. The main building, a rotunda, was erected in the beautiful park of the Austrian capital. There were halls for machinery and agricultural products, and hundreds of buildings, erected by different nations, were scattered amongst the woodlands of the Prater. Unfortunately, an outbreak of cholera diminished the attendance of visitors, and the receipts were only L206,477, although the visitors were said to have reached 6,740,500, and the number of exhibitors was 25,760.

None of the International Exhibitions held between 1857 and 1873 had attracted as many as 7,000,000 visitors, but the gradual extension of education amongst the masses, and the greater facilities for locomotion, brought about by the growth of the railway system in all portions of the civilized world, largely increased the attendances at subsequent World's Fairs. The Centennial Exhibition of 1876, to celebrate the one-hundredth anniversary of American Independence, was held at Fairmount Park, Philadelphia. The funds were raised partly by private subscriptions, and partly by donations from the city of Philadelphia, from Pennsylvania and some of the neighbouring states. The central government at Washington made a large loan, which was subsequently repaid. The principal buildings, five in number, occupied an area of 48-1/2 acres, and there were several smaller structures, which in the aggregate must have filled half as much space more, the largest being that devoted to the exhibits of the various departments of the United States government, which covered 7 acres. Several novelties in exhibition management were introduced at Philadelphia. Instead of gold, silver and bronze medals, only one description, bronze, was issued, the difference between the merits of the different exhibits being shown by the reports. Season tickets were not issued, and the price of admission, the same on all occasions, was half a dollar, or about 2s. 1d. The exhibition was not open at night or on Sundays, thus following the British, and not the continental, precedent. The number of visitors was 9,892,625, of whom 8,004,214 paid for admission, the balance being exhibitors, officials and attendants. The total receipts amounted to L763,899. Upon one occasion, the Pennsylvania day, 274,919 persons--the largest number that had visited any exhibition up to that date--passed through the turnstiles. The display of machinery was the finest ever made, that of the United States occupying 480,000 sq. ft. The motive-power was obtained from a Corliss engine of 1600 horse-power. At this exhibition the United Kingdom and the British Colonies of Canada, Victoria, New South Wales, New Zealand, Cape Colony and Tasmania made a very fine display, which was only excelled by that of the United States.

The Paris Exhibition of 1878 was upon a far larger scale in every respect than any which had been previously held in any part of the world. The total area covered not less than 66 acres, the main building in the Champ de Mars occupying 54 acres. The French exhibits filled one-half the entire space, the remaining moiety being occupied by the other nations of the world. The United Kingdom, British India, Canada, Victoria, New South Wales, Queensland, South Australia, Cape Colony and some of the British crown colonies occupied nearly one-third of the space set aside for nations outside France. Germany was the only great country which was not represented, but there were a few German paintings. The display of fine arts and machinery was upon a very large and comprehensive scale, and the Avenue des Nations, a street 2400 ft. in length, was devoted to specimens of the domestic architecture of nearly every country in Europe, and of several in Asia, Africa and America. The palace of the Trocadero, on the northern bank of the Seine, was erected for the exhibition. It was a handsome structure, with towers 250 ft. in height and flanked by two galleries. The rules for admission were the same as those at Philadelphia, and every person--exhibitor, journalist or official--who had the right of entrance was compelled to forward two copies of his or her photograph, one of which was attached to the card of entry. The ordinary tickets were not sold at the doors, but were obtainable at various government offices and shops, and from numerous pedlars in all parts of the city and suburbs. The buildings were somewhat unfinished upon the opening day, political complications having prevented the French government and the French people from paying much attention to the exhibition till about six months before it was opened; but the efforts made in April were prodigious, and by June 1st, a month after the opening, the exhibition was complete, and afforded an object-lesson of the recovery of France from the calamities of 1870-1871. The decisions arrived at by the international juries were accompanied by medals of gold, silver and bronze. The expenditure by the United Kingdom was defrayed out of the consolidated revenue, each British colony defraying its own expenses. The display of the United Kingdom was under the control of a royal commission, of which the prince of Wales was president. The number of paying visitors to the exhibition was 13,000,000, and the cost of the enterprise to the French government, which supplied all the funds, was a little less than a million sterling, after allowing for the value of the permanent buildings and the Trocadero Palace, which were sold to the city of Paris. The total number of persons who visited Paris during the time the exhibition was open was 571,702, or 308,974 more than came to the French metropolis during the year 1877, and 46,021 in excess of the visitors during the previous exhibition of 1867. It was stated at the time that, in addition to the impetus given to the trade of France, the revenue of the Republic and of the city of Paris from customs and octroi duties was increased by nearly three millions sterling as compared with the previous year.

Exhibitions on a scale of considerable magnitude were held at Sydney and Melbourne in 1879 and 1880, and many continental and American manufacturers took advantage of them in order to bring the products of their industry directly under the notice of Australian consumers, who had previously purchased their supplies through the instrumentality of British merchants. The United Kingdom and India made an excellent display at both cities, but the effect of the two great Australian exhibitions was to give a decided impetus to German, American, French and Belgian trade. One of the immediate results was that lines of steamers to Melbourne and Sydney commenced to run from Marseilles and Bremen; another, that for the first time in the history of the Australian colonies, branches of French banks were opened in the two principal cities. The whole cost of these exhibitions was defrayed by the local governments.

Exhibitions were held at Turin and Brussels during 1880, and smaller ones at Newcastle, Milan, Lahore, Adelaide, Perth, Moscow, Ghent and Lille during 1881 and 1882, and at Zurich, Bordeaux and Caraccas in Venezuela during 1883. The next of any importance was held at Amsterdam in the latter year. On that occasion a new departure in exhibition management was made. The government of the Netherlands was to a certain extent responsible for the administration of the exhibition, but the funds were obtained from private sources, and a charge was made to each nation represented for the space it occupied. The United Kingdom, India, Victoria and New South Wales took part in the exhibition, but there was no official representation of the mother country. Exhibitions on somewhat similar lines were held at Nice and Calcutta in the winter of 1883 and 1884, and at Antwerp in 1895.