Page:Encyclopædia Britannica, Ninth Edition, v. 8.djvu/819

Rh E X A E X C 783 the University of Cambridge, 1874 ; Twentieth Report of Civil Ser vice Commissioners, 1876. PERIODICALS. Mind, No. 1, 1873, &quot;Philosophy at Oxford,&quot; Mark Pattison, B.D. ; Fortnight! y Review, June 1875, &quot;The Examination System at the Universities,&quot; A. H. Sayce ; Contemporary Review, April 1876, &quot;Idle Fellow ships,&quot; H. Sidgwick, and November 1877, &quot; The Civil Service Ex amination Scheme in relation to Sciences and to Languages,&quot; Alex. Bain, LL. D.; Nineteenth Century, April 1878, &quot;The Good and Evil of Examination,&quot; Canon Barry; Quarterly Journal of Edu cation, April and July 1872, &quot;On the Leaving Examinations of Prussia,&quot; by W. C. Perry; Macmillans Magazine, June 1877, &quot; On German Schools,&quot; W. C. Perry, and March 1878, &quot; German Views of Oxford and Cambridge. &quot; (H. LA.) EXARCH (t^apxos, a chief person or leader), a title that has been conferred at different periods on certain chief officers or governors, both in secular and ecclesiastical matters. Of these, the most important were the exarchs of Ravenna, the first of whom was appointed by Jus tinian, emperor of the East, as governor of the middle part of Italy, which was made a province of the Eastern empire after Narses had entirely subdued the Goths and their allies in Italy, 552-55i A.D. Ravenna, with the whole exarchate, was conquered by Astolphus, king of the Lombards, in the year 752; but three years later it was taken by Pepin, king of the Franks, who bestowed it on the pope (Stephen III.), from which time Ravenna and its territory remained united to the papal dominions. The exarch of a diocese was anciently the same as primate. This dignity was intermediate between the patriarchal and the metropolitan, the name patriarch being given only to the heads of the more important dioceses. Metropolitans are also sometimes called exarchs, but apparently not in a technical sense. Exarch is used, in the ecclesiastical antiquities of the Eastern Church, fora general or superior over several monasteries, and is also applied to certain ecclesiastics deputed by the patriarch of Constantinople to collect the tribute payable by the church to the Turkish Government. In the modern Greek Church, an exarch is a deputy, or legate a latere, of the patriarch, whose office it is to visit the clergy and churches in the provinces allotted him. EXCAMBION&quot;, or EXCHANGE. Excambion (a word con nected with a large class of Low Latin and Romance forms, such as cambium, concambium, scambium, from Latin cambire, and Greek /ca^/Jeiv or Kafjarreiv, to bend, turn, or fold) means in Scotch law the exchange of one heritable subject for another. Its meaning is extended by Lord Stair (fust., i. 14-, 1) to every case of exchange or barter, the permntatio or innominate contract (Datur res ut vicissim res det-ur) of the civil law, about which a fierce controversy raged between the Proculian and Sabinian schools, as to whether it was truly a sale or a separate contract. Both schools used to quote the words of Homer, &quot; And thence, too, wine was got by the long haired Achyeans, some bartering it for bronze, and others the glistening steel, some hides, and some the cows them selves, and some again slaves.&quot; This Roman contract was not const ituted by consent, but by a formal stipulation ; it did not pass the property of movables, if the seller had not a title; and it was liable to be rescinded on proof of great inequality. In each of these features it has been modified l&amp;gt;y the modern law of most European states. Er.skine says (Inst., iii. 3, 13), &quot; This doctrine (of property not passing apart from title) may be equitable if directed only against the party himself and his heir ; but there could be little security in the commerce of movables if it were extended against a singular successor who had bona fide bought the subject from the party after the exchange.&quot; la other points, such as the risk of a subject being destroyed, or the remedies on breach of contract, permutation of mov ables falls under the same rules as sale. The feudal lawyers amused themselves by discussing what name should be given to a contract in which the consideration consisted partly of money. They called it sale where nuijor pars in pretio quam in re permutata. In the more limited sense of the exchange of heritable subjects, this contract received from the feudal law some advantages not given to sale. Thus, the burdensome right of the superior called protimesis, or pre-emption, did not apply to ex- cambions. The decuriones, or town councils, of the imperial municipia were allowed to excamb, although they could not sell, the town-lands ; and so with regard to church lands, thefundus dotalis, and other subjects partly withdrawn from commerce, excambions, but not sales, were permitted. Sovereigns, too, were allowed to excamb parts of the royal domain, although, as may be seen from the Scotcli annexation and dissolution statutes of the IGtb century, it required special authority to feu or alienate such subjects. The modern Scotch excambion may consist in the exchange of any heritable subjects whatever, e.&amp;lt;7., a patronage or, what often occurs, a portion of a glebe for servitude. The older form of an excambion was in separate dispositions by each &quot; copermutant,&quot; as Pothier calls him, in favour of the other, or sometimes mutual charters, each party becoming in turn vassal and superior. And according to the Leges Burgorum, c. 55, where lands or houses in burgh were exchanged, the form of delivering sasine consisted in the apertio and clausio of the door, or the passing out and in of the parties respectively, each of whom gave two pennies (duo nummi) to the bailie. But this early form was soon superseded by one contract of excambion (originally drawn by Gilmour and Nisbet, and preserved in the MS. Style Book of Bain of Pitcarly) con taining both dispositions, and proceeding generally on the narrative that the parcels of land excambed lie remote from or at least discontiguous to the mansion-house or the principal estate, and, being intersected by the lands of the other party, form a run-rig possession. This contract gives to each party a sufficient narrative of his own title to the lands he is disponing, and it provides, although the law implies this in every express excambion, that on eviction the contract and sasine shall be void and null, and that immediate &quot; recurrency &quot; or reguss be given brevi manu to the lands which were excaml ed by the party evicted. Such real warrandice, as it is called, affects ex cambed land in the hands of singular successors who have purchased bona fide, and hence it is often provided that notice of any action of eviction shall be given to the excamber or his heirs. This exceptional severity reminds one of the civil law which distinguished between sale, where delivery of possession with warraudice against evic tion was sufficient performance by the seller, and exchange, where an absolute title of property must be given. Writ ing, however, is not, by the law of Scotland, essential to an excambion. Chiefly in favour of the class of cottars and small feuars, and for convenience in straightening marches, the law will consider the most informal memoranda, an I even a verbal agreement, if supported by the subsequent possession. The power to excamb was gradually conferred on entailed proprietors. The Montgomery Act, which was passed in 1770, to facilitate agricultural improvements, per mitted 50 acres arable and 100 acres not fit for the plough to be excambed. This was enlarged by the Rosebery Act in 1830, under which one-fourth of an entailed estate, not including the mansion-house, home farm, and policies, might be excambod, provided the heirs took no higher gra.ssum than .200. The power was applied to the whole estate by the Rutlierfurd Act of 1848, and the necessary consents of substitute heirs are now regulated by the Entail Amendment Act of 1875. Exrhanye, in English law, is defined as the mutual grant of equal interests, the one in consideration of the