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96 E X C 
Things excepted or fpecified in exception : 
Who fir ft taught fouls enflav’d, and realms undone, 
T h’ enormous faith of many made for one ; 
T hat proud exception to all nature’s laws, 
T’ invert the world and counterwork itscaufe ? Pope. 
Objection; cavii; with againf or to. —He may have excep¬ 
tions peremptory againft. the jurors, of which he then fhal 1 
lliew caule. Spenfer. — I will anfwer what exceptions they 
can have to our account, and confute all. the reafons and 
explicationsthey can give of their own. Bentley .—Peevifti 
diftike ; offence taken ; fometimes with to : 
I fear’d to lliew my father Julia’s letter, 
Left he lliould take exceptions to my love. Shakefpcare. 
Sometimes with at .- 
He firft took exception at this badge, 
Pronouncing, that the palenefs of this flow’r 
Bewray’d the faintnefs of my mafter’s heart. Shakefpcare. 
Sometimes with againf. —Roderigo, thou haft taken againf 
me an exception ; but I proteft I have dealt mod direCtly in 
thy affair. Shakefpcare .—In thisfenfe it is commonly ufed 
with the 'etch take .—He gave Sir James Tirrel great thanks; 
but took exception to the place of their burial, being too bafe 
for them that were king’s children. Bacon. 
EXCEPTION,/. in law, is a flop or (lay to an action ; 
and divided into dilatory and peremptory. In law pro¬ 
ceedings, it is a denial of a matter alleged in bar to the 
aCtion ; and in chancery it is what is alleged againft the 
fufficiency of an anfwer, &c. The counfel in a caufe are 
to take all their exceptions to the record at one time ; and 
before the court hath delivered any opinion thereon. 
1 Lii. Air. 539. And on an indictment for treafon, &c. 
exception is to be taken for mifnaming, falfe Latin, &c. 
before any evidence is given in court ; or the indictment 
fliall be good. 7 Will. III. c. 3. Where, by a general 
pardon, any particular crime is excepted ; if a perfon be 
attainted of that offence, he fliall have no benefit of the 
pardon. 2 Nelf . Abr. 765. And when a pardon is with an 
exception as to perfons, the party who pleads it ought to 
fhew, that he is not any of the parties excepted. 1 Lev. 26. 
A negative expreffion may be taken to enure to the fame 
intent as an exception ; for an exception in its nature is 
but a denial of what is taken to be good by the other 
party, either in point of law or pleading. And exceptio in 
non cxceptisfirnat regulam. 1 Lill. 559. 
Exception in Deeds and Writings, keeps the 
things from paffmg thereby ; being a faving out of the 
deed, as if the fame had not been granted : but it is to be 
a particular thing out of a general one, as a room out of 
an houfe, ground out of a manor, timber out of land, 
See. Atid it muft not be of a thing exprefsly granted in a 
deed : alfo it muft be of what is feverable from, and not 
infeparably incident to, the grant. Co. Lit. 47. Where 
an exception goetli to the whole thing granted or demifed, 
the exception is void. A man makes a leafe of a manor, 
excepting all courts, &c. the exception is void as to the 
courts ; for having leafed the manor, it cannot be fucli 
without courts. Hob. 108. A leafe was made of all a 
man’s lands in L. excepting his manor of H. and he had 
no lands in L. but the faid manor ; it was adjudged that 
the manor paffed, and that the exception was void. 2 Nelf. 
Abr. 764. A leafe of an houfe and (hops, except the 
(hops ; though this may extend to other ihops, it is void 
as to the (hops belonging to the houfe demifed, becaufe it 
is repugnant to the leafe. Dyer, 265. If an exception 
erodes the grant, or is repugnant to it, the fame is void : 
and it there be a faving or exception out of an exception, 
it may make a particular thing as if never excepted ; as if 
a leafe be made of a rectory, excepting the parfonage- 
houfe, faving to the lefiee a chamber; this chamber not 
being excepted out of the leafe, [hall pafs by the leafe of 
the reCtory. Owen, 20. 
By exception of trees, the foil is not excepted, but only 
fufficient nutriment for the trees : for the leflee (hall have 
the pafture growing under them, though the leffor (hall 
2 
have all the benefit of the trees, mad, fruit, See. and the 
trees are parcel of the inheritance. 5 Rep. 11. But it has 
been adjudged, that, by an exception of woods, under¬ 
wood and coppices, the foil of the coppices is excepted. 
Cro. Jac. 487. If a ledee for years affign over his term, 
excepting the trees, &c. the exception is not good ; be¬ 
caufe no one can have a fpecial property in the trees, but 
the owner of the land. 2 Nelf. 764. Though where ledee 
for life makes a leafe for years excepting the wood, &c. 
this may be a good exception, although he hath not any 
intereft in it but as a ledee, in regard he is chargeable in 
wafte, &c. and hath not granted his whole term. 1 Lill. 
Abr. 560. Thefe exceptions are commonly in leafes for 
life and years ; and muft be always of a thing in ejfe. 
Co. Lit. 47. 
EXCEPTIONABLE, adj. Liable to objection.—The 
only piece of pleafantry in Milton is where the evil 
fpirits rally the angels upon the fuccefs of their artil¬ 
lery : this paflage I look upon to be the mod exceptionable 
in the whole poem. Addifon. 
EXCEP'TIOUS, adj. Peevifti; froward ; full of ob¬ 
jections ; quarrelfome.—They are fo fupercilious, (harp, 
troublefome, fierce, and exceptions , that they are not only 
fiiort of the true character of friendfliip, but become the 
very fores of fociety. South. 
EXCEPTIVE, adj. Including an exception.— Excep¬ 
tive propofitions will make complex fyllogifms, as, None 
but phylicians came to the confultation : the nurfe is no 
phyfician, therefore the nurfe came not to the confulta¬ 
tion. Watts. 
EXCEPT'LESS, adj. Omitting or negleCting all ex¬ 
ception ; general; univerfal. This is not in ufe .- 
Forgive my gen’ral and exceptlcfs rafhnefs, 
Perpetual fober gods! I do proclaim 
One honed man. Shakefpcare. 
EXCEPTOR, f. ObjeCtor ; one that makes excep¬ 
tions.—The exceptor makes a reflection upon the impro¬ 
priety of thofe expredions. Burnet. 
EXCE'REBRATED, adj. [from ex, out of, and cer- 
brum, Lat. the brain.] Having the brains dallied out. Scott. 
EXCEREBRATION, J'. [from ex, out of, and cere¬ 
brum, Lat. the brain.] The aCt of beating out the brains. 
Scott. 
EXCEREBRO'SE, adj. [from excerebrofus, Lat.] Brain- 
fick, wanting brains. Scott. 
To EXCE'RN, v. a. \_cxcerno, Lat.] To (train out ; to 
feparate or emit by (trainers ; to fend out by excretion.— 
Exercife firft fendeth nouriftiment into the parts ; and fe- 
condly, helpeth to excern by fweat, and fo maketli the 
parts adimilate. Bacon. 
EXCERPTION, f. [excerptio, Lat.] The aCt ofglean- 
ing; feieCting.—The thing gleaned or feleCted.—Times 
have confumed his works, faving fome few excerptions. 
Raleigh. 
EXCE'SS, f. \_excejfus, Lat.] More than enough ; faulty 
fuperfluity.—Goodnefs anfwers to the theological virtue 
charity, and admits no txcefs but error: the defire of 
power in cxcefs caufed the angels to fall ; the defire of 
knowledge in excefs caufed man to fall ; but in charity 
there is no excefs, neither can angel of man come in dan¬ 
ger by it. Bacon. —Exuberance ; date of exceeding ; com¬ 
parative exuberance : 
Let the fuperflous and luft-dieted man. 
That braves your ordinances, feel your power quickly ; 
So diftribution ftiall undo excefs, 
And each man have enough. Shakcfpeare. 
Intemperance; unreafonable indulgence in meat and drink. 
—There will be need of temperance in diet ; for the 
body, once heavy with cxcefs and forfeits, hangs plum¬ 
mets on the nobler parts. Duppa. —Violence of paflion.— 
Tranfgreffion of due limits.—Hofpitality fometimes dege¬ 
nerates into profufenefs ; even parfimony itfelf, which 
fits but ill upon a publick figure, is yet the more pardon¬ 
able excefs of the two. Atterbury. 
EXCES'SIVE, 
