E X C 
but if lefiee for life of one acre, give another acre to his 
lelfor in tail, in exchange for a releafe from him of that 
acre, habendum in tail in like manner, it is a good exchange. 
Perk. 283. In cafe two perfons make an exchange of land, 
and limit no eftate; each (hull have an eftate for life, by 
implication ; but if anexprefs eftate be limited to one for 
life, and none to the other, it will be void. 19 Hen. VI. 
c. 27. And to make a good exchange, both the things 
rnuft be in ejfe at the time of the exchange. Co. Lit. 50. 
3 Ed-o. IV. c. 10. But an exchange may be made to take 
e fie ft in futu.ro , as well as prefently ; for if it be, that after 
the feaft of Eafter A. B. thall have fuch lands in D. in 
exchange for his lands in S. this is good. Perk. 265. 
EXCHANGE or CHURCH LIVINGS. Thefe ex¬ 
changes are now feldom ufed, except that parfons fome- 
times exchange their churches, and refign them into the 
bifhop’s hands: and this is not a perfeft exchange till the 
parties are indufted ; for if either dies before they both 
are indufted, the exchange is void. Wood’s Injl. 284.. By 
31 Eliz. c. 6, if any incumbent of any benefice with cure 
of fouls, fliall corruptly refign or exchange the fame; or 
corruptly take for or in any rel'peft of the refigning or 
exchanging the fame, direftly or indireftly, any penfion, 
fum of money, or other benefit whatfoev'er; as well the 
giver as the taker fliall lofe double the value of the fum; 
half to the crown, and half to him that fliall fue for the 
fame. If two parfons by one inftrument agree to exchange 
their benefices, and in order thereto refign them into the 
hands of the ordinary, fuch exchange being executed on 
both parts, is good; and each may enjoy the other’s living: 
but the patrons nnift prefent them again to each living; 
and if they refufe to do it, or the ordinary will not admit 
them refpeftively, then the exchange is not executed; and 
in fuch cafe either clerk may return to his former living, 
even though one of them fliould be admitted, inftituted, 
and indufted, to the benefice of the other; which is ex- 
prefled in the exchange itfelf, and the proteftation ufually 
added to it. Rol. Abr. 814. 
EXCHAN'GER, f. One who praftifes exchange.— 
Whilft bullion may be had for a fmall price more than 
the weight of our current cafii, thefe exchangers generally 
cliofe rather to buy bullion than run the rifk of melting 
down our coin, which is criminal by the law. Locke. 
EXCHE'AT, /. See Escheat. 
EXCHE'QUER, f. [efehequier , Norman French ; fchac- 
carium, low Latin; from fchat%, German, a treafure.] An 
ancient court of record, wherein all caufeS touching the 
revenue atid rights of the crown are heard and determined ; 
and where the revenues of the crown are received. Cam¬ 
den faith, this court took its name a tabula ad quam ajji- 
debant , the cloth which covered it being party-coloured, 
or chequered: we had it from the Normans, as appears 
by the Grand Cuftoinary, c. 56, where it is deferibed to 
be an afiembly of high juAiders, to whom it appertained 
to amend that which the inferior jufticiers had mifdone, 
and unadvifedly judged, and to do right to all as from 
the prince’s mouth ; and this feems the origin of the court 
of exchequer-chamber. 
The court of exchequer is inferior in rank, not only to 
the court of king’s bench, but to the common pleas alfo ; 
it is a very ancient court of record, fet up by William the 
Conqueror, as a part of the aula regia , though regulated 
and reduced to its prefent order by Edward I. and in¬ 
tended principally to order the revenues of the crown, and 
to recover the king’s debts and duties. It confifts of two 
divifions : the receipt of the exchequer, which manages 
the royal revenue, and the court or judicial part of ft ; 
which is again lubdivided into a court of equity, and a 
court of common law. The court of equity is held in the 
exchequer-chamber before the lord treafurer, the chan¬ 
cellor of the exchequer, the chief baron, and three pidfne 
barons, d hefe Mr. Selden conjeftures to have been an¬ 
ciently made out of fuch as were barons of the kingdom 
or parliamentary barons, and'thence to have derived their 
name; which conjefture receives great ftrength from 
E X C 9?) 
Brafton’s Explanation of Magna Charta, c. 14, which di- 
refts that the earls and barons be amerced by their peers; 
that is, fays he, by the barons of the exchequer. 
The primary and original bulinefs of this court is to call 
the king’s debtors to account, by bill filed by the attorney 
general; and to recover any lands, tenements, or heredi¬ 
taments, any goods, chattels, or other profits or benefits, 
belonging to the crown. So that by their.original con- 
ftitution the jurifdiftion of the courts of common pleas, 
king’s bench, and exchequer, was entirely feparate and 
difiinft: the common pleas being intended to decide all 
controver.fies between fubjeft and fubjeft; the king’s 
bench to correft all crimes and mifdemeanors that amount 
to a breach of the king’s peace; and the exchequer to 
adjuft and recover the king’s revenue. But as, by a 
fiftion, almoft all forts of civil aftiens are now allowed to 
be brought in the king’s bench, in like manner, by ano¬ 
ther fiftion, all kinds of perfonal fuits may be profecuted 
in the court of exchequer, l or as all the officers and 
minifters of this court have, like ihofe of other fuperior 
courts, the privilege of fuingand being .fued only in their 
own court, fo alfo the'king’s debtors and farmers^md all 
accomptants of the exchequer, are privileged to fue and 
implead all manner of perfons in the fame court of equity 
that they themfelves are called into. They have likewife 
privilege to fue and implead one another, or any ftranger, 
in the fame kind of common-law aftions (where the per- 
fonalty only is concerned) as are profecuted in the court 
of common pleas. This gives origin to the common-law 
part of their jurifdiftion; which was eftablilhed merely 
for the benefit of the king’s accomptants; and is exercifed 
by the barons only of the exchequer, and not the treafurer 
or chancellor. The writ upon which all proceedings here 
are grounded is called a quo minus: in which the plaintiff 
fuggefis that he is the king’s farmer or debtor, and that 
the defendant hath done him the injury or damage com¬ 
plained of; quo tninus fufficiens exijlit (by which he is the 
lefs able) to pay the king hi debt or rent. And thefe 
fuits are exprefsly directed, by what is called the ftatute 
of Rutland, 10 Edzu. I. c. 11, to be confined to fuch mat¬ 
ters only, as Ipecially concern the king or his minifters of 
the exchequer. And by the articulifuper cartas, 28 Edzo. I. 
c. 4, it is enafted, that no common pleas be thenceforth 
holden in the exchequer, contrary to the form of the great 
charter. But now, by the fuggeftion of privilege, any 
perfon may be admitted to fue in the exchequer, as well 
as the king’s accomptant.. The furmife of being debtor 
to the king, is therefore become matter of form and mere 
words of courfe, and the court is open to all the nation 
equally. The fame holds with regard to the equity fide ot 
the court: for there any perfon may file a bill againft ano¬ 
ther upon a bare fuggeftion that he is the king’s accompt¬ 
ant ; but whether he is fo, or not, is never controverted. 
In this court, on the equity fide, the clergy have long 
ufed to exhibit their bills for the non-payment of tithes, 
in which cafe the furmife of being the king’s debtor is no 
fiftion, they being bound to pay him their firft fruits, and 
annual tenths. But the chancery has of late .years obtained 
a large fliare in this bufinefs. An appeal front the equity 
fide of this court lies immediately to the houfe of peers; 
but from the common-law fide, in purfuance of the ftatute 
31 Edward III. c. 12, a writ of error mu ft be firft brought 
into the court of exchequer-chamber. And from the de¬ 
termination there had, there lies in the dernier rej'ort a writ 
of error to the houfe of lords. Some perfons think there 
was an exchequer under the Anglo-Saxon kings ; but our 
beft hiftorians are of opinion, that it was erefted by king 
William the Firft, its model being taken from the traift- 
marine exchequer, eftablilhed in Normandy long before 
that time. 
The exchequer has been commonly held at Weftminfter, 
the ufual place of the king’s refidence; but it hath been 
fometimes holden at other places, as the king pleafed ; 
as at Winchefter, See. And in the exchequer there are 
reckoned leven courtSj viz, the court of pleas; the court 
of 
