106 
EXE 
EX'ECRABLE, adj. [execrabilis, Latin.] Hateful; 
cetefhible ; accurfed ; abominable.—-Give ientence on 
this execrable wretch. Shakefpeare. 
When execrable Troy in allies lay, 
Through fires, and fwords, and feas, they forc’d their way. 
Dryd.cn. 
EX'ECRABLY, adv. Curfedly ; abominably : 
’Tis fufiian all, ’tis execrably bad ; 
But it they will be fools, mull you be mad ? Drydcn t 
lo EX'ECRATE, v. a. [execror , Latin.] To, curie; 
to imprecate ill upon ; to abominate.—Extinction of 
lome tyranny, by the indignation of a people^ makes way 
ior feme lorm contrary to that which they lately execrated 
and deiefted. Temple. 
EXE'CRATION, f. Curfe ; imprecation of evil.— 
T. he Indians, at naming the devil, did i'pit on the ground 
in token of execration. Stil/ingfect. 
To EXE'Cf, v.a. [execo, Lat.] To cut out; to cut 
away.—Were it not for theeffufion of blood which would 
follow an exedtion, the liver might not only be cxeEled, 
But its office fupplied by the fpleen and other parts. 
Harvey. 
EXECUTION,/. The udt of cutting out. 
To EX'ECUTE, ». a. [exequor , Latin.] To perform ; 
to pradtife.—Againft ail the gods of Egypt I will execute 
judgment. Exodus —To put in aft; to do what is plan¬ 
ned or determined.—Men may not devife laws, but are 
bound for ever to life and execute thofe which God hath 
delivered. Hooker .—To put to death according to form of 
jufiice ; to punifli capitally : 
T I yburn, could’fl thou reafon and difpute, 
Coula’ll thou but judge as well as execute, 
How often would’!! thou change the felon’s doom, 
And trufs fome item chief jufiice in his room. Drydcn. 
To put to death ; to kill : 
The treacherous FaftolfFe wounds my peace, 
Whom with ray bare flits 1 would execute, 
If i now had him, Shakefpeare. 
To EX'ECUTE, v. a. To perform the proper office.— 
The cannon againft St. Stephen’s gate executed fo well, 
that the portcullis and gate werebroken, and entry opened 
into the city. Sir J. Hayward. 
EX'ECUTER,y. He that performs or exectues any 
thing.—Sophocles, and Euripides, in their moft beauti¬ 
ful pieces, are impartial executers of poetic jufiice. Dennis. 
—He that is intrufied to perform the will of a tefiator. 
See Executor. 
EXECUTION, f. Performance ; practice.—When 
things are come to the execution, there is no lecrecy com¬ 
parable to celerity. Bacon. 
I 1 ike thy counRl ; and how well I like it, 
The execution of it (hall make known. Shakefpeare. 
Deftrudtion ; Daughter.—The execution had been too cruel, 
and far exceeding the bounds of ordinary hoftiiity. 
Hayward. 
Brave Macbeth, with his brandifii’d fieel, 
Which fmok’d with bloody execution, 
Carv’d out his paffage. Shakefpeare. 
If is ufed with the verb do. —When the tongue is the 
weapon, a man may firike where he cannot reach, and a 
word flia 11 do execution both further and deeper than the 
mightielt blow. South. 
EXECUTION, in law, denotes the laft fiage of a fuit, 
and gives poffeflion of any thing recovered by law. i Inf. 
289. In criminal convidtions, it implies'ihe final tentence 
of the law inflidted upon the offenders. Sir Edw. Coke, 
in his reports, makes two forts ot executions; one final, 
another with a quoufque, tending to an end : an execution 
final is that which makes money of the defendant’s 
goods, or extends his lands, and delivers them to the 
plaintiff, which he accepts in fatisfadtion, and is the end 
of the fuit, and all that the king’s writ requires to be 
done ; the other writ with, a quoufque, though it tendeth 
E X E 
to an end, is not final : as in cafe of a capias ad fatisfacicn 
dum, which is not a final execution, but the body of the 
party is to be taken, to the intent the plaintiff be fatisfied 
his debt, &c. and the imprifonment of the defendant not 
being abtolute, but only until he fatisfies the fame. 
6 Rep. 87. 
Execution, in the ufnal legal fenfe of the word, is a judi¬ 
cial writ grounded on the judgment of the court from 
whence it iffues : and is fuppofed to be granted by the 
court at the requeft of the party at whole fuit it is iffued, 
to give him fatisfadtion on the judgment which lie hath ob¬ 
tained : and therefore an execution cannot be (liedout in 
one court, upon a judgment obtained in another. ImpeyK. B . 
This execution, or putting the law in force, is performed 
m different manners according to the nature of the adtion 
upon which it is founded, and of the judgment which is 
had or recovered. If the plaintiff recovers in an adtion 
real or mixed, whereby the feifin or pofieflion of land is 
awarded to him, the writ of execution fliall be an Habere 
facias feifnain, or writ of feifin of a freehold ; or an Habere 
facias pojfefjioncm, or writ of polfellion of a chattel intereff. 
Finch L. 470. Thefe are writs directed to the flieriff of 
the county, commanding him to give adtual pofieflion to 
the plaintiff of the land fo recovered : in the execution of 
which flie llieriff may take with him tli e poje comitatus, or 
power of the county; and may jufiify breaking open doors, 
it the pofieflion be not quietly delivered. But if it be 
peaceably yielded up, the delivery of a twig, a turf, or 
the name of feifin, is fufficient execution of the writ. 
3 Comm. 412. 
Upon a prefentation to a benefice recovered in a quarre 
impedit, or affife of darrein prefentment, the execution is by 
a writ de clerico admittendo ; diredted not to the flieriff, but 
to the bifliop or archbilliop, and requiring him to admit 
and inffitnte the clerk of the plaintiff. In other actions, 
where the judgment is that fomething fpecial be done or 
rendered by the defendant, then in order to compel him 
fo to do, and to fee the judgment executed, a fpecial writ 
of execution iffues to the flieriff’according to the nature of 
the cafe. As upon an allife of nuifance or quod permittat 
profernere, where one part of the judgment is that the nui¬ 
fance be removed, a writ goes to the flieriff to abate it at 
the charge of the party ; which likewife iffues in caTe of 
an indidtment. Comb. 10. Upon a replevin the writ of 
execution is the writ de rctorno kabendo ; to have a return 
of the cattle diftrained ; and if the difirefs be eloigned, 
the defendant fliall have a capias in Withernam-, but on 
the plaintiff’s tendering the damages and lubmittingto a 
fine, the procefs fliall be flayed. 2 Leon. 174. In detinue, 
after judgment the plaintiff (hall have a dif ringas to com¬ 
pel the defendant to deliver the goods by repeated di£. 
treffes of his chattels: or elfe afire facias againft any 
third perfon in whofe hands they may happen to be ; and 
if the defendant (fill continuesobftinate, then (if the judg¬ 
ment be by default or on demurrer) the flieriff’ fliall fum- 
mon an inqueft to afeertain the value of the goods and the 
plaintiff’s damages : which fliall be levied on the perfon 
or goods of the defendant. So that after all, in replevin 
and detinue, the only adtions for recovering the fpecific 
poffeffion of perfonal chattels, if the wrong doer be very 
perverfe, he cannot be compelled to the reftitutmn of the 
identical thing taken or detained ; but he has ftill his 
eiedtion to deliver the goods or their value. Keilw. 64. 
Executions, in adlions where money only is recovered, 
as a debt or damages, are of five forts. 1. Againft the 
body of the defendant. 2. Againft his goods and chat¬ 
tels. 3. Againft his goods and the profits of his lands. 
4. Againft his goods and the poffclfton of his lands. 5. 
Againft all three, his body, lands, and goods. The firlt 
of thefe is by writ of capias adfatisfaciendum, to take and 
itnprilon the body ot the debtor till fatisfadtion be made 
for the debt, cofts, and damages. This writ is an execu¬ 
tion of the higheft nature, iiiafinuch as it deprives a man 
of his liberty till lie makes the fatisfadtion awarded ; and 
therefore when a man is once taken in execution upon this 
•writ. 
