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On this page: Exceptio – Excubiae – Excubitores – Exedra – Exegetae

480

EXEGETAE.

well as priests, were considered as belonging to the gods. No consecrated place whatever could be applied for any profane purpose, or dedicated to any other divinity than that to which it originally belonged, without being previously exaugurated ; and priests could not give up their sacred func­tions, or (in case they were obliged to live in celi­bacy) enter into matrimony, without first under­going the process of exauguratio. (Gellius, vi. 7. 4 ; Jul. Capitol. M. Anton. Pkilos. c. 4.) [L. S.]

EXCEPTIO. [AcTio.]

EXCUBIAE. [castra, p. 250.]

EXCUBITORES, which properly means watch­men or sentinels of any kind (Caes. Bell. Gall. vii. 69), was the name more particularly given to the soldiers of the cohort who guarded the palace of the Roman emperor. (Suet. Ner. 8, Oth. 6.) Their commanding officer was called tribunus ex-cuUtor. (Suet. Claud. 42, Ner. 9.) When the emperor went to an entertainment at the house of another person, the excubitores appear to have ac­companied him, and to have kept guard as in his own palace. (Suet. Otli. 4.)

EXEDRA (e|e8pa), which properly signifies a seat out of doors, came to be used for a chamber furnished with seats, and opening into a portico, where people met to enjoy conversation ; such as the room which Vitruvius describes as opening on to the peristyle of the gynaeconitis of a Greek house [domus], and as the rooms attached to a gymna­sium, which were used for the lectures and dis­putations of the rhetoricians and philosophers. [gymnasium.] The former class of eoeedrae Vitruvius indeed calls by another name, namely irapaffTds or TratTTtis, but the word e£e§pa occurs in Euripides (Orest. 1449) in this sense, and Pollux mentions the words e£efy>cu and TracrrdSes as synonymous (vii. 122). In this sense the word might be translated parlour.

In old Greek the word Aecrx?? appears to have had a similar meaning ; but the ordinary use of the word is for a larger and more public place of resort than the e£e'5pa. [lesche.] •

Among the Romans the word had a wider meaning, answering to both the Greek terms, cj-edpa and \ecr)(ri. Thus it is not only used to signify a chamber for ordinary resort and conversation in a private house, or in the public baths and gymnasia open to the sun and air, (Vitruv. v. 11 ; vii. 9 ; Cic. Orat. iin 5, De Nat. Deor. i. 6 ; Varro, JR. R. iii. 5 ; Ulpian, Dig. ix. tit. 3, leg. 5) ; but the word is even applied to the hall attached to the theatre of Pompey, which was used as a place of meeting by the senate. (Pint. Brut. 14, 17). The diminutive exedrium also occurs. (Cic. ad Fam. vii. 23.) [P. S.]

EXEGETAE (e^Tjrcu, interpreters ; on this and other meanings of the word see Rhunken, ad Timaei Glossar. p. 109, &c.), is the name of the Eumolpidae, by which they were designated as the interpreters of the laws relating to religion and of the sacred rites. (Demosth. Euerg. p, 1160.) '[EuMOLFiDAE.] They were thus at Athens the only class of persons who, in some measure, resem­bled the Roman jurists ; but the laws, of which the sfyyyTai were the interpreters, were not written •but handed do\vn by tradition. Plutarch (TA.es. 25) applies the term to the whole order of the Eupatridae, though properly speaking it belonged only to certain members of their order, i. e. the «jSumolpidae. The Etymologicum'Mugn. (*. t*.)3 in

EXERCITORIA ACTIO.

accordance with the etymological meaning of the word, states, that it 'was applied to any interpreter of.laws, whether sacred or profane ; but we know that at Athens the name was principally applied to three members of the family of the Eumolpidae (Suidas, s. v.}, whose province it was to interpret the religious and ceremonial laws, the signs in the heavens, and the oracles ; whence Cicero (De Leg, ii. 27) calls them reliyionum interpretes. (Compare Pollux, viii. 124 and 188; Plato, Euthyphr. p. -4,d.) They had also to perform the public and private expiatory sacrifices, and were never appointed without the sanction of the Delphic oracle, whenca they were called nvOoxpyvrot. (Timaeus, Glossar. s. v. 3E|777??Tai: compare Meier, De Bonis Damnat. p. 7 ; Miiller, ad Aeschyl. Eumen. p. 162, &c.)

The name el^^Trjs was also applied to those persons who served as guides (cicerone) to the visitors in the most remarkable towns and places of Greece, who showed to strangers the curiosities of a place, and explained to them its history and antiquities. (Paus. i. 41. § 2.)

Respecting the e^yfiT^s of the laws of Lycur-gus at Sparta, see Miiller, Dor. iii. 11. 2. [L. S.] EXERCITO'RIA ACTIO, was an action granted by the edict against the exercitor navis. By the term navis was understood any vessel, whether used for the navigation of rivers, lakes, or the sea. The exercitor navis is the person to whom all the ship's gains and earnings (obventioncs et reditus) belong, whether he is the owner, or has, hired the ship (per aversionem) from the ownei1 for a time definite or indefinite. The magister navis is he who has the care and management of the ship, and was appointed ( praepositus) by the exercitor. The exercitor was bound generally by the contracts of the magister, who was his agent, but with this limitation, that the contract of the magister must be with reference to furthering the object for which he was appointed ; as, for instance, if he purchased things useful for the navigation of the ship, or entered into a contract or incurred expense for the ship's repairs, the exercitor was bound by such contract: the terms of the master's appointment (praepositio} accordingly determine the rights of third parties against the exercitor.. If the magister, being appointed to manage the ship and to use it for a particular purpose, used it for a different purpose, his employer was not bound by the contract. If there were several magistri, without any partition of their duties (non divisis officiis)., a contract with one was the same as a contract with all. If there were several exer-citores, who appointed a magister either out of their own number or not, they were severally an­swerable (in soliduni) for the contracts of the magister. The contracting party might have his action either against the exercitor or the magister, so long as the magister continued to be such.

A party might have an action ex delicto against an exercitor in respect of the act either of the magister or the sailors, but not on the contract of the sailors. If the magister substituted a person in his place, though he was forbidden to do so, the exercitor would still be bound by any proper con­tract of such person. .

The term Nauta properly applies to all persons

who are engaged in navigating a ship ; but in the

Praetor's Edict (Dig. 4. tit. 9. s.:l) the term Nauta

means Exercitor (qui navem exercet).

. (Dig. 14. tit 1 .; Peckius, in Tttt. Dig. et Cod,

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