660 
D E V 
Concord, and thirty-five north-weft of Portfmouth. It 
was incorporated in 1766. 
DEER'ING, a townfhip of the American States, in 
Hillfborough bounty. New Hampftiire, incorporated in 
1774. It contains, by the cenfus, 928 inhabitants : fif¬ 
teen miles fouth-weft of Concord, and fifty-four miles 
weft of Portfmouth. 
DE ESSEN'DO QUIETUM DE TOLONIO,/. in 
law, a writ that lies for thofe who are by privilege free 
from the payment of toll, on their being molefted there¬ 
in. F. N. B. 226. 
DE EXPEN'SIS MILITUM,/. in law, a writ com¬ 
manding the fheriff to levy the expences of a knight of 
the fhire for attendance in parliament, being four (hillings 
per diem by ftatute ; and there is a like writ de expenfis ci- 
viitm dS burgenfium, to levy two (hillings per diem for the 
expences of every citizen and burgefs of parliament. 23 
Hen. VI. c. 14. 4 Injl. 46. 
To DEFA'CE, v.a. [ defaire , Fr. ] To deftroy; to raze; 
to ruin; to disfigure.—Pay him fix thoufand, and deface 
the bond. Shakfpeare. 
Whofe ftatues, freezes, columns, broken lie, 
And, though defac'd, the wonder of the eye. Dryden, 
[Figuratively, by Spcrfer .] To break, or infringe : 
But thou thy treafon’s fruit (I hope) (halt tafte 
Right four, and feele the law, the which thou haft de- 
fajle. Fairy Queen. 
DEFA'CEMENT, f. Violation; injury; rafure; abo¬ 
lition ; deftruCtion.—But what is this image, and how 
is it defaced ? The poor men of Lyons will tell you, that 
the image of God is purity, and the defacement fin. Bacon . 
DEFA'CER,y. Deftroyer; abolilher; violator: 
That foul defacer of God’s handywork 
Thy womb let loofe to chace us to our graves. Shakefp. 
To DEFAI'L, v. a. [from defalquer , Fr, in its old 
meaning of f/pprimer.’] To overcome: 
Which to withftand I boldly enter thus, 
And will defail , or elfe prove recreant. 
Machin's Dumb Knight. 
A note to this paffage (not the editor’s own) conftrues 
defail here in a fenfe direCtly oppofite to the context. 
Mafon’s Suppl. 
DEFAIL'ANCE, f. \_dcfalliance, Fr.] Failure; mif- 
carriage : not in ufe .—The affections were the authors of 
that unhappy dcfailance. Glanville. 
To DEFAL'CATE, v. a. [from falx, faids, a fickle ; 
defalquer, Fr.] To cut off; to lop ; to take away part of 
a penfion or lalary. It is generally ufed of money. 
DEFALCATION, f. Diminution; abatement; ex- 
cifion of any part of a cuftomary allowance.—The tea- 
table is fet forth with its cuftomary bill of fare, and with¬ 
out any defalcation. Addjon. 
To DEFA'LK, v. a. To cut off; to lop away.—What 
he defalks from fome inlipid fin, is but to make fome 
other more gnftful. Decay of Piety. 
DEFAMATION, f. The aft of defaming or bring¬ 
ing infamy upon another ; calumny; reproach; cenfure; 
detraction.—Many dark and intricate motives there are 
to detraction and defamation ; and many malicious fpies 
are fearching into the aCtions of a great man. Addifon, 
Be filent, and beware, if fuch you fee ; 
Tis defamation but to fay, that’s he. Dryden. 
DEFAMATION, f. in law, is when a perfonfpeaks 
fcandalous words of another, whereby they are injured 
in their reputation ; for which the party offending (hall 
be puni(hed according to the nature and quality of his 
offence; fometimes by aCtion on the cafe at common 
law, fometimes by ftatute, and fometimes by the eccle- 
ftaftical laws. Defamation is alfo pitnilhable by the fpi- 
ritual courts; in which courts it ought to have three 
incidents, viz. *. It is to concern matters fpiritual, and 
D E F 
determinable -in—the ecclefiaftical courts; as for calling 
a man heretic, fchifmatic, adulterer, fornicator, 8 cc. 2. 
That it be a matter fpiritual only ; for, if the defama¬ 
tion concern any thing determinable at the common law, 
the ecclefiaftical judges (hall not have conufance thereof. 
And, 3. Although fuch defamation be merely fpiritual, 
yet he that is defamed cannot fue for damages in the ec¬ 
clefiaftical courts ; but the fuit ought to be only for 
puniftnnent of the fault, by way of penance. Terms de Ley. 
DEFA'MATORY , adj. Calumnious; tending to de¬ 
fame ; unjuftly cenforious ; libellous ; falfely fatirical.__ 
The mod eminent fin is the fpreading of defamatory re¬ 
ports. Government of the Tongue. —Auguftus, confcious to 
himfelf of many crimes, made an edift againft lampoons 
and fatires, and defamatory writings. Dryden. 
To DEFA'ME, v. a. [Ee and fama, Lat.] To make in¬ 
famous ; to cenfure falfely in public ; to deprive of ho¬ 
nour; to difhonour by reports; to libel; to calumniate • 
to deftroy reputation by either aCts or words.—I heard 
the defaming of many. Jer. xx. ro.—They live as if they 
had profeffed Chriftianity merely in fpite, to defame it. 
Decay of Piety. 
My guilt thy growing virtues did defame'. 
My blacknefs blotted thy unblemifii’d name. Dryden . 
DEFA'ME, f Difgrace ; difhonour : not in ufe: 
Many doughty knights he in his days 
Had done to death, 
And hung their conquer’d arms for more defame 
On gallowtrees. " Spenfer. 
DEFA'MER, f. One that injures the reputation of 
another; a detractor; a calumniator.—It may be a ufe- 
ful trial of the patience of the defamed, yet the df&mer 
has not the lefs crime. Government of the Tongue. 
DEFA'TIGABLE, adj. Capable of being tired, lia¬ 
ble to be made weary. Scott. 
DEFA'TIGABLENESS,yi Aptnefs to be tired. Scott. 
To DEFA'TIGATE, v. a. [defatigo, Lat.] To weary; 
to tire.—The power of thefe men’s induftries, never </r- 
fatigated, hath been great. Maine. 
DEFATIGA'TION,yi [ defaligatio , Lat.] Wearinefsj 
fatigue. 
DEFAU'LT,/. \_defaut, Fr.] Omiffion of that which 
we ought to do; negleCt. Crime; failure; fault.—Par¬ 
tial judges we are of our own excellencies, and other 
men’s dfaults. Swift. 
Let me not rafhly call in doubt 
Divine prediction : what if all foretold 
Had been fulfill’d, but thro’ mine own default, 
Whom have I to complain of but myfelf ? Milton. 
Defied ; want.—In default of the king’s pay, the forces 
were laid upon the fubjeCt. Davies. 
To DEFAU'LT, v. n. To fail in performing any con¬ 
tract or ftipulation ; to forfeit by breaking a contract. 
To DEFAU'LT, v. a. To commit inadvertently: 
And pardon crav’d for his fo rafh default. 
That he ’gainft courtefie fo foully did default. Spenfer „ 
DE'FAULT, f. in law, is commonly taken for non- 
appearance in court, at a day aftigned ; though it ex¬ 
tends to any omiftion of that which we ought to do. Co. 
Lit. 259. If a plaintiff' makes default in appearance in a 
trial at law, he will be non-fuited; and where a defen¬ 
dant makes default, judgment (hall be had againft him 
by default. 
Tenant in tail, tenant in dower, by the curtefy, or for 
life, lofing their lands by default, in a pracipe quod reddat 
brought againft them, they are to have remedy by the 
writ quod ei deforciat, See. JVeJlm. 2. c. 4. And, in a quod 
ei deforciat, where the tenant joined iffue upon the mere 
right, and the jury appearing, the defendant made de¬ 
fault, it was adjudged that in fuch cafe final judgment 
Ihall be given; but, if the tenant had made default, it 
would be otherwife, for then a petit cape muft iffue agaipft 
