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D E V 
i3 (as it fccms though with a fmall grammatical inaccu¬ 
racy) the right of the demandant, the only one exprelsly 
mentioned in the pleadings; or elfe denies his own right 
to be fuch, as is fuggefted by the count of the demand¬ 
ant. And in writs of right the tenant always comes and 
defends the right of the demandant and his feifin, jus 
prtedicli S. et fdjinam ipfius, (Co. Entr. 182,) or elfe the 
feifin of his anceftor, upon which he counts, as the cafe 
may be, and' the demandant may reply, that the tenant 
unjudly defends (i.e. denies) his, the demandant’s right, 
and the feifin on which he counts. All which is extreme¬ 
ly clear, if we underhand by defence an oppofition or de¬ 
nial, but it is otherwife inexplicably difficult. The true 
reafon of this, fays Booth, unaccountably', I could never 
yet find. Booth on Real Ad. 94, 11 2. 
The courts were formerly very nice and curious with 
refpeft to the nature of the defence, fo that if no defence 
was made, though a fufficient plea was- pleaded, the 
plaintiff diould recover judgment. Co. Lit. 127. And 
therefore the book Lntitled Nova Narrationcs, or The New 
Talys, at the end of almod every count, narratio, or 
tale, fubjoins fuch defence as is proper for the defendant 
to make. For a general defence or denial was not pru¬ 
dent in every fituation, lince thereby the propriety of the 
writ, the competency of the plaintiff, and the cognizance 
of the court, were allowed. By defending the force and 
injury, the defendant waved all pleas of mifnomer; by 
defending the damages, all exceptions to the' perfon of 
the plaintiff; and by defending either one or the other 
when and where it diould behove him, he acknowledged 
the jurifdiftion of the court. But of late years thefe 
niceties have been difcountenanced ; though they dill 
feem to be law, if infilled on. 3 Comm. 296-8. A defend¬ 
ant cannot plead any plea, before he hath made a defence ; 
though this mud not be intended abfolutely, for in a 
fcirefacias, a defence is never made. 3 Lev. 182. 
To DEFEN'CE, v. a. [ dejbfus, Lat.] To defend by 
fortification; notinufe: 
Tite city itfelf he drongly fortifies, 
Three lides by fix it well defenced has. Fairfax. 
DEFEN'CSLESS, adj. Naked ; unarmed ; unguard¬ 
ed ; not provided with defence; unprepared : 
Captain or colonel, or knight in arms, 
Whofe chance on thefe dcfencelefs doors may feize. 
Guard them, and him within protect from harms. Milton. 
Impotent; unable to make refidance : 
Will fuch a multitude of men employ 
Their drength againd a weak defcncelefs boy ? Addifon . 
To DEFE'ND, v. a. [ defendo , Lat. defendre, Fr.] To 
ftand in defence of; to protect; to fupport.—Deliver me 
from mine enemies, O my God: defend me from them 
that rife up againd me. Pfalrn lix. 1. 
Heav’n defend your fouls, that you think 
I will your ferious and great bufinefs fcant, Shakefpeare. 
To vindicate; to uphold; to aflerf; to maintain.—The 
queen on the throne, by God’s aflidance, is able to defend 
herlelf againd all her majedy’s enemies and allies put to¬ 
gether. Sxvift. —To fortify ; to lecure.—A village near 
it was defended by the river. Clarendon. 
And here th’ accefs a gloomy grove defends , 
And here th’ unnavigable lake extends. Dryden. 
To prohibit; to forbid: [ defendre , Fr.]—The ufe of wine 
is little praftifed, and in fome places defended by cuftoms' 
or laws. Temple. 
O fons! like one of us man is become, • 
To know both good and evil, fince liis tade ' 
Of that defended fruit. Milton. 
To maintain a place, or caufe, againd thofe that attack it: 
Let me be foremod to defend Tie throne, 
And guard my father’s glories and my own. Pope. 
D E F 
So hqve I feen two rival wits contend, 
One brifldy charge, one gravely w'ife defend: Smith. 
To keep off': 
And all the margent round about was fett 
With fiiady laurell trees, thence to defend 
The funny beanies, which on the billows belt. Spenfr. 
But his approach 
Darknefs defends between till morning watch. Milton. 
DEFEND'ABLE, adj. That may be defended. 
' DEFEND'ANT, adj. [from defendo, 'Lat.] Defenfive; 
fit for defence: 
Line and new repair our towns of war 
With men of courage, and with means defendant. Sliakefp'. 
DEFEND'ANT,/. He that defends againd affailantsi 
—Thofe high towers, out of which the Romans might 
more conveniently fight with the defendants on the will), 
thofe alfo were broke by Archimedes’ engines. Wilkins. 
—[In law.] The perfon accufed or fued.—Plaintiff dog, 
and bear defendant. Hudihras. 
This is the day appointed for the combat, 
And ready are th’ appellant and defendant. Shakefpeare. 
DEFEND'ER,/ [ dfenfor , Lat.] One that defends; 
a champion : 
Do’d thou not mourn our pow’r employ’d in vain, 
And the defenders of our city (lain ? Dryden. 
An affertor; a vindicator.—Undoubtedly there is noway 
fo effeflual to betray the truth, as to procure it a weak. 
defender. South. —[In law.] An advocate; one that de¬ 
fends another in a court of judice. 
DEFEND'ER of the FAITH, I fidei defenfor, Lat.] 
A religious title belonging to the kings of England ; as 
Catholic, to the kings of Spain ; and Mofl Chrifiian, to the 
kings of France. Thefe titles were originally given by 
the popes of Rome ; and that of Defenjor Fidei, was fil'd 
conferred by pope Leo the Tenth, on our king Henry the 
Eighth, as a reward for writing againd Martin Luther; 
and the bull for it bears date ijuinto Idas OElob. 1521. Her¬ 
bert's Hijl. Hen. VIII. 105. Yet the pope, on king Henry’& 
fupprefiing the houfes of religion, at the time of the re¬ 
formation, not only fentenced him to be deprived of this 
title, but depofed alfo from his crown ; though in the 
thirty-fifth year of his reign this title was confirmed by 
parliament; and hath continued to be ufed by all Suc¬ 
ceeding kings to this day. Lex Confitutionis, 47. 
DEFENER A'TION, f. \_de, of, and feenero, Lat. to 
lend upon ulury.] The aft of lending money on ufury; 
the aft of taking up money on ufury. Little vfed. 
DEFENESTR A'TION, f. (de, from, and fenefra, Lat. 
a window.] The aft of throwing any thing out at the 
window. Little ufed, 
DEFENSA'TIVE,/. Guard; defence.—If the biffiop 
has no other defenfatives but excommunication, no other 
power but that of the keys, he may furrender up his 
padoral daff. South. —[In furgery.] A bandage, plader, 
or the like, ufed to fecure a wound from outward violence. 
DEFEN'SIBLE, adj) That may be defended.—Hav¬ 
ing often heard Venice reprefented as one of the mod de- 
fenfible cities in the world, I informed myfelf in what its 
drength confids. /diU/w.—Juftifiabie; right; capable of 
vindication.—I conceive it very defenfible to difarm an 
adverlary, and difable him from doing mifehief. Collier. 
DEFEN'SIVE, adj. [defnff Fr. from dfendens, Lat.] 
That ferves to defend; proper for defence; not offen- 
five.—My unpreparednefs for war teftifies for me that I 
am fet on the defenfive part. King Charles. 
Dfenfve arms lay by, as.ufelefs here, 
Where mafly balls the neighbouring rocks do tear. Waller » 
In a date or podure of defence : 
What dood, recoil’d, 
Defenfive fcarce, or with pale fear furpris’d, 
Fled ignominious. Miltosi. 
DEFEN'SIVEj 
