D E P 
Debt upon bond for performance of an award, made for 
payment of money ; if the defendant plead performance, 
and the plaintiff having applied and afligned a breach of 
non-payment, &c. the defendant rejoins that he is ready 
to pay the money at the day, &c. this is a departure from 
his plea; for performance is payment of the money; and 
payment, and ready to pay, are different iffues. 4 Leon. 
79. In debt upon bond for non-performance of an award ; 
the defendant pleads that the award was, that he ffiould 
reieafe all l'uits to the plaintiff, which he had done; the 
plaintiff replies that fuch an award was made, but that 
the award was further, that the defendant fhould pay to 
the plaintiff fuch a fum, See. the defendant rejoins that 
true it is, that by the award he was to pay the plaintiff 
the faid fum, but that the award was alfo, that the plain¬ 
tiff Ihould reieafe to the defendant all actions, &c. which 
he had not done ; on demurrer this was held a departure 
from the plea, being all new matter. 2 Bulji. 39. After 
nullumfeccrunt arbitrium, the defendant cannot plead that 
the award is void, without being a departure from the 
former plea: and if where nul ticl agard is pleaded, then 
the award is fet forth, and a joinder that it was not ten¬ 
dered, it is a departure. Lut. 385. 
A departure muft be always from fomething that is 
material; or it will not be allowed : if in trefpafs for 
taking goods, the plaintiff reply, that after the taking, 
the defendant converted them to his own ufe, this being 
an abufe, makes a trefpafs ; and the converfion is either 
trover or trefpafs, at the plaintiff’s eleftion, fo that by his 
replication he may make it trefpafs, and be no departure. 
1 Salk. 221. In circumftances of time, &c. laid as to 
promifes, the plaintiff is not tied to a precife day ; for, if 
the defendant, by his plea, force the plaintiff to vary, it 
is no departure from his declaration. 1 Nelf. 640. And if 
another place be mentioned in the replication, in action 
of debt; as this is a perfonal thing, it is no departure, 
becaufe he who is indebted to another in one place, is fo 
in every place. If new matter which explains or forti¬ 
fies the bar be rejoined by the defendant, it is not a de¬ 
parture. Co. Lit. 304 a. A departure being a denial of 
what is before admitted, is a faying and unfaying, and for 
that an ilfue cannot be joined upon it, it is bad for the 
incertainty. 1 Lil. 444. 
DEPART'URE,yi in navigation, is the eading or well¬ 
ing of a Ihip, with regard to the meridian (lie departed or 
failed from. Or, it is the difference in longitude, either 
ealt or weft, between the prefent meridian the (hip is un¬ 
der, and that where the laft reckoning or obfervation was 
made. This departure, any where but under the equa¬ 
tor, muft be accounted according to the number of miles 
in a degree proper to the parallel the (hip is in. See 
Navigation. 
DEPAS'CENT, adj. \_depafcens, Lat. ] Feeding. 
To DEPAS'TURE, v. a. [from depafeor, Lat.] To eat 
up ; to confume by feeding upon it.'—They keep their 
cattle, and live themfelves, in bodies pafturing upon the 
mountains, and removing (fill to frefti land, as they have 
depajlured the former. Spenfer. 
To DEPAS'TURE, v. n. To feed.—If a man takes 
in a horfe or other cattle to graze, and depajlure in his 
grounds, &c. Blackjlcne. 
DEPA'TY, a rock near the fouth coaft of the ifland 
of Copland, in the north channel of the Irilh Sea. 
To DEPAU'PERATE, v. a. \_depaupero, Lat.] To 
make poor; to impoverilh ; to confume.—Liming does 
not depauperate ; the ground will laft long, and bear large 
grain. Mortimer. —Great evacuations, which carry oft' the 
nutritious humours, depauperate the blood. Arbuthnot. 
DEPAUPERA'TION, f. A making poor. Bailey. 
DEPEC'TIBLE, adj. [from depcSlo, Lat.] Tough; 
clammy; tenacious ; capable of being extended.—It may 
be alfo, that fome bodies have a kind of lentor, and are 
of a more depeClible nature than oil, as we fee it evident 
in coloration; for a fmall quantity of faffron will tindt 
more than a very great quantity of brafil or wine. Bacon. 
Vql, V, No. 310. 
D E P 733 
DEPECUL A'TION, f. A robbing of the prince or 
commonwealth ; an embezzling of the public treafure. 
Bailey. 
DEPE'CULATOR,/! One that robs the public; one 
that embezzles the public money. 
To DEPE'INCT, v.a. [ depeindre, Fr.] To depaint; 
to paint; to deferibe in colours. A word of Spcrfr: 
The red rofe medlied with the white y ferej 
In either cheek depeinElcn lively here. Spenfer. 
DEPEN'CILLED, part. adj. Not much ifed. Drawn 
out with a pencil. Scott. 
To DEPE'ND, v. n. \_depcndco, Lat.] To hang from : 
From the frozen beard. 
Long ificles depend, and crackling founds are heard. Dryd. 
To be in a date influenced by fome external catife ; to 
live fubjeft to the will of others : with upon. —Never be 
without money, nor depend upon the curtefy of others, 
which may fail at a pinch. Bacon. 
We work by wit, and not by witchcraft ; 
And wit depends on dilatory time. Shakcfpcare. 
To be in a (fate of dependance; to retain to others : 
Be then defir’d 
Of fifty to difquantity your train ; 
And the remainders, that (hall (till depend, 
To be fuch men as may befort your age. Shakcfpeare. 
To be connected with any thing, as with its caufe, or 
fomething previous.—The peace and happinefs of a fo- 
ciety depend on the juftice and fidelity, the temperance 
and charity, of its members. Rogers. —To be in fufpenfe; 
to be yet undetermined.—By no means be you perfuaded 
to interpofe yourfelf in any catife depending, or like to be 
depending, in any court, of juftice. Bacon. 
The judge corrupt, the long depending caufe, 
And doubtful ilfue of mifeonftrued laws. Prior. 
To Depend upon. To rely on ; to truft to ; to reft upon 
with confidence ; to be certain of.—1 am a ftranger to 
your characters, further than as common fame reports 
them, which is not to be depended upon. Szvift. 
But if you’re rough, and ufe him like a dog, 
Depend upon it—he’ll remain incog. Addifn. 
DF.PEND'ANCE, or Dependancy, /. The ftate of 
hanging down from a fupporter. Something hanging 
upon another : 
On a neighb’ring tree defeending light, 
Like a large clufter of black grapes they (how, 
And make a long dependance from the bough. Dryden. 
Concatenation; connexion ; relation of one thing to ano¬ 
ther.—In all forts of reafoning, the connexion and de¬ 
pendance of ideas Ihould be followed, till the mind is 
brought to the fotirce on which it bottoms. Locke. —State 
of being at the difpofal or under the fovereignty of ano¬ 
ther: with upon.' —Every moment we feel our dependance 
upon God, and find that we can neither be happy with¬ 
out him, nor think ourfelves fo. Tillotfon. —The things 
or perfons of which any man has the dominion or difpo- 
fal.—The fecond natural divifion of power, is of fuch 
men who have acquired large polfeflions, and confequent- 
ly dependancies ; or defeend from anceftors who have left 
them great inheritances. Szvift. —Reliance ; truft ; con¬ 
fidence.—Their dependancies on him were drowned in this 
conceit. Hooker. 
They flept in peace by night, 
Secure of bread, a: of returning light; 
And with fuch firm dependance on the. day, 
That need grew pamper’d, and forgot to pray. Dryden . 
Accident; that of which the exiftence prefuppofes the 
exiftence of fomething elfe.—Modes I call fuch complex 
ideas, which, however compounded, contain not in them 
the fuppofition of fubfifting by themfelves, but are con- 
fidered as dependancies on, or affections of, fubftances ; 
9 A fuch 
