D I S 
D I S 
rial to enable him to fupport or defend a fuit; he (hews 
no title to the. difcovery ; and confequently a demurrer 
to the bill for fuch purpofe will be allowed, i Vein. 204. 
The fituation of a defendant may render it improper 
for a court of equity to compel a difcovery, either be- 
'caufe the difcovery may fubject the defendant to pains 
and penalties, or to fome forfeiture, or fomething in the 
nature of a forfeiture ; or it may hazard his title in a cafe, 
where, in confcience, he has at lead an equal right with 
the perfon requiring the difcovery, though that right 
may not be clothed with a perfeCt legal title, It is a ge¬ 
neral rule that no one is bound to anl'wer fo as to fubjeCt 
himfelf to punifhment, in whatever manner that punifii- 
ment may arife ; as by pains and penalties, a criminal 
profecution, &c. or whatever may be the nature of the 
punifhment. 1 Eq. Ab. 131. 
But if the plaintiff alone is intitled to the penalties, 
and exprefsly waves them by his bill, the defendant (hall 
be compelled to make the difcovery ; for it can no longer 
I'ubjeCt him to a penalty. Vern.6o. And though a dif¬ 
covery may fubjeCt a defendant to penalties, to which 
the plaintiff is not entitled, and which confequently he 
cannot wave, yet if the defendant has exprefsly cove¬ 
nanted, not to plead or demur to the difcovery fought, 
which is the common cafe with refpect to fervants of the 
Eaft India company, he fhall be compelled to anfvver. 1 
Eq. Ab. 77. Where too a perfon by his own agreement 
fubjeCts himfelf to a payment in the nature of a penalty 
on his doing a particular adt, a demurrer to difcovery of 
thatadl will not be allowed. 
It feems however that a demurrer will be allowed to 
any difcovery which may tend to fhew the defendant 
guilty of any moral turpitude, as the birth of a child out 
of wedlock ; and a mother may, in fome cafes, be com¬ 
pelled to difcover where her child was born, though it 
may lead to prove the child an alien. 2 Vez. 287. A de¬ 
fendant may likewife demur to a bill which may fubjeCt 
him to any forfeiture of intereft ; as if a bill is brought 
to difcover whether a leafe has been affigned without 
licence ; or whether a defendant entitled during widow¬ 
hood, or liable to forfeiture of a legacy in cafe of mar¬ 
riage without confent, is married : or to difcover any mat¬ 
ter, which may fubjeCt a defendant, intitled to any office 
or franchife, to a quo warranto. Toth. 69. A defendant 
may in the fame manner demur to a difcovery, which 
may fubjedl him to any thing in the nature of a forfeiture ; 
as to a difcovery whether he w r as educated in the popiflt 
religion, by which he might incur the incapacities in 11 
& 12 Will. III. which 18 Geo. III. c. 60. does not entirely 
remove ; or whether a clergyman was prefented to a fe- 
cond living which avoided the firft. See 3 Atk. 457. 
To DISCOUN'SEL, v.a. To diffuade; to give con. 
trary advice. Obfolete. 
But him that palmer from that vanity 
With temperate advic <z difcounfelled. Spcnfer. 
DIS'COUNT, f. The fum refunded in a bargain.— 
His whole intention was, to buy a certain quantify of 
copper money from Wood, at a large difeount, and fell 
them as well as he could. Swift .—A dedudtion, according 
to the rate of intereft, from money advanced beforehand. 
To DISCOU'NT, v.a. To count back; to payback again: 
My father’s, mother’s, brother’s, death I pardon: 
My prayers and penance (hall difeount for thefe, 
And beg of heav’n to charge the bill on me. Dryden. 
To pay beforehand, deducting an equivalent for doing fo. 
To DIS’COUNT, v.n. To make a practice of advanc¬ 
ing money upon difeount. 
To DISCOUN'TEN ANCE, v.a. To difeourage by 
cold treatment.—The truly upright judge will always 
countenance right, and dfcountenance wrong. Atterbury .—, 
To abafh ; to put to Ihame : 
How would one look from his majeftic brow, 
Seated as on the top of virtue’s hill, 
Difeount' nance her defpis’d ! 
V Oh. V. No. 321. 
8^9 
DISCOUN'TEN ANCE, f. Cold treatment; unfa¬ 
vourable afpeCt; ynfr.iendly regard.—In expectation of 
the hour of judgment, he patiently bears all the difficul¬ 
ties of duly, and the difdMntcvance he meets with from a 
wicked and prophane world. Rogers. 
DISCOUN'TENANCER, f. One that difeourages by 
cold treatment; one that depreffes by unfriendly regard. 
—Rumours of fcandal and murmurs againft the king, and 
his government, taxed him for a great taxer of his people, 
and difeountenancer of his nobility. Bacon. 
To DISCOU'R, v.a. [ufed by Spenfer for rhyme’s, 
fake inftead of] To difcover : 
There Merlin ftay’d, 
As overcomen of the fpirit’s powre, 
Or other ghaftly fpeCtacle difmay’d, 
That fecretly he faw, yet n’ote dfeoure. Favy Queen. 
To DISCOU'RAGE, v.a. \_decourager , Fr.] To de- 
prefs ; to deprive of confidence ; to dejeCt; to daftardize. 
—I might neither encourage the rebel’s infolence, nor 
difeourage the proteftants loyalty and patience. King 
Charles .—To deter ; to fright from any attempt: with 
from before the thing.—Wherefore difeourage ye the heart 
of the children of Ifrael from going over into the land ? 
Numbers .—It is irregularly ufed by Temple with to before 
the following word.—You may keep your beauty and 
your health, unlefs you deftroy them yourfelf, or difeour¬ 
age them to ftay with you, by ufing them ill. Temple. 
DISCOU'RAGER,/. One that impreffes diffidence 
and terror.—Moft men in years, as they are generally 
difeouragers of youth, are like old trees, which, being pall 
bearing themfelves, will fuffer no young plants to flotu 
rifh beneath them. Pope. 
DISCOU'RAGEMENT,y. The aCl of deterring, or 
deprelling hope. Determent; that which deters from 
anything: with from .—Amongft other impediments of 
any inventions, it is none of the meaneft difcouragements, 
that they are fo generally derided by common opinion. 
Wilkins .—The books read at lchools and colleges are full 
of incitements to virtue, and difcouragements-from vice. 
Swift .—The caufe of depreflion, or fear: with fo, let's 
properly .—To things we would have them learn, the 
great and only difeouragement is, that they are called to 
them. Locke. 
DISCOU'RSE, f. [_difcours, Fr. difeurfus, Lat.] The 
aft of the underftanding, by which it paffes from pre- 
mifes to confequences.—The aft of the mind which con¬ 
nects propofitions, and deduceth concluftons from them, 
the fchools call difeourfe ; and we fhall not mifcall it, if 
we name it reafon. Glanville. 
Sure he that made 11s with fuch large difeourfe , 
Looking before and after, gave us not 
That capability and godlike reafon 
To ruft in us unus’d. Shakcfpeare. 
Converfation ; mutual intercourfe of language; talk. See 
the article Conversation, p. 149, of this volume.— 
He waxeth wifer than himfelf, more by an hour’s dif¬ 
eourfe, than by a day’s meditation. Bacon. 
The vanquifh’d party with the viCtors join’d, 
Nor wanted fvveet difeourfe, the banquet of the mind. 
Dryden. 
Effufion of language; fpeech.—Topical and fuperficial 
arguments, of which there is ftore to be found on both 
fides, filling the head with variety of thoughts, and the 
mouth with copious difeourfe, ferve only to amufe the 
underfta'nding and entertain company. Locke .—A treadle; 
a dilfertation either written or uttered.—The difeourfe 
here is about ideas, which, he lays, are real things, and 
feen in God. Locke .—[From dfcorfo, Ital. ] Traverfing to 
and fro : 
At laft the caitive, after long difeourfe 
When all his ftrokes he faw avoided quite, 
Refolv’d in one t’ affemble all his force. Spenfer. 
“ In too much Discourse truth is left.” The Ita. 
10 M lians 
Milton. 
