he pleaded his cause was styled patronus;

Qui defendit alterum in judicio, aut patronus dicitur, si orator est; aut advocatus si aut jus suggerit, aut præsentiam suam commodat amico.' ASCONIUS IN CIC. A pleader, from plea or excuse, signifies one who brings forward pleas in favor of him that is accused. These terms are now employed more in a general than a technical sense, which brings them into still closer alliance with each other. A defender attempts to keep off the threatened injury by rebutting the attack of another: an advocate states that which is to the advantage of the person or thing advocated: a pleader throws in pleas and extenuations; he blends entreaty with argument. Oppressed or accused persons and disputed opinions require defenders; But the time was now come when Warburton was to change his opinion, and Pope was to find a defender in him who had contributed so much to the exaltation of his rival.' JOHNSON. That which falls in with the humors of men will always have advocates; It is said that some endeavours were used to incense the queen against Savage, but he found advocates to obviate at least part of their effect.' JOHNSON. The unfortunate and the guilty require pleaders;

6

to; watch and wake, through the medium of the northern languages, are derived from the Latin vigil watchful, vigeo to flourish, and the Greek άyáλλw to exult or be in spirits.

Guard seems to include in it the idea of both defend and watch, inasmuch as one aims to keep off danger, by personal efforts; guard comprehends the signification of defend, inasmuch as one employs one's powers to keep off the danger. Guard comprehends the idea of watch, inasmuch as one employs one's eyes to detect the danger; one defends and watches, therefore, when one guards; but one does not always guard when one defends or watches.

To defend is employed in a case of actual attack; to guard is to defend by preventing the attack: the soldier guards the palace of the king in time of peace; Fix'd on defence, the Trojans are not slow

To guard their shore from an expected foe. DRYDEN.

He defends the power and kingdom of his prince in time of war, or the person of the king in the field of battle;

Forthwith on all sides to his aid was run,
By angels many and strong, who interpos'd
Defence. MILTON.

One guards in cases where resistance is requisite, and attack is threatened; one watches in cases where an unresisting enemy is apprehended: soldiers or armed men are employed to guard those who are in custody; children are set to watch the corn which is threatened by the birds: hence it is that those are termed guards who surround the person of the monarch, and those are termed watchmen who are employed by night, to watch for thieves and give the alarm, rather than make any attack.

In the improper application they have a similar sense: modesty guards female honor; it enables her to present a bold front to the daring violator; Modesty is not only an ornament, but also a guard to virtue.' ADDISON. Clothing defends against the inclemency of the weather;

And here th' access a gloomy grove defends,
And here th' unnavigable lake extends.

DRYDEN.

Watching is frequently employed not merely to prevent an external evil, but also for the attainment of some object of desire; thus a person watches an opportunity to escape, or watches the countenance of another;

But see the well-plum'd hearse comes nodding on,
Stately and slow, and properly attended
By the whole sable tribe, that painful watch
The sick man's door, and live upon the dead. Blair.

The love of his subjects is the king's greatest safeguard; walls are no defence against an enraged multitude; it is necessary for every man to set a watch upon his lips, lest he suffer that to escape from him of which he may afterwards repent.

GUARD, SENTINEL.

These terms are employed to designate those who are employed for the protection of either persons or things; but the sentinel, in French sentinelle, is properly a species of guard, namely, a military guard in the time of a campaign: any one may be set as guard over property, who is empowered to keep off every intruder by force; but the sentinel acts in the army as the watch in the police, rather to observe the motions of the enemy, than to repel any force;

Fast as he could, he sighing quits the walls, And thus descending on the guards he calls. POPE. One of the sentinels who stood on the stage to prevent disorder, burst into tears.' STEELE. In the moral acceptation of the terms the guard acts in ordinary cases, where there is no immediate danger, but the sentinel where one is surrounded with danger; 6 Conscience is the sentinel of virtue.' JOHNSON.

TO GUARD AGAINST, TAKE HEEĎ. Both these terms simply express care on the part of the agent; but the former is used with regard to external or internal evils, the latter only with regard to internal or mental evils: in an enemy's country it is essential to be particularly on one's guard, for fear of a surprise; in difficult matters, where we are liable to err, it is of importance to take heed lest we run from one extreme to another: young men, on their entrance into life, cannot be too much on their guard against associating with those who would lead them into expensive pleasures; One would take more than ordinary care to guard oneself against this particular imperfection (changeableness), because it is that which our nature very strongly inclines us to.' ADDISON. In slippery paths, whether physically or morally understood, it is necessary to take heed how we go; Take heed of that dreadful tribunal where it will not be enough to say that I thought this or I heard that.' SOUTH.

GUARD, GUARDIAN.

These words are derived from the verb to guard (v. To guard); but they have acquired a distinct office.

Guard is used either in the literal or figurative sense; guardian only in the improper sense. Guard is applied either to persons or things; guardian only to persons. In application to persons, the guard is temporary; the guardian is fixed and permanent: the guard only guards against external evils; the guardian takes upon him the office of parent, counsellor, and director: when a house is in danger of being attacked, a person may sit up as a guard; when the parent is dead, the guardian supplies his place: we expect from a guard nothing but human assistance; but from our guardian angel we may expect supernatural assistance;

Him Hermes to Achilles shall convey,

Guard of his life, and partner of his way. POPE. Ye guides and guardians of our Argive race! Come all! let gen'rous rage your arms employ, And save Patroclus from the dogs of Troy. POPE. In an extended application they preserve a similar distinction; He must be trusted to his own conduct, since there cannot always be a guard upon him, except what you put into his own mind by good principles.' LOCKE. It then becomes the common concern of all that have truth at heart, and more especially of those who are the appointed guardians of the Christian faith, to be upon the watch against seducers.' WATERLAND.

TO APOLOGIZE, DEFEND, JUSTIFY, EXCULPATE, EXCUSE, PLEAD. Apologize, from the French apologie, Greek άñоλογία, and ἀπολογέομαι, compounded of ἀπὸ from or away, and Aéy to speak, signifies to do away by speaking; defend, in French defendre, Latin defendo, compounded of de and fendo, signifies to keep or ward off; justify, in French justifier, Latin justifico, compounded of justus and facio, signifies to make or set right, that is, to set one's self right with others; exculpate, in Latin exculpatus, participle of exculpo, compounded of ex and culpa, signifies to get out of a fault; excuse, in French excuser, Latin excuso, compounded of ex and causa, signifies to get out of any cause or affair; plead, in French plaider, may either come from placitum or placendum, or be contracted from appellatum.

There is always some imperfection supposed or real which gives rise to an apology; * with regard to persons it presupposes a consciousness of impropriety, if not of guilt; we apologize for an error by acknowledging ourselves guilty of it: a defence presupposes a consciousness of innocence more or less; we defend ourselves against a charge by proving its fallacy: a justification is founded on the conviction not only of entire innocence, but of strict propriety; we justify our conduct against any imputation by proving that it was blameless: exculpation rests on the conviction of innocence with regard to the fact; we exculpate ourselves from all blame by proving that we took no part in the transaction: excuse and plea are not grounded on any idea of innocence; they are rather appeals for

favor resting on some collateral circumstance which serves to extenuate; a plea is frequently an idle or unfounded excuse, a frivolous attempt to lessen displeasure; we excuse ourselves for a neglect by alleging indisposition; we plead for forgiveness by solicitation and entreaty.

An apology mostly respects the conduct of individuals with regard to each other as equals, it is a voluntary act springing out of a regard to decorum, or the good opinion of others. To avoid misunderstandings it is necessary to apologize for any omission that wears the appearance of neglect. A defence respects matters of higher importance; the violation of laws or public morals; judicial questions decided in a court, or matters of opinion which are offered to the decision of the public: no one defends himself, but he whose conduct or opinions are called in question. A justification is applicable to all moral cases in common life, whether of a serious nature or otherwise: it is the act of individuals towards each other according to their different stations: no one can demand a justification from another without a sufficient authority, and no one will attempt to justify himself to another whose authority he does not acknowledge: men justify themselves either on principles of honour, or from the less creditable motive of concealing their imperfections from the observation and censure of others. culpation is the act of an inferior, it respects the violations of duty towards a superior; it is dictated by necessity, and seldom the offspring of any higher motive than the desire to screen one's self from punishment: exculpation regards offences only of commission; excuse is employed for those of omission as well as commission: we excuse ourselves oftener for what we have not done, than for what we have done; it is

An ex

the act of persons in all stations, and arises from various motives dishonourable or otherwise: a person may often have substantial reasons to excuse himself from doing a thing, or for not having done it; an excuse may likewise sometimes be the refuge of idleness and selfishness. To plead is properly a judicial act, and extended in its sense to the ordinary concerns of life; it is mostly employed for the benefit of others, rather than ourselves.

Excuse and plea, which are mostly employed in an unfavorable sense, are to apology, defence, and exculpation, as the means to an end: an apology is lame when, instead of an honest confession of an unintentional error, an idle attempt is made at justification: a defence is poor when it does not contain sufficient to invalidate the charge: a justification is nugatory when it applies to conduct altogether wrong: an excuse or a plea is frivolous or idle, which turns upon some falsehood, misrepresentation, or irrelevant point. There are some men who are contented to be the apologists for the vices of others; But for this practice (detraction), however vile, some have dared to apologize by contending that the report by which they injured an absent character was true.' HAWKESWORTH. No man should hold precepts secretly which he is not prepared to defend openly; Attacked by

6

great injuries, the man of mild and gentle spirit will feel what human nature feels, and will defend and resent as his duty allows him.' BLAIR. It is a habit with some people contracted in early life (to justify themselves on every occasion, from a reluctance which they feel to acknowledge themselves in an error;

Whatever private views and passions plead,

No cause can justify so black a deed. THOMSON. When several are involved in a general charge each seeks to exculpate himself; A good child will not seek to exculpate herself at the expence of the most. revered characters.' RICHARDSON. A plea of incapacity is often set up to excuse remissness, which is in fact but the refuge of idleness and indolence; The strength of the passions will never be accepted as an excuse for complying with them.' SPECTATOR. It is the boast of Englishmen that, in their courts of judicature, the poor man's plea will be heard with as much attention as that of his rich neighbour; Poverty on this occasion pleads her cause very notably, and represents to her old landlord that should she be driven out of the country, all their trades, arts, and sciences would be driven out with her.' ADDISON.

TO EXCUSE, PARDON.

exempting him from blame; we pardon (from the We excuse (v. To apologize) a person or thing by prepositive par or per and dono to give) by giving up or not insisting on the punishment of another for his offence.

We excuse a small fault, we pardon a great fault : pardon that which offends against morals: we may we excuse that which personally affects ourselves; we excuse as equals; we can pardon only as superiors. We exercise good nature in excusing: we exercise generosity or mercy in pardoning. Friends excuse

each other for the unintentional omission of formalities;

I will not quarrel with a slight mistake
Such as our nature's frailty may excuse.

ROSCOMMON.

VENIAL, PARDONABLE.

Venial, from the Latin venia pardon or indulgence, is applied to what may be tolerated without express disparagement to the individual, or direct censure; but the pardonable is that which may only escape severe censure, but cannot be allowed; garrulity is a venial offence in old age; Whilst the clergy are employed

in extirpating mortal sins, I should be glad to rally the world out of indecencies and venial transgressions.' CUMBERLAND. Levity in youth is pardonable in single instances; The weaknesses of Elizabeth were not confined to that period of life when they are more pardonable.' ROBERTSON.

TO EXONERATE, EXCULPATE. Exonerate, from onus a burthen, signifies literally to take off a burthen, either physically, as in the sense of relieving the body from a burthen;

This tyrant God, the belly! Take that from us
With all its bestial appetites, and man,
Exonerated man, shall be all soul. CUMBERLAND.

Or in the moral application of relieving from the burthen of a charge or of guilt; to exculpate, from culpa a fault or blame, is to throw off the blame the first is the act of another; the second is one's own act: we exonerate him upon whom a charge has lain, or who has the load of guilt; we exculpate ourselves when there is any danger of being blamed: circumstances may sometimes tend to exonerate; the explanation of some person is requisite to exculpate: in a case of dishonesty the absence of an individual at the moment when the act was committed will altogether exonerate him from suspicion; it is fruitless for any one to attempt to exculpate himself from the charge of faithlessness who is detected in conniving at the dishonesty of others; By this fond and easy acceptance of exculpatory comment, Pope testified that he had not intentionally attacked religion.' JOHNSON.

TO EXTENUATE, PALLIATE.

Extenuate, from the Latin tenuis thin, small, signifies literally to make small; palliate, in Latin palliatus, participle of pallio, from pallium a cloak, signifies to throw a cloak over a thing so that it may not be seen.

These terms are both applicable to the moral conduct, and express the act of lessening the guilt of any impropriety. To extenuate is simply to lessen guilt without reference to the means: to palliate is to lessen it by means of art. To extenuate is rather the effect of circumstances: to palliate is the direct effort of an individual. Ignorance in the offender may serve as an extenuation of his guilt, although not of his offence; Savage endeavoured to extenuate the fact (of having killed Sinclair), by urging the suddenness of the whole action.' JOHNSON. It is but a poor palliation of a man's guilt, to say that his crimes have not been attended with the mischief which they were calculated to produce; Mons. St. Evremond has endeavoured to palliate the superstitions of the Roman Catholic religion.' ADDISON.

6

TO ABSOLVE, ACQUIT, CLEAR. Absolve, in Latin absolvo, is compounded of ab from and solvo to loose, signifying to loose from that with which one is bound; acquit, in French acquitter, is compounded of the intensive syllable ac or ad, and quit, quitter, in Latin quietus quiet, signifying to make easy by the removal of a charge; to clear is to make clear.

These three words convey an important distinction between the act of the Creator and the creature.

To absolve is the free act of an omnipotent and merciful being towards sinners; to acquit is the act of an earthly tribunal towards supposed offenders; by absolution we are released from the bondage of sin, and placed in a state of favor with God; by an acquittal we are released from the charge of guilt, and reinstated in the good estimation of our fellow creatures.

Absolution is obtained not from our own merits, but the atoning merits of a Redeemer; acquittal is an act of justice due to the innocence of the individual. Absolution is the work of God only; by him alone it can be made known to the penitent offender;

Yet to be secret makes not sin the less;
"Tis only hidden from the vulgar view,
Maintains indeed the reverence due to princes,
But not absolves the conscience from the crime.
DRYDEN.

Acquittal is the work of man only; by him alone it is pronounced; The fault of Mr. Savage was rather negligence than ingratitude; but Sir Richard Steele must likewise be acquitted of severity; for who is there that can patiently bear contempt from one whom he has relieved and supported?' JOHNSON.

Although but few individuals may have occasion for acquittal; yet we all stand in daily and hourly need of absolution at the hands of our Creator and Redeemer.

One is absolved (v. To absolve) from an oath, acquitted of a charge, and cleared from actual guilt, that is, made clearly free.

No one can absolve from an oath but he to whom the oath is made; no one can acquit another of a charge but he who has the right of substantiating the charge; yet any one may clear himself or another from guilt, or the suspicion of guilt, who has adequate proofs of innocence to allege.

The Pope has assumed to himself the right of absolving subjects at pleasure from their oath of allegiance to their sovereign; but as an oath is made to God only, it must be his immediate act to cancel the obligation which binds men's consciences;