H O M 
By malice expressed, is meant a deliberate 
intention of doing any bodily harm to an- 
other, w hereunto by law a person is not 
authorized. 
And the evidences of such malice must 
arise from external circumstances discover- 
ing that inward intention ; as lying in wait, 
menacings antecedent, former grudges, de- 
liberate compassings and the like, which are 
various, according to the variety of circum- 
stances. 1 H • II. 451. 
Malice implied, is where a person volun- 
tary kills another, without any provocation ; 
for in this case the law presumes it to be 
malicious, and that he is a public enemy ot 
mankind. 1 H. H. 455. 
In general any formed design or doing 
mischief may be 'called malice ; and there- 
fore not such killing only as proceeds from 
premeditated hatred or revenge against the 
person killed, but also in many other cases, 
such as is accompanied with circumstances 
which shew the heart to be perversely wicked, 
is judged to be of malice prepense, or afore- 
thought, and consequently murder. 2 Haw. 
80. . . 
If a man kills another, it shall be intended 
prima facie that he did it maliciously, unless 
he makes the contrary appear, by shewing 
that he did it on a sudden provocation or the 
like. 1 Iiaw. 82. 
When the law makes use of the term ma- 
lice aforethought, as descriptive of the crime 
of murder, it must not be understood in that 
narrow restrained sense, to which the modern 
use of the word malice is apt to lead one, 
a principle of malevolence to particulars ; 
for the law by the term malice, in this in- 
stance, means, that the fact has been attended 
with such circumstances as are the ordinary 
symptoms of a wicked heart, regardless ot 
social duty, and fatally bent upon mischief. 
Fost. 250. 
The law so far abhors all duelling in cold 
blood, that not only the principal who actu- 
ally kills the other, but also his seconds are 
guilty of murder, whether they fought or 
not; and it is holden that the seconds of 
the person killed are also equally guilty, in 
respect to that countenance which they give 
to their principals in the execution ot their 
purpose, by accompanying them therein, 
and being ready to bear 'a part with them. I 
Haw. 82. 
Also it seems agreed, that no breach of a 
man’s word or promise, no trespass either to 
land or goods, no affront by hare words or 
gestures, however false or malicious it may 
be, and aggravated with the most provoking 
circumstances, will excuse him from being 
guilty of murder who is so far transported 
thereby, as immediately to attack the person 
who offends, in such a manner as manifestly 
endangers his life, without giving him time 
to put himself upon his guard, it he kills him 
in pursuance ot such assault, whether the 
person slain did at all tight in Ins deieuce or 
not. Id. 
HOMINE REPLEGIANDO, in law, is an 
antient writ that lies for bailing a person out 
of prison, where anyone is confined withput 
commandment of the king or his judges ; or 
for any cause that is repleviable. This writ 
is directed to the sheriff, commanding him to 
replevy the prisoner. In case a person takes 
away secretly, or keeps iu his custody any 
HON 
H O > 
Q23 
person against his will, on oath made (.here- 
of, and a petition to the lord chancellor, he 
will grant a writ of roplegiari facias, upon 
which the sheriff returns an elongatus, and 
then there issues a capias in withernam, 
to take the party so offending. 
HOMOGENEOUS Surds, those which 
have the same radical character, or signs, as 
V« and 2 \/b. 
HOMOLOGOUS, in geometry, an ap- 
pellation given to the corresponding sides 
and angles of similar figures, as being pro- 
portional to each other. 
Homologous things, in logic, those 
whicli agree in name, but are ot dillerent 
natures. 
HON EY, a saccharine substance prepared 
by the bees (see Avis). It has a white or 
yellowish colour, a soft and grained consist- 
ence, a saccharine and aromatic smell. By 
distillation it affords an acid phlegm and an 
oil, and its coal is light and spongy like that 
of the mucilage of plants. Nitric acid ex- 
tracts from it oxalic acid precisely as it does 
from sugar ; it is very soluble in water, with 
which it forms a syrup, and like sugar passes 
to the vinous fermentation. Mr. Cavezzali 
has proved lately that honey is composed of 
sugar, mucilage, and an acid. I he sugai 
may be separated by melting the honey, add- 
ing carbonat of lime in powder as long as 
any effervescence appears, and scumming 
the solution while hot. The liquid thus 
treated gradually deposits crystals ot sugar 
when allowed to remain in a glass vessel. 
There are three distinctions of honey, accord- 
ing to its purity, lluidity, and the manner in 
which it has been procured from the honey- 
combs. The first and finest kind is virgin- 
honey, or the first produce of a swarm, ob 
tainecl from the combs without pressing ; 
these being only set to drain, in order to its 
running out. i he second kind is that known 
by the name of white-honey, being thicker 
than the former, and often indeed almost 
solid ; it is procured by pressing the combs, 
but without the assistance of heat. The third 
and worst kind is the common yellow honey, 
obtained from the combs first heated over the 
fire, and then pressed. 
Honey-comb, a waxen structure, full of 
cells, framed by the bees, to deposit their 
honey and eggs in. 
The construction of the honey-comb seems 
one of the most surprising of the works ot 
insects, and the materials' of which it is com- 
posed, which, though evidently collected 
from the flowers of plants, yet do not, that 
we know of, exist in them in that state, has 
given great cause of speculation to the curi- 
ous. The regular structure of the comb is 
also equally wonderful. W hen the several 
cells in it are examined, it should seem that 
the nicest rules of geometry had been con- 
sulted for its composition, and all the advan- 
tages that could be wished, or desired, in a 
thing of that kind, are evidently found in it. 
Each cell consists of six plane sides, which 
are all trapeziums, but equal to each other; 
the bottom of the cell is contrived with three 
rhombuses, HKD I, D E F I, and F G H I, 
(plate Miscel. fig. 124) so disposed as to con- 
stitute a solid angle at I, under the three 
equal angles D I H, D I F, and II 1 1, each 
of which is double the maximum angle of 
54 ® 44' = D I K = D K I. Hence it comes 
to pass, that a less quantity of surface is suf- 
* 6 A 2 
fic.ient to contain a given quantity of honey, 
than if the bottom had been fiat, in the pro- 
portion of 4658 to 5550, as has been found 
by calculation; that is, nearly a fifth ot the 
whole, so far as the figure in the end of the 
cells extends, in each; which fifth part ot 
wax and labour saved, amounts to a vast 
deal iu the whole comb. The sides of the 
cells are all much thinner than the finest 
paper, and yet they are so strengthened by 
their disposition, that they are able to resist 
all the motions of the bee withiu them, as 
they are frequently obliged to be. M he ef- 
fect of their thrusting their bodies into the 
cells would be the bursting of those cells at 
the top, was not this well-guarded against. 
But to prevent this, the creatures extend a 
cord, or roll of wax, round the. verge of 
every cell, in such a manner that it is scarcely 
possible they should split in that particular 
part. This cord or ro 1 is at least three times 
as thick as the sides of the cell, and is even 
much thicker and stronger at the angles of 
the cells, than elsewhere, so that the aperture 
of each cell is not regularly hexagonal, 
though its inner cavity is perfectly so. Set* 
fig. 125. 
The several combs are all placed parallel 
to one another (fig. 126) and there is such a 
space left between them, that the bees can 
easily pass ; and often they place a part of 
the comb in a contrary direction to the rest, 
so that while the others are placed horizon- 
tally, these stand perpendicularly. 
The celerity w ith which a swarm of bees 
received into a hive, where they find them- 
selves lodged to their minds, bring their works 
of the combs to perfection is amazing. There 
are vast numbers at work all at once ; and 
that they may not incommode one another, 
they do not work upon the first comb till it is 
finished, but when the foundation of that is 
laid, they go to work upon another, so that 
there are often the beginnings of three or four 
stories made at once, and so many parties 
allotted to the carrying on the work of each. 
In a very few days a new swarm will have 
completed severa’l combs of the depth of 
four or five inches each. 
Honey-stone. See Mellite. 
HONOUR, is used for a seignory or lord- 
ship, on which inferior lordships and manors 
depend ; for as a manor consists of several 
lands, tenements, services, and customs, so 
an honour contains several manors, knighhs- 
fees, &c. 
Honour-courts, are courts held within 
the honours or seignories. 
Honour, maids of, are six young ladies 
in the houshold of the queen, and princess 
royal ; the salary of those of a queen are 300/. 
each, and those of the princess dowager of 
Wales, 200/. 
Honour-point, in heraldry, is that next 
above the centre of the escutcheon, dividing 
the upper part into two equal portions. 
HOOF, the horny substance that covers 
the feet of clivers animals, as oxen, horses, 
sheep, &c. See Horn. 
HOOPING-COUGH. See Medicine. 
HOP. See Humulus. 
HO PEA, a genus of the polyandria order, 
in the polyadelphia class of plants. The ca- 
lyx is quinquefid, superior ; the corolla pen- 
tapetalous ; the stamina are many, and coa- 
lited into five pencils; there rs one style; live 
