HOM 
it signifies a sudden or casual meddling or 
contention ; bnt homicide by misadventure 
supposes no previous meddling or falling 
out. 
Murder is the highest crime against the 
law of nature, that a man is capable of com- 
mitting. It is when a man of sound memory, 
and at the age of discretion, unlawfully kills 
another person under the King’s peace 
with malice aforethought, either expressed 
by the party, or implied by the law, so as 
the party wounded or hurt, die of the wound 
or hurt within a year and a day, the whole 
day on which the hurt was done, being 
reckoned the first. 
By malice express, is meant a deliberate 
intention of doing any bodily harm to an- 
other, to do which, by law, a person is not 
authorized. And the evidences of such 
malice, must arise from external circum- 
stances discovering that inward intention ; 
as lying in wait, menacings, antecedent, 
former grudges, deliberate compassings, and 
the like, which are various, according to the 
variety of circumstances. Malice implied, 
is where a person voluntarily kills another, 
without any provocation. For in this case 
the law presumes the act to be malicious. 
If a man kill another, it should be intend- 
ed, prima facie, that he did it maliciously, 
unless he can make the contrary appear, by 
shewing that he did it on a sudden provoca- 
tion or the like. And when the law makes 
use of the term malice 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 ma- 
levolence to particulars ; for the law by the 
term malice, in this instance means, that 
the fact has been attended with such cir- 
cumstances, as are the ordinary symptoms 
of a wicked heart, regardless of social duty, 
and fatally bent upon mischief. 
The law so far abhors all duelling in cold 
blood, that not only the principal who 
actually 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 the countenance which they give 
to their principals in the execution of their 
purpose, by accompanying them therein, 
and being ready to bear a part with them. 
Also it seems agreed, that no breach of a 
man’s word or promise, no trespass either 
to land or goods, no affront by bare words 
or gestures, however false or malicious it 
may be, and aggravated with the most pro- 
HON 
yoking circumstances, will excuse him from 
being guilty of murder, who is so far trans- 
ported 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 hi6 
guard, if he kill him in pursuance of such as- 
sault, whether the person slain did at all 
tight in his defence or not. 
HOMINE replegiando, a writ to bail a 
man out of prison, now disused on account 
of the superior advantage of the habeas 
corpus. 
HOMO, man, in natural history is ranked 
by Linnaeus under the order Primates, 
which is characterized by having four cut- 
ting teeth in the upper and lower jaw, and 
two mamniEe in the breast. There are two 
species, 1. H. sapiens, including six va- 
rieties, viz. the wildman, four-footed, mute, 
hairy. 2. American, copper-coloured, cho- 
leric, erect. 3. European, fair, sanguine, 
brawny. 4. Asiatic, sooty, melancholy, ri- 
gid. 5. African, black, phlegmatic, relaxed. 
II. H. monstrosus, including, 1. The moun- 
taineer, small, active, timid. 2. Patagonian, 
large, indolent. 3. Hottentot, less fertile. 
4. American, beardless. 5. Chinese, head 
conic. 6. Canadian, head flattened. See 
Man. 
HOMOGENEOUS, or Homegeneal, 
an appellation given to things, the parts of 
which are similar or of the same nature and 
properties. 
Homogeneous light, that whose rays are 
all of one colour and degree of refrangibility, 
without any mixture of others. See the ar- 
ticle Colour. 
Homogeneous surds, those which have 
the same radical character, or signs, as 
v'' a, and $ h. See the article Surd. 
HOMOLOGOUS, in geometry, an ap- 
pellation given to the corresponding sides 
and angles of similar figures, as being pro- 
portional to each other. 
All similar figures Imve their like sides 
homologous, or proportional to one an- 
other : their areas also are homologous, or 
proportional to the squares of the like sides, 
and their solid contents are homologous or 
proportional to the cubes of the same. 
HONE, a fine kind of whetstone, used 
for setting razors, pen knives; and the like. 
HONEY, a vegetable product, very si- 
milar in its properties to sugar. It is found 
in large quantities in a number of vegeta- 
bles, is collected by the bee, and is ted 
upon by many insects. It is always formed 
in the flower, chiefly at the base of the 
