H O M 
murder, denominates it a new offence, called parva proditw, 
or petit treafon. And thus in the ancient Gothic confli- 
tution, we find the breach both of natural and civil rela¬ 
tions ranked in the fame clafs with crimes againff the 
ftate and l'overeign. 
Petit treafon, according to the Hat. 25 Edw. III. c. 2, 
may happen three ways; byja fervant killing his mailer, a 
wife her huiband, or an ecclefiaftical perfon his fuperior, 
to whom he owes faith and obedience. A fervant'who 
kiils his mailer whom he has left, upon a grudge con¬ 
ceived againff him during his fervice, is guilty of petit 
trealon, for the traiterous intention was hatched while the 
relation fubfifted between them, and this is only an exe¬ 
cution of that intention. 1 Hawk. P. C. 89. So if a wife 
be divorced a mcnfa ct thoro, ■ itill the vinculum matrimonii 
fubiifts ; and if flie kiils fuch divorced huiband, ihe is a 
traitrefs. 1 Hal. P. C. 381. A wife divorced caufa adulterii 
vcl faviiice, is Hill within this law, becaufe the bond of 
matrimony is not thereby diffolved, and flie may again 
lawfully cohabit with her hufband. But a divorce caufd 
confanguinitatis vcl pre.-contraB.us, entirely diffolves the nup¬ 
tial tie, and annihilates the very character of wife. There¬ 
fore a wife de faBo only, and not de jure, cannot commit 
this crime, for ihe has no lawful lord to whom ihe owes 
fubje&ion and obedience. Neither can a huiband be guilty 
of this crime by killing his wife de jure, for there is no 
reciprocity of obedience and fubjeftion. Leach's Hawk. P. 
C. i. c. 32!—The puniihment of petit treafon, in a man, 
is to be drawn and hanged, and in a woman was formerly 
to be drawn and burned; but which latter ientence is 
now changed to hanging, by Hat. 30 Geo. III. c. 48. 
HOMILET'ICAL, adj. Gr.} Social; con- 
verlible.—His life was holy, and, when he. had leifure for 
retirements, fevere : his virtues active chiefly, and homile- 
tica/y Attcrbury. 
HOM'ILIST, f. A writer of homilies. 
HOM'ILY, J. [homilie , Fr. ou.Oaa., Gi\] A dilcourfe 
read to a congregation.— Homilies were a third kind of 
readings ufual in former times ; a mofl commendable in- 
ftitution, as well then to fupply the calual, as. now the ne- 
celfary, defeft of fermons. Hooker. —If we lurvey the homi¬ 
lies of the ancient church, we fhall difcern that, upon fes¬ 
tival days, the Cub] ect of the homily was conltantly the bu- 
finefs of the day. Hammond. 
Photius dillinguifhes homily from fermon ; in that the 
homily was performed in a more familiar manner, the pre¬ 
late interrogating and talking to the people, and they in 
their turn anfwering and interrogating him, fo that it was 
properly a converfation; whereas the fermon was delivered 
with more form, and in the pulpit, after the manner of 
the orators. The practice of compiling homilies, which 
were to be committed to memory, and recited by igno¬ 
rant or indolent prielts, commenced towards the dole of 
the 8th century ; when Charlemagne ordered Paulus Dea- 
conus and Alcuinus to form homilies or difcourles upo.n 
the Gofpels and Epiflles, from the ancient doctors of the 
church. This gaveaife to that famous collection entitled 
the Homiliarium of Charlemagne. There are Hill extant fe- 
veral fine homilies, compoled by the ancient fathers, par¬ 
ticularly St. ChryfoHom and St. Gregory. 
HOM'INE capto in withernamium. A writ to take 
him that hath taken any bondman or woman, and led him 
or her out of the country, fo that he or Ihe cannot be re¬ 
plevied according to law. Reg. Orig. 79. 
HOM'INE ELICENDO AD CUSTODIENDAM TECIAM SI- 
gilli pro mercatorieus editi. A writ directed to’a 
.corporation, for the choice of a new perfon to keep one 
part of the feal appointed for Hatute merchants, when a 
former is dead, according to the Hatute of Adon-Burnel. 
Reg. Orig. 178. 
HOM'INE replegiando. A' writ to bail a man out 
of prilon. This writ lies where a perfon is in prifon, (not 
by fpecial commandment of the king, or his judges, or 
for any crime or caufe irreplevilabie), direded to the (he¬ 
ll O M 2GS 
riff, to caufe him to be replevied ; in the fame manner that 
chattels taken in diHrefs may be replevied ; and if the 
■perfon be conveyed out of the (heriff’s jurifdidion, he 
may return, that the defendant hath efloined the plaintiff’s 
body, fo that he cannot deliver him ; then the plaintiff 
(ball have a capias in withernam to* take'the defendant’s 
body, and keep him without bail or mainprize till he pro¬ 
duces the party. 3 Rlackf. Comm. 129. c. 8. And if the (lie- 
riff return non cjl inventus in that writ againff: the body, the 
plaintiff (hall have a capias againff the defendant’s goods, 
See. New. Nat. Br. 151. This writ is now fel'dpm ufed to 
deliver a perfon-out of cuffody, being fuperfeded by. the- 
more beneficial effects of the writ of Habeas Corpus, which 
fee in vol. ix. p. 146. 
KOM'INES, f. A term anciently applied to a fort of 
feudatory tenants, who claimed a privilege of having their 
caufes and perfons tried only in the court of their lord ; 
and when Gerard de Cahv.il, anno 5 R. 1, was charged 
with treafon and othe'r mi ('demeanors, he pleaded that lie 
was Homo comitis Johannis, &c. and would Hand to the law 
and juffice of his court. Parock. Antiq. 152. 
HOM'ME, a river of the duchy or Luxemburg, which 
runs into a lake near Rochefort. 
HOM'MEDAL, a town of Norway, in the dioesfe of 
Chriffianfand: nineteen miles north-north-eaff of Chrif- 
tianland. 
HOMNO'NA, a town of Hungary: fourteen miles 
north-eaff of Matusfalva. 
HO'MO, [from humus,- Lat. the earth, of which man is 
faid to be compounded; or from 0Gr. together, be- 
caule man is the moff fociable of beings ; or from oyo;, 
lik.e, becaufe he was made in the image of God ; or pro-' 
bably from cm choma, Syr. a general name for the animal 
race.] Man; in which term woman is alfo included. See 
the article Man. He is placed by Linnaeus at the head 
ot the order of Primates, in his clafs Mammalia, which 
fee. 
HOMOCEN'TRIC, adj. The fame as Concentric. 
IIOMODRO'MUS Vediis, in mechanics, a lever in which 
the weight and power are both on the fame lide of the 
fulcrum, as in the lever of the fecond and third kind; 
being fo called becaufe here the weight and power move 
both in the fame dire&ion, whereas in the heterodromus 
they move in oppofite directions. 
HOMCEOMER'ICAL PRINCIPLES, in philofophy, 
certain principles, which, according to Anaxagoras, are in 
all mixed bodies. 
HOMCEOM'ER Y,f. [ homceomeria, Lat. of oyoioye^x, Gr.] 
Likenefs of parts. 
HOMOGE'NEAL, or Homogeneous, adj. [ homo¬ 
gene, Fr. 0 yoyevo;, Gr.] Having the fame nature or prin¬ 
ciples; fuitable to each other.—Ice is a limilary body, 
and homogeneous concretion, whole material is properly 
water. Brown. —The light, whole rays are all alike refran¬ 
gible, I call Ample, homogeneal, and fimilar: and that, 
whole rays are fome more refrangible than others, I call 
compound, heterogeneal, and diflirniiar. Newton. 
HOMOGE'NEALNESS, Homogeneity, or Homo- 
ge'neousness, f. [from homogeneous, or homogeneal. ] Par¬ 
ticipation of the fame principles or nature ; limilitude of 
kind.—The mixtures acquire a greater degree of fluidity 
and fimilarity, or homogeneity of parts. Arbuthnot. 
HOMO'GENY, f. [ oyoyena,, Gr.] Joint nature. Not. 
ufed. —By the driving back of the principal lpirits, which 
preferve the confidence of the body, their government is 
diffolved, and every part returneth to his nature or homo- 
geny. Bacon. 
HOMOL'OGOUS, adj. [homologue, Fr. oyo\oyoq, Gr.] 
Having the fame manner or proportions 
HOMON'GYNOS, one of the names of Jupiter. 
HOMONY^MOUS, adj. \Jwmonyme, Fr. ayumyot;, Gr.] 
Denominating different things ; equivocal; ambiguous.— 
As words fignifying the fame thing are called lynony- 
mous, lo equivocal words, or thole which (ignify leveral 
things, 
