force by the death of the party attempting. But we must not carry this doctrine to the fame length that Mr Locke does; who holds, "that all man. ner of force without right upon a man's perfon, puts him in a state of war with the aggreffor; and, of confequence, that, being in such a state of war, he may lawfully kill him that puts him under this unnatural restraint." However juft this conclufion may be in a state of uncivilized nature, yet the law of England, like that of every other well regulated community, is too tender of the public peace, too careful of the lives of the subject, to adopt fo contentious a fyftem; nor will it fuffer with impunity any crime to be prevented by death, unlefs the fame, if committed, would alfo be punished by death. In these inftances of justifiable homicide, it may be obferved, that the flayer is in no kind of fault whatsoever, not even in the minutest degree; and is therefore to be totally acquitted and discharged, with commendation rather than blame. But that is not quite the cafe in excufable homicide, the very name whereof imports fome fault, fome error, or omiflion; fo trivial, however, that the law excufes it from the guilt of felony, though in ftrictness it judges it deferving of fome little degree of punishment. See § I.

* HOMICIDAL. adj. [from homicide.] Murderous; bloody.

The troop forth iffuing from the dark recess, With bomicidal rage, the king oppress.

Pope. * HOMILETICAL. adj. [oμiantinos.] Social; converfible.-His life was holy, and when he had leifure for retirements, fevere: his virtues active chiefly, and homiletical; not those lazy fullen ones of the cloyfter. Atterbury.

the officers endeavouring to difperfe the mob are juftifiable in killing them, both at common law, and by the riot act, i Geo. I. c. 5. 4. Where the prifoners in a gaol, or going to a gaol, affault the gaoler or officer, and he in his defence kills any of them, it is juftifiable, for the fake of preventing an efcape. 5. If trefpaffers in forefts, parks, chafes, or warrens, will not furrender themselves to the keepers, they may be flain; by virtue of the ftatute 21 Edward I. ftat. 2. de malefactoribus in parcis, and 3 and 4 W. and M. c. 10. But, in all thefe cafes, there must be an apparent neceffity on the office's fide; viz. that the party could not be arrefted or apprehended, the riot could not be fuppreffed, the prifoners could not be kept in hold, the deer-ftealers could not but escape, unlefs fuch homicide were committed; otherwife, without such absolute neceffity, it is not justifiable. 6. If the champions in a trial by battle killed either of them the other, such homicide was justifiable, and was imputed to the juft judgment of God, who was thereby prefumed to have decided in favour of the truth. iii. In the next place, fuch homicide as is committed for the prevention of any forcible and atrocious crime, is juftifiable by the law of nature; and alfo by the law of England, as it stood fo early as the time of Bracton, and as it is fince declared by ftat. 24. H. VIII. c. 5. If any perfon attempts a robbery cr murder of another, or atte pts to break open a house in the night-time (which extends alfo to an attempt to burn it), and fhall be killed in fuch attempt, the flayer fhall be acquitted and discharged. This reaches not to any crime unaccompanied with force, as picking of pockets; or to the break ing open of any houfe in the day-time, unless it carries with it an attempt of robbery alfo. So the Jewish law, which punished no theft with death, makes homicide only juftifiable in cafe of noturnal houfe-breaking: " if a thief be found breaking up, and he be fmitten that he die, no blood fhall be fhed for him; but if the fun be rifen upon him, there fhall blood be thed for him; for he fhould have made full reftitution." At Athens, if any theft was committed by night, it was lawful to kill the criminal, if taken in the fact; and by the Roman law of the XII tables, a thief might be flain by night with impunity, or even by day, if he armed himself with any dangerous weapon: which amounts very nearly to the fame as is permitted by our conftitution. The Roman law alfo juftifies homicide, when committed in defence of the chastity either of one's felf or relations: and fo alfo, according to Selden, ftood the law in the Jewish republic. The English law likewife juftifies a woman killing one who attempts to ravish her: and fo too the husband or father may be jus tified in killing a man who attempts a rape upon his wife or daughter; but not if he takes them in adultery by confent; for the one is forcible and felonious, but not the other. And there is no doubt but the forcibly attempting a crime, of a ftill more deteftable nature, may be equally refifted by the death of the unnatural aggreffor. For the one uniform principle that runs through our own, and all other laws, feems to be this: That where a crime, in itself capital, is endeavoured to be committed by force, it is lawful to repel that

(1.) * HOMILY. n. f. (bomilie, French: .] A difcourfe read to a congregation.-Homilies were a third kind of readings ufual in former times; a most commendable inftitution, as well then to fupply the cafual, as now the neceffary defect of fermons. Hooker.-What tedious bomily of love have you wearied your parishioners withal, and never cried, have patience, good people! Shakespeare's As you like it. If we furvey the homilies of the anci ent church we fhall discern that, upon festival days, the fubject of the homily was conftantly the bufinefs of the day. Hammond's Fundamentals.

(2.) HOMILY [from it, an affembly.] is a fermon upon fome point of religion, delivered in a plain manner, fo as to be eafily understood by the people. The Greek homily, fays M. Fleury, fignifies a familiar difcourfe, like the Latin ferme; and difcourfes delivered in the church were fo named, to intimate, that they were not harangues or matters of oftentation and flourish, like thofe of profane orators, but familiar and useful difcourfes, as of a matter to his disciples, or a father to his children. All the homilies of the Greek and Latin fathers are compofed by bishops. We have none of Tertullian, Clemens Alexandrinus, and many other learned perfons; because, in the firft ages, none but bishops were admitted to preach. The privilege was not ordinarily allowed to priests till toward the sth century. St Chryfoftom was the first prefbyter that preached statedly. Origen and St Auguftine also preached; but it was by a peculiar licence. Photius diftinguishes HOMILY from SERMON, in that the homily was performed in a

ge.

much more propriety, arranged under the g nus Simia. See SIMIA. Mankind, though ori ginally sprung from one pair, vary much from dif ference of climate, education, and habits. Hence the following varieties are enumerated by Linna us; viz Wild men, Americans, Europeans, Afla tics, Africans, and Monters. See § 1-6. I. HOMINES AFRI, AFRICANS. "Of black complexion,phlegmatic temperament, and relaxed fibre."-The hair is black and frizzly; the fkin foft and filky; the nofe flat; the lips are thick; and the female has long lax breafts. They are of craf ty, indolent, and careless difpofitions, and govern ed in their actions by caprice.-Anoint the skin with grease.

2. HOMINES AMERICANI, AMERICANS. "Of copper-coloured complexion, choleric conftitution, and remarkably erect." Their hair is black, lank, and coarse; their noftrils are wide; their features barth, and the chin is fcantily fupplied with beard. Are obftinate in their tempers, free and fatisfied with their condition; and are regulated in all their proceedings by traditional cuf toms. Paint their skins with red streaks.

more familiar manner, the prelate 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, to be committed to memory, and recited by ignorant or indolent priests, commenced towards the clofe of the 8th century; when Charlemagne ordered Paul Deacon and Alcuin to form homilies or difcourfes upon the Gofpels and Epifties, from the ancient doctors of the church. This gave rife to that famous collection entitled the Homiliarium of Charlemagne, which being followed as a model by many productions of the fame kind, compofed by private perfons, from a principle of pious zeal, contributed much (fays Mofheim) to nourish the indolence, and perpetuate the ignorance of a worthless clergy. There are ftill extant several fine homilies, compofed by the ancient fathers, particularly St Chryfoftom and St Gregory. The Clementine Homilies are 19 homilies in Greek, published by Cotelerius, with two letters prefixed; one of them written in the name of Peter, the other in the name of Clement, to James bishop of Jerufalem; in which laft letter they are entitled Clement's Epitome of the Preaching and Travels of Peter. According to Le Clerc, thefe homilies were compofed by an Ebionite in the 2d century; but Montfaucon fuppofes that they were forged long after the age of St Athanafius. Dr Lardner apprehends, that they were the original or first edition of the Recognitions; and that they are the fame with the work cenfured by Eufebius under the title of Dialogues of Peter and Appion. HOMILIES, two books of, in the Church of England, are two books of plain fermons, fet out by public authority, and ordered to be read in churches on fundays and holidays when there was no fermon. The first book was compiled and published in the beginning of Edward the Sixth's reign; and the second in Queen Elizabeth's time, by order of convocation, 1563.

HOMINE REPLEGIANDO, a writ for the bailing of a man out of prison, when he is confined with out commandment of the king or his judges, or for any cause that is repleviable. But this writ is now feldom used; a writ of habeas corpus being fued out on the neceffary occafions.

HOMME, a river of France, in the dept. of Forets, and late prov. of Luxemburg, which runs into a lake near Rochefort.

HOMMEDAL, a town of Norway. HOMMOC, n. f. a name given by mariners to a hillock or small eminence of land, refembling the figure of a cone, and appearing on the fea-coast of any country.

HOMMONA, a town of Hungary.

HOMO, MAN, is ranked by Linnæus under the clafs of mammalia and order of primates, or Chiefs; and characterised by having 4 parallel fore teeth both in the upper and lower jaw, and two mamma on the breaft. The only fpecies is the

(1.) HOMO SAPIENS, or Sapient Man, fo named as being endowed with wisdom far fuperior to, or rather exclufive of all other animals. See MAN. In the early editions of Linnæus, the Troglodytes was added as a second species, but is now, with

3. HOMINES ASIATICI, ASIATICS. "Of footy complexion, melancholy temperament, and rigid fibre." The hair is strong, black, and lank; the eyes are dark brown. They are of grave, haughty, and covetous manners; and are governed by opinions.-Drefs in loose garments.

4. HOMINES EUropæi, EUROPEANS. "Of fair complexion, fanguine temperament, and brawny form." The hair is flowing, and of various fhades of brown; the eyes are moftly blue.--They are of gentle manners, acute in judgment, of quick invention, and governed by fixed laws. Drefs in clofe veftments.

5. A

5. HOMINES FERI, WILD MEN, "walk on all fours, are dumb, and covered with hair." A youth found in Lithuania, in 1761, resembling a bear. 2. A youth found in Heffe, in 1544, refembling a wolf. 3. A youth in Ireland refemfembling a fheep. Tulp. Obf. iv. 9. 4. A youth in Bamberg refembling an ox. Camerarius. wild youth found in 1724, in Hanover. 6. Wild boys found in 1719 in the Pyrenees. 7. A Wild girl found in 1717 in Overyffel. 8. A wild girl found in 1731 in Champagne. 9. A wild lad found near Leyden. Boerhaave." These inftances of wild men and their fimilitudes, (Mr Kerr justly obferves,) are partly to be attributed to impofture, and in part to exaggeration: Most probably idiots who had strayed from their friends, and who resembled the above animals only in imitating their voices." See PETER, THE WILD BOY,

Of

6. HOMINES MONSTROSI, MONSTERS. these there are feveral varieties: the firft and second of which, in the following lift, are occafioned by peculiarity of climate, while the reft are produced by artificial management. 1. Alpini; The inhabitants of the northern mountains; they are small in ftature, active and timid in their dif pofitions. 2. Patagonici: The Patagonians of South America; of vaft fize, and indolent in their manners. 3. Monorchides: The Hottentots; having one tefticle extirpated. 4. Imberbes: Moft of the American nations; who eradicate their beards and the hair from every part of the body

except the fcalp: 5. Macrocephali: The Chinese; who have their heads artificially forced into a conical form. 6. Plagiocephali: The Canadian Indians; who have the fore part of their heads flattened when young by compreffion.

(II.) HOMO SAPIENS, DR GMELIN'S ARRANGEMENT OF THE VARIETIES OF. The following is offered by Dr Gmelin as more convenient than that of Linnæus; and it appears to be in many refpects, preferable:

HOMO ALBUS White: Formed by the rules of fymmetrical elegance and beauty; or at least what we confider as fuch,. This divifion includes almoft all the inhabitants of Europe; thofe of Afia on this fide of the Oby, the Cafpian, Mount Imaus, and the Ganges; likewife the natives of the N. of Africa, of Greenland, and the Efquimaux.. 2. HOMO BADIUS, Brown: Of a yellowish brown colour; has fcanty hairs, flat features, and fmall eyes. This variety takes in the whole inhabit ants of Afia not included in the preceding divifion. 3. HOMO CUPREUS, Copper coloured: The com-, plexion of the fkin refembles the colour of copper not burnished. The whole inhabitants of America, except the Greenlanders and Efquimaux.

4 HOMO FUSCUs, Tawny: Chiefly of a dark blackish brown colour; having a broad nofe, and harth coarfe ftraight hair. The inhabitants of the fouthern islands, and of most of the Indian islands. 5 HOMO NIGER, Black: Of black complexion; has frizzly hair, a flat nofe, and thick lips. The whole inhabitants of Africa, excepting those of its more northern parts. This variety is ranked by Dr Gmelin 3d in order, though in the gradation of colour it certainly fhould be laft.

HOMOCENTRIC, adj. See CONCENTRICK. HOMODROMUS VECTIS, or LEVER, in mechanics, is a lever in which the weight and power are both on the fame fide of the fulcrum as in the lever of the 2d and 3d kind; being fo called, becaufe here the weight and power move both in the fame direction, whereas in the heterodromus they move in oppofite directions.

* HOMOGENEAL. HOMOGENEOUS. adj. [bomogene, Fr. doyens. Having the fame nature or principles; fuitable to each other. The means of reduction, by the fire, is but by congregation of homogeneal parts. Bacon-Ice is a fimilar body, and homogeneous concretion, whofe material is properly water. Brown's Vulgar Errours.-An bam geneous mass of one kind is easily distinguishable from any other gold from iron, fulphur from alum, and fo of the reft. Woodward's Natural History. The light whofe rays are all alike refrangibe, I call fimply, homogeneal, and fimilar; and that whofe rays are fome more refrangible than others, I call compound, heterogeneal, and diffimilar Newton.

HOMOGENEAL, or HOMOGENEOUS, [from us, like, and yes, kind.] is applied to various fubjects, to denote that they confift of parts of the fame nature and kind: in contradiftinction to HETEROGENEOUS, which fee.

HOMOGENEALNESS. n. f. [from boHOMOGENEITY. mogeneous, or HOMOGENEOUSNESS. homogeneal.] Participation of the fame principles or nature; fimilitude of kind. The mixtures acquire a great

er degree of fluidity and fimilarity, or bomogeneity of parts.. Arbuthnot on Aliments. Upon this fap. pofition of only different diameters, it is impoffi ble to account for the homogeneity or fimiliarity of the fecerned liquors. Cheyne..

* HOMOGENY. n. [oμoyeva.] Joint nature. Not ufed. By the driving back of the principal fpirits, which preferve the confiftence of the body, their government is diffolved, and every part returneth to his nature or homogens. Bacon.

HOMOLE, a hill in Theffaly, near Othrys. HOMOLIUM, a town of Theffaly, in Magnesia. HOMOLOGATION, [from oxoyia, confent.] in the civil law, the act of confirming or rendering a thing more valid and folemn, by publication, repetition, or recognition thereof.

*

(1.) HOMOLOGOUS. adj. [homologue, Fr. oy.] Having the fame manner or proportions. (2.) HOMOLOGOUS, in geometry, is applied to the corresponding fides and angles of fimilar figures, as being, proportioned to each other.

* HOMONYMOUS. [adj. bomonyme, French; oru.] Denominating different things; equi vocal; ambiguous.-As words fignifying the fame thing are called synonymous, fo equivocal words, or thofe which fignify feveral things, are called bo monymous, or ambiguous; and when perfons ufe fuch ambiguous words, with a defign to deceive, it is called equivocation. Watt's Logick. * HOMONYMY. n. f. [homongmie, French oμovvμia.] Equivocation; ambiguity.

HOMOROD, a town of Transylvania. * HOMOTONOUS. adj. [óμorov] Equable: faid of fuch diftempers as keep a conftant tenour of rife, ftate, and declension. Quincy.

HOMS, or EMs, a town of Syria, on the Orontes, 6 miles NNE. of Damafcus, anciently called EMESSA. See that article.

(1.) HONAN, a province of China, bounded on the N. by that of Petcheli and Chanfi, on the W. by Chanfi, on the S. by Houquang, and on the E. by Chantong. Every thing that can contribute to render a country delightful is found united in this province; the Chinese therefore call it Tong-hoa, or the middle flower; it is indeed fituated almoft in the centre of China. The anci. ent emperors, invited by the mildnefs of the climate and the beauty of the country, fixed their refidence here for a time. The abundance of its fruits, paftures, and corn, the effeminacy of its inhabitants (who are accounted extremely voluptuous), and the cheapnefs of provifions, have prevented trade from being fo flourishing here as in the other provinces. The whole country is flat, excepting towards the W. where there is a long chain of mountains, covered with thick forefts; and the land is in fuch a high state of cultivation, that those who travel through it imagine they are walking in an immenfe garden. Befides the Hoangho, which runs through this province, it is watered by a great number of fprings and fountains. It has alfo a valuable lake, which is frequented by a prodigious number of workmen, becaufe its water has the property of communicating a luftre to filk, which cannot be imitated. Exclufive of forts, caftles, and places of strength, this province contains 8 fou, or cities of the first clafs," and 102 of the ad and 3d. In one of thefe

cities, named Nanyang, is found a kind of ferpent, the fkin of which is marked with fmall white fpots: the Chinese phyficians fteep it in wine, and ufe it as a remedy against the palfy.

(2.) HONAN, a city of the above province, fituated amidst mountains and between three rivers. The Chinese formerly believed this city to be the centre of the earth, because it was in the middle of their empire. Its jurifdiction is very extenfive; for it comprehends one city of the ad clafs and 13 of the 3d. One of thefe cities, named Teng fong-bien, is famous for the tower erected by the celebrated Tcheoukong for an obfervatory. See TCHEOUKONG. Honan is 360 miles SSW. of Pekin. Lon. 129. 55. E. Ferro. Lat. 34. 44. N. HOND, a town of Hungary, 10 miles N. of Tokay.

HONDA BAY; 1. A bay on the N. coaft of Cuba: 2. A bay on the E. coaft of Honduras, N. of Cape Gracios a Dios.

HONDEKOETER, Melchior, a famous Dutch painter, born at Utrecht, in 1637, who excelled in painting animals, and especially birds. His father and grandfather were of the fame profeffion, and their subjects the fame. He was trained up to the art by his father; but furpaffed not only him, but even the best of his cotemporaries in a very high degree. Till he was 17 years of age, he continued under the direction of his father, and accuftomed himself to paint cocks, hens, ducks, chickens, and peacocks, in an elegant variety of actions and attitudes. After his father's death, in 1653, he received inftruction from his uncle John Baptift Weeninx; but his best inftructor was nature, which he ftudied with intenfe application. His pencil was wonderfully neat and delicate; his touch light; his colouring exceedingly natural, lively, and remarkably transparent; and the fea thers of his fowls were expreffed with fuch a fwelling foftnefs, as might readily and agreeably deceive the eye of any fpectator. It is reported that he had trained up a cock to stand in any attitude he wanted to defcribe, and that he used to place the creature near his cafel; fo that at the motion of his hand the bird would fix itself in the proper pofture, and would continue in that particular pofition without the smallest perceptible alteration for feveral hours together. The landscapes which he introduces as the back grounds of his pictures, are adapted with peculiar judgment and skill, and admirably finished; they harmonize with his fubject, and always increase the force and the beauty of his principal objects. His touch was very fingular, in imitating the natural plumage of the fowls he painted; which produced a charming effect, and may enable an intelligent obferver, to distinguish his genuine works from impofitions. His pictures fell at a high price, and are much fought after. He died at Utrecht in 1695, aged 59.

HONDIUS, Jeffe, an eminent letter-founder and engraver on copper and ivory, born in Flanders in 1563. He was author of a work entitled Defcriptio geographica orbis terrarum, publifhed in folio, in 1607. He died in 1611.

HONDTSCHOOTE, a town of France, in the dep. of the North, and diftrict of Bergues; 7 miles SE. of Dunkirk,Hand 15 NW. of Ypres. VOL. XI. PART II.

Near this town a part of the army of the allies, under Gen. Freytag, was furprised and defeated hy the French, on the 6th Sept. 1793; the general himfelf, and prince Adolphus of Great Britain, being taken prifoners, but foon after rescued.

(1.) HONDURAS, a large province of N. America, bounded on the N. by the BAY (N° 2.), on the E. by the Mofquito fhore, on the S. by Nicaragua, and on the W. by Chiapa and Guatimala. It is comprehended in the government of New Spain, although this province and the peninfula of Yucatan, on the other fide of the bay of Honduras, can hardly be faid to have formed a part of the ancient Mexican empire. Honduras and Yucatan do not, like the other territories of Spain in the New World, derive their value either from the fertility of their soil, or the richness of their mines; but they produce, in greater abundance than any part of America, the LOGWOOD tree, which is become an article in commerce of great value. During a long period, no European nation intruded upon the Spaniards in these provinces, or attempted to obtain any fhare in this branch of trade. But after the conqueft of Jamaica by the English, one of the first objects of the fettlers on that ifland was the great profit arifing from the logwood trade, and the facility of wrefting fome portion of it from the Spaniards. Their first attempt was made at Cape Catoche, the SE. promontory of Yucatan. When most of the trees near this cape were felled, they removed to the island of Trift, in the bay of Campeachy; and in later times, their principal ftation has been in the bay of Honduras. The Spaniards, alarmed at this encroachment, endeavoured by negociation, remonftrances, and open force, to prevent the English from obtaining any footing on that part of the American continent. But, after struggling against it for more than a century, the difafters of an unfortunate war extorted from the court of Madrid, in 1763, a reluctant consent to tolerate this fettlement of foreigners in the heart of its territories. This privilege was confirmed by the definitive treaty of 1783; by which, however, it was ftipulated, that nothing in this conceffion fhould be confidered as derogating, in any refpect, from the fovereignty of his catholic majefty; that if the English had erected any fortifications in the country, they should be demolished, and none erected in future; and that they should con fine themselves within a certain diftrict, lying between the rivers Wallis, or Bellize, and Rio Hon do, taking the courfe of the faid two rivers for unalterable boundaries, fo as that the navigation of them be common to both nations; to wit, by the river Wallis, from the fea afcending as far as oppofite to a lake, which runs into the land, and forms an ifthmus, with another fimilar inlet, which comes from the fide of Rio Nuevo, or Nev River; fo that the line of feparation pass straight acrofs the faid ifthmus, and meet another lake formed by the water of Rio Nuevo, as its current; the faid line to continue with the course of Rio Nuevo, defcending as far as oppofite to a river which enters Rio Hondo, and thence defcending by Rio Hondo to the fea. But, by a convention figned in 1786, thefe limits were extended; the English line, beginning from the fea, was to take Fff

the