« PredošláPokračovať »
slaughter, is, that murder is upon - malice such circumstances as are theordinary symptoms aforethought, and manslaughter upon a sudden of a wicked heart, regardless of social duty, occasion, as if two meet together, and striving and fatally bent upon mischief. Fost. 256. for the wall, the one kills the other, this is The law so far abhors all duelling in cold manslaughter and felony. And if they had, blood, that not only the principal who actually on that sudden occasion, gone into the field and kills the other, but also his seconds, are guilly fought, and the one had killed the other, this of murder, whether they fought or not; and had been but manslaughter, and no mur- it is holden that the seconds of the person der; because all that followed was but a con- killed are also equally guilty, in respect to that sinuance of the first sudden occasion, and the countenance which they give to their principals blood was never cooled till the blow was given. in the execution of their purpose, by accon
Chance, or chaud-niedley. Authors of the panying them therein, and being ready to bear first authority disagree about the application of a part with them. I Haw. 82. this word. By some it is applied to homicide Also it seems agreed, that no breach of a by misadventure, by others io manslaughter. man's word or promise, no trespass either to The original meaning of the word seems to land or goods, no affront by bare words or favour the former opinion, as it signifies a sud- gestures, however false or malicious it may be, den or casual meddling or contention; but and aggravated with the most provoking cirhomicide by misadventure supposes no previous cumstances, will excuse him from being guilty meddling or falling out.
of murder who is so far transported thereby, Murder is the highest crime against the law as immediately to attack the person who of nature, that a man is capable of committing. offends, in such a manner as manifestly enIt is when a man of sound memory, and at dangers his life, without giving him time to the age of discretion, unlawfully kills another put himself upon his guard, if he kills him person under the king's peace with malice in pursuance of such assault, whether the aforethought, either expressed by the party, or person slain did at all fight in his defence or implied by the law, so as the party wounded or
not. Id. hurt die of the wound or hurt within a year HOMICI'DIAL. 2. (from homicide.) Mur. and a day, the whole day on which the hurt derous; blowdy (Pope). was done being reckoned the first.
HOMILETICAL. a. (ously rinss.) Social; By malice expressed, is meant a deliberate conversable (Atterl'uty). intention of doing any bodily harm to another, HOMILY, in ecclesiastical writers, a serwhereunto by law a person is not authorized. non or discourse upon some point of religion,
And the evidences of such malice must arise delivered in a plain manner, so as to be easily from external circumstances discovering that understood by the common people. The word inward intention; as lying in wait, menacings is Greck, outdoce; formed of qusnc, cælus, antecedent, former grudges, deliberate com- assembly or council.”. passings and the like, which are various, ac- The Greek homily, says M. Fleury, signifies cording to the variety of circumstances. iH. a familiar discourse, like the Latin sermo; ard H.451.
discourses delivered in the church took these Malice implied, is where a person volun- denominations, to intimate, that they were tarily kills another, without any provocation; not harangues or matters of ostentation and for in this case the law presumes it to be ma- flourish, like those of profane orators, bat licious, and that he is a public enemy of man
familiar and useful discourses, as of a master kind. i H. H. 455.
to his disciples, or a father to his children. In general any formed design of doing mis- All the homilies of the Greek and Latin chief may be called malice; and therefore not fathers are composed by bishops. We hate such killing only as proceeds from premeditated none of Tertullian, Clemens Alexandrinus, hatred or revenge against the person killed, but and many other learned persons; because, in also in many other cases, such as is accom- the first ages, none but bishops were adıniited panied with circumstances which shew the to preach. The privilege was not ordinarily heart to be perversely wicked, is judged to allowed to priests till toward the fifth century. be of malice prepense, or aforethought, and St. Chrysostom was the first presbyter that consequently murder. 2 Haw. 80.
preached statedly. Origen and St. Augustine If a man kills another, it shall be intended also preached; but it was by a peculiar licence prima facie that he did it maliciou-ly, unless or privilege. he makes the contrary appear, by shewing At the time of the Reformation there were that he did it on a sudden provocation or the several homilies composed and printed, and like. llaw. 82.
ordered to be read in such churches as were not When the law makes use of the term malice provided with a sufficiently learned minister, aforethought, as descriptive of the crime of in order to prevent unsound doctrine being murder, it must not be understood in that taught in remote country places. narrow restrained sense to which the modern HOMILIES (Clementine), in ecclesiastical use of the word malice is apt to lead one, a history, are nineteen homilies in Greek, pubprinciple of malevolence to particulars; for lished by Cotelerius, with two letters prefixed; the law by the term malice, in this instance, one of them written in the name of Peter, the means, that the fact has been attended with other in the name of Clement, to James bishop
of Jerusalem; in which last letter they are more to the purpose, and we therefore subjoin intitled Clernent's Epitome of the Preaching it for a comparison. The genus admitting but and Travels of Peter. According to Le Clerc, one species is divided into the following vathese homilies were composed by an Ebionite rieties : in the second century; but Montfaucon sup- a. H. albus. White man. Formed by the poses that they were forged long after the age of rules of symmetrical elegance and beauty; St. Athanasius. Dr. Lardner apprehends, or at least by what is generally regarded that the Clementine homilies were the original as such. This division includes almost all or first edition of the Recognitions; and that the inhabitants o Europe; those of Asia, they are the same with the work censured by on this side the Oby, the Caspian, Mount Eusebius under the title of Dialogues of Peter Imaus, and the Ganges, as well as the and Appion.
natives of the north of Africa, of GreenHOMINE REPLEVIANDO, a writ to !and, and the Esquimaux. bail a nian out of prison, now disused on ac
5. H. badius. Brown man. Of a yellowcount of the superior advantage of the habeas ish-brown colour; with scanty hair, flat corpus.
features, and small eyes. This variety HOMO, Man. In zoology, the first genus includes the whole of the inhabitants of in the class maminalia, order primates; thus Asia not comprized in the preceding. generically characterised : fore teeth cutting; H. niger. Black man. Black upper four parallel; teats two, pectoral.
plexion, frizzly hair, fat nose, and thick i. H. sapiens. Diurnal; varying by edu- lips. The whole of the inhabitants of cation and situation. The varieties as follow: Africa, excepting those of its more north
Four-footed, mute, hairy. Wild man. erly parts. 6. Copper-coloured, choleric, erect. Ame- è. H. cupreus. Copper-coloured or red
rican. Hair black, straight, thick ; nos- man. The complexion of the skin retrils wide; face harsh; heard scanty;
sembles the hue of unburnished copper. obstinate, content, free. Paints himself All the inhabitants of America, except with fine red lines.
the Greenlanders and Esquimaux. Fair, sanguine, brawny. European. s. II. fusus. Tawny man. Chiefly of a Hair yellow, brown, flowing; eyes blue; dark blackish-brown colour; having a gentle, acute, inventive. Covered with broad nose, and harsh, coarse, straght hair. closc vestments; governed by laws.
The inhabitants of Australasia, Polynesia, 3. Sooty, melancholy, rigiil. Asiatic. and most of the Indian islands.
Hair black, eyes dark; severe, haughty, The zoological description of Linnéus is as
“ The body, which seldom reaches six feet & Black, phlegmatic, relaxed. African. in height, is erect and almost naked, having
Hair black, frizzled; skin silky; nose only some scattered distant hairs, except in a
scalp long and covered with hair; the fore2. H. monstrosus. Varying by climate head broad, top of the head flat, and hindor art. The varieties of this species as fol- head protuberant. The face is naked, having low:
the brow or forehead Aattened and quadranguSmall, active, timid. Mountaineer. lar; the temples are compressed, with peaked 6. Large, indolent. Palagonian.
angles pointing upwards and backwaris 10Less fertile. Hotlentot.
wards the hairy scalp. The eye-brows are 2. Beardless. American.
prominent, and covered with hairs, which 2. Head conic. Chinese.
shedding outwards, cover each other like tiles; 8. Head Aattened. Canadian.
and between the inner extremities of the two Sich is the arrangement of Linnéus; which eye-brows, there is a smooth shallow furrow Ifowever is somewhat involved and intricate, or depression, in a line with the nose. The and perhaps not quite correct. It is, with upper eye-lid is moveable, but the lower one much reason, doubted whether the homo ferus, hardly moves, and both are planted at their or wild
man, be a genuine variety. A few edges with a row of stiff recurved hairs, named scattered accounts of wild boys and wild girls, eye-lashes. The eye-balls are round, having some of them resembling the sheep, others the no suspending muscles as in those of inost wolf, dumb, covered with hair, and walking quadrupeds; the pupil, or opening of the on all fours, are to be met with in different sight, is circular; and the eye has no membraregisters and writers attached to the marvellous, na nictitana. The upper parts of the cheeks but it has been justly observed by Mr. Kerr, are prominent, softish, and coloured with a that of all these, some may be ascribed to in. red blush; their outer parts flattened; the posture, and others to exaggeration; most lower parts are hollowed, lax, and expansile. generally to idiots (the offspring of the other The nose is prominent, and compressed at the varieties), who had strayed from their friends sides; its extremity or point is higlier than the or keepers, and only resembled the wolf or rest, and blunt; the nostrils are oval, openi she sheep by imitating their sounds.
downwards, with thickened edges, and are The arrangement of Gmelin is somewhat hairy on their insides. The upper lip is almost perpendicular, and is furrowed on the at a distance from each other; they are round, middle, from the division between the nostrils and about a foot in lengto from the joint of to the edge of the lip; the under lip is erect, the shoulder to the elbow; the fore-arı, or thicker and more prominent than that above; cubit, contains two bones, and is obtusely both have a smooth red protuberance, sur- prominent; the ulna, which forms the prinrounding their inouth at their edges. The cipal thickness of the member, is round and chin is prominent, blunt, and gibbous. In somewhat fattened on the inside. The males, the face is round; the mouth is covered hands are broad, Aat, and rounded; conwith hair, called the beard, which first appears vex on the outside or back of the hand, and about puberty, in patches on the chin. The concave on the inside or palm. Each hand teeth in both jaws may be distinguished into has five fingers, one of which, named the three orders; the fore teeth are erect, parallel, thumb, is shorter and thicker than the and wedge-like, of the kind named 'incisors rest, and is placed at some distance from or cutting teeth; they stand close to each them; the others are near each other, and other, and are more equal and rounder than in placed parallel, the outer or little finger being other animals: the tusks, called in man eye- ihe smallest; the second, named index or foreteeth and corner-teeth, of which there is only finger, and the fourth called the ring-finger, one on each side of the fore-teeth in each jaw, are next in length and in size; and the third are a litile longer than the fore-teeth, but or middle-finger is the longest ; the point of much less so than in other animals, and they this last, when the arm and hand hang down, are placed close to the other teeth: the grin- reaches to the middle of the thigh. The nails ders, of which there are five on each side in are rounded and oval, being Hatly arched or both jaws, are blunt, and divided on their convex upwards, and each has a semilunar upper surface into pointed eminences; but whitish mark at the root or lower extremity. these are not so remarkable as in other ani- " The lower limbs are placed close together, mals. The ears are placed on the sides of the having brawny muscular haunches and swellhead, are of an oblong rounded figure, with a ing fleshy hips; the knees are obtuse, bend seniilunar bend on their anterior edges ; they forwarıls, and have hollow hams behind. The lie flat to the head, are naked, arched at the legs, which are nearly of the same length margin, on their upper and posterior edges, with the thighs, are of a muscular make beand are thicker and soft at the under extre- hind, where they swell out into what is called mities.
the calf; they are lean, and free of flesh on the “The trunk of the body consists of the neck, shins or fore-parts, and taper downwards to breast, back, and belly.' The neck is round- the ankle, which have hard hemispherical ish, and shorter than the head ; its vertebra or projections on each side, named the anklechine bones are not, as in most animals, con- bones or malleola. The heel is thick, pronected by a suspensary ligament; the vape is minent, and gibbous, being longer and broader hollowed; the ihroat immediately below the than in other animals, for giving a firm supchin is hollow at its upper part, and protube- port to the body; it joins immediately with rant in the middle a little lower down. The ile sole of the foot. The feet are oblong, breast is somewhat Aattened both before and convex above, and Aattened on the soles, behind; on the fore part there is a decavity or which have a transverse liollow about the depression where it joins with the neck; the arm- middle. Each foot has five toes, somewhat pits are hollow and hairy; the pit of the sto- bent downwards, and gibbous or swelled uninach is Aat. On the breast are two distant, derneath at their extremities: they are all round, protuberant mamma or dugs, each placed close together, the inner or great-toe having a cylindrical, obtuse, wrinkly, project- being thicker and somewhat shorter than the ing nipple, which is surrounded by a darker rest; the second and third aie nearly of equal coloured circle called the areola. The back is length; and the fourth and fifth are shorter fat, having protuberances on each side at the ihan the others, the last mentioned or little shoulder-blades, with a furrow or depression toe being the shortest and smallest. The toebetween them. The abdomen or belly is nails resemble those op the fingers. large and protuberant, with a hollow at the “ Thus ınan differs from other animals in his navel; the epigastric regions, or sides of the erect posture and naked skin, having a hairy belly, are protuberant; the groins fattish and scalp, being furnished with hair on the eyehollowed. The pubes is hairy; the pelvis or brows and eye-lashes; and having, when ar. basin is wider above, and grows narrower be- rived at puberty, the pubes, breast, armpits, low. The male parts are external and loose ; and the chin of the inale, covered with hair. the penis cylindrical; the scrotum roundish, “His brain is larger than that of any other lax, and wrinkled, being divided in the mid- animal, even the most enormous; he is prodle by a longitudinal ridge or smooth line, vided with an uvula, and has organs of speech. which extends along the whole perinæum. His face is placed in the same parallel line The female parts are compressed and protube- with his body: he has a projecting compressed rant, having labia, nympha, clytoris, and nose,,and a prominent chin. His feet, in walk. hymus, and, in adults, secreting the catamenia ing, rest on the heel. He has no tail; and There is no external tail. The limbs consist lastly the species is distinguished from other of arms and hands instead of fore-legs; and of animals by some peculiarities of the female thighs, legs, and feet. The arms are placed constitution which have been noticed already."
În the earlier editions of his system Linnéus and the absence of which reduces the whole to arranged the Troglodytes as another variety of the same whitish or colourless appearance. the genus Homo; but he atterwards, and cer. Of the remote cause, we are totally ignorant tainly with propriety, transferred them to the to the present moment. The physical strength genus Simia, which see: though there have we usually find impaired; but the mental fanot been wanting of late, nor are wanting even culties seem to sustain no injury. at present, some physiologists who affect to Another observation we have to make is regard this species of the Simia as the common that the disease, be its remote origin what it stock from which all the different varieties of may, appears to be more common among man have arisen: or rather who affect to be- males than among females. It seems to have lieve that both man and ape descend from the been the opinion of Saussures and Barri that monkey ; the tail having been progressively it was altogether confined to males, but this is lost from inusitation, or some accidental cir- unquestionably a mistake; for several female cumstance in the animal constitution. Lord Albinas or Albinesses, as they have been called, Monboddo was one of the warmest and most have been publickly exhibited in this metrosturdy adherents to this opinion. From its polis within the course of the last twenty own absurdity, however, it is now daily losing years, and one if not two of them indigenous ground, and will probably be soon totally for to the united kingdom. gotten.
Some physiologists, indeed, have on this A still farther variety of the genus Homo account gone so far as to imagine that the dishas been supposed to exist in the white and ease is as common among fernales as among colourless individuals denominated Albinos ; males, but that from the greater modesty of a name first applied by the Portuguese to the former, they have more frequently shunMoors who were born white, with every ned to make public spectacles of themselves. other characteristic of the race from which This however is mere opinion, and that not a they descended, and who, on account of this very plausible opinion; while it is opposed by hue, were looked upon by the negroes as mon- almost all the few facts we are able to advance sters. In these persons, however, there were upon this curious subject. In proof of this other peculiarities besides the hue of their we will venture to select the following stateskin ; for their hair, wherever it made its ap ment of a gentleman whose authority is of no pearance, was equally white, the iris of the small weight, to which we might add several eye white, and the pupil rose-coloured. other instances of a similar kind, if we could
It has since been pretty fully established allow ourselves space. We select the followthat this appearance, instead of indicating a ing, however, because the account is accuratedistinct variety of the genus, only indicates a ly drawn up, and because, if we mistake not, morbid habit of a particular kind: and a habit it constitutes the latest account of the kind which is by no means confined to the Moors that has yet been presented to the public. It of Africa, or to negroes of any country; for the is giren in a letter from Dr. T. S. Traill of very same symptoms, so far as they are capable Liverpool, to Mr. Nicholson, and was pubof applying, have since been ascertained to lished in his Journal of Natural Philosophy exist in various parts of Europe : two (hoth for February 7, 1808. boys) by Saussures, in the regions of Cha- "Robert Edmond and his wife Anneare both mouni, where he found them exhibited as a natives of Anglesey in North Wales. He has public spectacle by their parents, with lips blue eyes and hair' almost black; her eyes are somewhat thick, light hair, and rose-coloured blue, and her hair of a light brown. Neither eyes; four (males also) who were inhabitants of them have remarkably fair skins. They of Milan; another male described by Maupere have been married fourteen years. Their first tuis; another by Helvetius ; and several of still child, a girl, had blue eyes and brown hair. later date in our own country, of whom a few The second, a boy, (now before me) has the have been females.
characteristics of an albino : viz, very fair skin, Now it is a clear proof that the persons thus flaxen hair, and rose-coloured eyes. The denominated Albinos do not form a distinct third and fourth children were twins, and variety of ınan, since, although they are stated both boys; one of them has blue eyes and to be occasionally propagated in Guinea, Java, dark brown hair; the other was an albino. and Panama, from cohabitation of males and The former is still alive: the albino lived nine females equally affected with this disease, yet months, though a very puny child. The fifth that the instances now adduced sprung, in child, a girl, had blue eyes and brown hair. every example, from parents of coloured hair, The sixth, and last now here, is a perfect common complexion, and eyes of an usual albino. appearance; and hence thać when Albinos “ The oldest of these albinoes is now nine have been propagated, they can only have years of age, of a delicate constitution, slender, been propagated as possessing an hereditary but well formed both in person and in feadisease.
tures; his appetite has always been bad: he The proximate cause of this disease is ob- frequently complains of a dull pain in his viously a deficiency in the secretion of that forehead, his skin is exceedingly fair; his hair rete mucosum, or general colouring matter Haxen and soft; his cheeks have very little of under the cuticle, which varies the complex- the rose in them. The iris and pupil of his ion, the colour of the hair, and of the cyes; eyes are of a bright rose red colour, reflecting VOL. V.
in some situations an opaline tinge. He can- Helvetius, and one by Maupertuis, all of not endure the strong light of the sun. When whom were males. The parents of the two desired to look up, his eyelids are in constant young men of Chamouni had female children motion, and he is incapable of fixing the of the usual appearance. The woman of Mieye steadily on any object, as is observed in lan had seven sons, three of whom were albithose labouring under some kinds of slight noes. Mrs. Edmond's girls were all of the ophthalmia, but in him is unaccompanied by usual appearanee, but all her boys were albitears. His mother says, that his tears never noes. Among these eleven cases not one albi. flow in the coldest weather, but when vexed no girl has been found. This at least proves, they are shed abundantly. The white of the thai males are inore subject than females to eye is generally bloodshot. He says he sees this singular structure. better by candle than by daylight; especially “ From the perpetuation of this variety of at present, when the reflection from the snow the human species in Java, Guinea, and other on the ground is extremely offensive to him. places, as well as froin the account Mrs. EdHe gues to school, but generally retires to the mond gives of her cousin, it would seem to be darkest part of it to read his lesson, because hereditary." this is most agreeable to his eyes. In my For the anatomical, physiological, natural, room, which has a northern aspect, he can moral, civil, and social, histories of man, we only distinguish some of the letters in the niust refer to the articles ANATOMY, Ppy pages of the Edinburgh Review; but, if the siology, Physics, Morals, &c. light is not permitted to fall fall on the book, HONODROMUS VECTIS, or LEVER, he is able to read most of them. He holds the in mechanics, is a lever in which the weight book xery near his eye. His disposition is and power are both on the same side of the very gentle; he is not deficient in intellect. fulcrum as in the lever of the second and His whole appearance is so remarkable, that third kind; being so called, because here the some years ago a person attempted to steal him, weight and power move both in the same diand would have succeeded in dragging bim section, whereas in the heterodromus they away, had not his cries brought a person to move in opposite directions. his assistance,
HOMOGENEAL. HOMOGE'NEOUS. Q. “ The youngest child is now nine months (omoyers.) Having the same nature or princi old; is a very stout lively, noisy, and healthy ples; suitable to each other (Newton), boy: In other respects he perfectly resembles HOMOGENEAL LIGHT, is that whose rays his brother.
are all of one and the same colour, degree “ The mother says, that one of her cousins of refrangibility, and reflexibility: Sea has a very fair skin, flaxen hair, and very Light. weak light blue eyes.
HOMOGENEALNESS. HOMOGENE'I. “ Professor Bluinenbach of Gottingen, in a TY. HOMOGENEOUSNESS. s. Participation curious inemoir read before the Royal Society of the same principles or nature; similitude of that city, endeavoured to prove, that the red of kind (Cheyne). colour of the eyes of the albinoes of Chamou- HOMOGENEOUS SURDS, are such ni was owing to the want of pigmentum ni- whose exponents, or radical signs are the grum within the eye. About the same time, Buzzi of Milan had an opportunity of dissect- same ; as va and Vab, or 2 ut and 3 a 1t. ing an albino, and proved, that the pigmen
HOMOGENEUM ADFECTIONIS, in tum nigrum of the choroid coat, and also that algebra, that term in an equation which renportion of it which lies behind the iris, and is ders it adfected. And Homogenium comparacalled urea by anatomists, were wanting; thus tionis, the absolute or known number in an demonstrating what Blumenbach had suppos
adfected equation. ed. This deficiency was observed before by
HOMOGENY. $. (quoystice.) Joint nature: Bluinenbach in some white dogs, owls, and in not used (Bacon). white rabbits. Buzzi discovered, that the
HOMOLOGATION, in the civil law, layer of the skin called rete mucosum was
the act of confirming or rendering a thing also wanting, and to this he with great proba- more valid and solemn, by publication, repebility attributes the peculiar fairness of the tition, or recognition thereof. The word skin; the colouring matter of the negro, and
comes from the Greek quodayice " consept, as
“ like," and of the hair of animals, being lodged in this sent;" formed of 0110s similis, membrane.
2oyos, of 20you dicere, "to say;" q. d. to say “! It is well known, that from the tawny the same thing, to consent, agree.
HOMO'LOGOUS. a. (ousley.) Having natives of Asia, Africa, and America, albipoes sometimes spring, who are said to be capable the same manner or proportions. of propagating a race like themselves, when HOMOLOGOus, in geometry, an appellathey intermarry. Whether this be the case
tion given to the corresponding sides and an. with the albinoes of Europe is unknown; for, gles of similar figures, as being proportional to as far as I have been able to learn, not one of each other. ihem was a female. There are on record
All similar figures have their like sides boeight instances of European albinoes, beside mologous, or proportional to one another, the three now noticed. Two of these are de- their areas also are homologous, or proportionscribed by Saussure, four by Buzzi, one by al to the squares of the like sides, and their