in the general acceptation of the law, comprises every species of crime, which occasions at common law the forfeiture of lands or goods. This most frequently happens in those crimes for which a capital punishment either is or was to be inflicted: for those felonies that are called clergyable, or to which the benefit of clergy extends, were anciently punished with death in all lay or unlearned offenders; though now, by the statute law, that punishment is for the first offence universally remitted. Treason itself, says Sir Edward Coke, was anciently comprised under the name of felony; and in confirmation of this we may observe, that the statute of treasons, 25 Edw. III. c. 2. speaking of some dubious crimes, directs a reference to parliament; that it may be there adjudged, "whether they be treason or other felony." All treasons, therefore, strictly speaking, are felonies; though all felonies are not treason. And to this also we may add, that all offences, now capital, are in some degree or other felony; but this is likewise the case with some other offences, which are not punished with death; as suicide, where the party is already dead; homicide by chance-medley, or in self-defence; and petit-larceny, or pilfering; all which are (strictly speaking) felonies, as they subject the committers of them to forfeitures. So that, upon the whole, the only adequate definition of felony seems to be that which is before laid down; viz. an offence which occasions a total forfeiture of either lands or goods, or both, at the common law; and to which capital or other punishment may be superadded, according to the degree of guilt.

To explain this matter a little farther: The word felony, or felonia, is of undoubted feudal original, being frequently to be met with in the books of feuds, &c. but the derivation of it has much puzzled the juridical lexicographers, Pratensis, Calvinus, and the rest: some deriving it from the Greek, φελος, "an impostor or deceiver;" others from the Latin, fullo, feliti, to countenance. Felony, and the act of forfeiture to the lord, being thus synonymous terms in the feudal law, we may easily trace the reason why, upon the introduction of that law into England, those crimes which induced such forfeiture or escheat of lands (and, by a small defection from the original sense, such as induced the forfeiture of goods also) were denominated felonies. Thus it was that suicide, robbery, and rape, were felonies; that is, the consequence of such crimes was forfeiture; till by long use we began to signify by the term of felony, the actual crime committed, and not the penal consequence. And upon this system only can we account for the cause, why treason in ancient times was held to be a species of felony; viz. because it induced a forfeiture.

Hence it follows, that equal punishment does by no means enter into the true idea and definition of felony. Felony may be without inflicting capital punishment, as in the cases instanced of self-murder, excusable homicide, and petit-larceny; and it is possible that capital punishments may be inflicted, and yet the offence be no felony; as in case of heresy by the common law, which, though capital, never worked any forfeiture of lands or goods, an inseparable incident to felony. And of the same nature was the punishment of standing mute, without pleading to an indictment; which at the common law was capital, but without any forfeiture, therefore such standing mute was no felony. In short, the true criterion of felony is forfeiture: for, as Sir Edward Coke justly observes, in all felonies which are punishable with death, the offender loses all his lands in fee-simple, and also his goods and chattels; in such as are not punishable, his goods and chattels only.

The idea of felony is indeed so generally connected with that of capital punishment, that we find it hard to separate them; and to this usage the interpretations of the law do now conform. And therefore, if a statute makes any new offence felony, the law implies that it shall be punished with death, viz. by hanging, as well as with forfeiture: unless the offender prays the benefit of clergy; which all felons are entitled once to have, unless the same is expressly taken away by statute.

Felonies by statute are very numerous; and as this work will not admit of a proper enumeration, we must refer to the table of the quarto edition of the Statutes, where they are set forth in alphabetical order.