in the general acceptation of the law, comprehends 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 used to be inflicted; for those felonies which 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 included under the name of felony; and in confirmation of this we may observe, that the statute of treasons (25 Edw. III. cap. 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 felonies; but this is likewise the case with some other offences which are not punished with death, as suicide, where the party is already dead, manslaughter, and larceny; all which are, strictly speaking, felonies, as they subject those who commit them to forfeitures. Upon the whole, therefore, the only adequate definition of felony seems to be that which was before laid down, namely, 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.

The word felony, or felonia, is undoubtedly of feudal origin, being frequently to be met with in the books of feuds, and in other works; but the derivation of it has much puzzled the juridical lexicographers Pratensis, Calvinus, and others. Some derive it from the Greek φάλαξ, an impostor or deceiver; others from the Latin fallo, felli, to countenance which they would have called it fellonia. Sir Edward Coke has given a still stranger etymology; that it is crimen animo felleo perpetratum, a crime perpetrated with a bitter or gallish inclination. But all agree in the description that it is such a crime as involves the forfeiture of the offender's lands or goods. And this gives great probability to Sir Henry Spelman's derivation from the Teutonic or German, in which language, indeed, as the word is clearly of feudal origin, we ought rather to look for its signification, than amongst the Greeks and Romans. Felon, then, according to him, is derived from two northern words, namely, fee, signifying the fief, feud, or beneficary estate; and lon, which means price or value. Felony is therefore the same as pretium feudii, the consideration for which a man gives up his fief; as we say in common speech, such an act is as much as your life or estate is worth. In this sense it clearly signifies the feudal forfeiture or act by which an estate is forfeited, or escheats to the lord.

To confirm this we may observe, that in the sense of forfeiture to the lord, the feudal writers constantly use it. For all those acts, whether of a criminal nature or not, which at this day are generally forfeitures of copyhold estates, are styled feloniae in the feudal law: scilicet, per quos feudum amitterit. Thus, si domino deservire non nobilitur; si per annum et diem cessaverit in petenda investitura; si dominum ejraruerit, id est, negaverit se a domino feudum habere; si a domino in jus eum vacant, ter citatus non com- paruerit; all which, with many others, are still causes of forfeiture in our copyhold estates, and were denominated felonies by the feudal constitutions. So likewise injuries of a more substantial or criminal nature were denominated felonies, that is, forfeitures; as assaulting or beating the lord; vitiating his wife or daughter, si dominum cucurbitaverit, id est, cum uxore ejus concubuerit; all these are esteemed felonies, and the latter is expressly so denominated, si fecerit feloniam, dominum forte cucurbitando. And as these contempts or smaller offences were felonies or acts of forfeiture, of course greater crimes, as murder and robbery, fell under the same denomination. On the other hand, the lord might be guilty of felony, or forfeit his seignory to the vassal, by the same act as that by which the vassal would have forfeited his feud to the lord. Si dominus committerit feloniam, per quam vasallus amitteret feudum si eum commiserit in dominum, feudi proprietatem etiam do- Felsham

FELSPAR minus perdere debet. One instance given of this sort of felony in the lord is beating the servant of his vassal, so that his service is lost; which seems merely in the nature of a civil injury, in as far as it respects the vassal. And all these felonies were to be determined per laudamentum sive judicium parium suorum, in the lord's court; as with us forfeitures of copyhold lands are presentable by the homage in the court-baron.

Felching.

Felsham