FELONY is supposed by some to come from the Saxon fel, which signifieth fierce or cruel; of which the verb fell signifieth to throw down or demolish; and the substantive of that name is used to signify a mountain rough and uncultivated. But the same word, with a little variation, runneth through most of the European languages, and signifieth more generally an offence at large; and the Saxon word fallan signifieth to offend, and fellnissa an offence or failure; and although felony, as it is now become a technical term, signifieth in a more restrained sense an offence of an high nature, yet it is not limited to capital offences only, but still retaineth somewhat of this larger acceptation; for petit larceny is felony, although it is not capital. According to Sir Henry Spelman's observation, it signifies such an offence for which during the feudal institution a man should lose or forfeit his estate; which he derives of two northern words, fee, which signifies the fief, feud, beneficiary estate, and lon, which signifies price or value. It would swell this title nearly to the size of half the book, to set down every thing which may be comprehended under the word felony; therefore it is necessary to refer the consideration of the several particular kinds of felonies to their respective titles; as for instance, Burglary, Coin, Forgery, Homicide, Rape, Robbery, and many others (a); and especially the law relating to stolen goods of all kinds belongs to title Larceny. The method of bringing a felon to justice, from the first commission of the felony to his condemnation and execution, is treated of under the several titles of Hue and Cry, Arrest, Examination, Bail, Commitment, Gaol, Arraignment, Appeal, Indictment, Confession, Jurors, Evidence, Clergy, Judgment, Attainder, Forfeiture, Execu (a) N. B. By stat. 52 G. 3. c. 143. all the provisions contained in any laws imposing the penalty of death for any act done in breach of, or in resistance to, any laws for collecting his majesty's revenue are consolidated. See titles “ Excise," "Post Office," &c. vour in the said gaol for the said time, in contempt of our said sovereign lord the king, and against the form of the statute aforesaid, and against the peace of our said sovereign lord the king, his crown and dignity. Indictment for extortion of a bailiff. County of THE jurors for our lord the of} that A. B. la te of being bailiff of the hundred of in the king upon their oath present, in the said county, yeoman, in the said county, on the year of the reign of at day of in the said county, by pretext and colour of his said office, did unjustly and by extortion take and extort 5s. of one A. I. of in the said county, yeoman, one of the freeholders qualified to serve upon juries in the said county, to excuse the said A. I. from attending or appearing at the assizes that were then next to be holden in and for the said county, when in fact the said A. I. was not returned by the sheriff of the said county in any panel of jurors, and also when indeed no such sum of money was due to the said A. B. for his fee for excusing the attendance or appearance of the said A. I. at the assizes aforesaid, to the evil example of other offenders, to the great damage of him the said A. I. and against the peace of our said lord the king, his crown and dignity. BY Y the 2 & 3 Ed. 6. c. 19. for the encouragement of the fisheries, and the increase of cattle, and the 5 El. c. 5. intituled, "An act touching politic constitutions for the maintenance of the navy," and by the 35 El. c. 7. certain restrictions were imposed with regard to eating on certain fast days; but these statutes have long since fallen into disuse, and may be deemed obsolete. Fees. See Extortion. FELONY is supposed by some to come from the Saxon fel, which Definition. signifieth fierce or cruel; of which the verb fell signifieth to throw down or demolish; and the substantive of that name is used to signify a mountain rough and uncultivated. But the same word, with a little variation, runneth through most of the European languages, and signifieth more generally an offence at large; and the Saxon word fallan signifieth to offend, and fellnissæ an offence or failure; and although felony, as it is now become a technical term, signifieth in a more restrained sense an offence of an high nature, yet it is not limited to capital offences only, but still retaineth somewhat of this larger acceptation; for petit larceny is felony, although it is not capital. According to Sir Henry Spelman's observation, it signifies such an offence for which during the feudal institution a man should lose or forfeit his estate; which he derives of two northern words, fee, which signifies the fief, feud, beneficiary estate, and lon, which signifies price or value. It would swell this title nearly to the size of half the book, to set down every thing which may be comprehended under the word felony; therefore it is necessary to refer the consideration of the several particular kinds of felonies to their respective titles; as for instance, Burglary, Coin, Forgery, Homicide, Rape, Robbery, and many others (a); and especially the law relating to stolen goods of all kinds belongs to title Larceny. The method of bringing a felon to justice, from the first commission of the felony to his condemnation and execution, is treated of under the several titles of Hue and Cry, Arrest, Examination, Bail, Commitment, Gaol, Arraignment, Appeal, Indictment, Confession, Jurors, Evidence, Clergy, Judgment, Attainder, Forfeiture, Execu (a) N. B. By stat. 52 G. 3. c. 143. all the provisions contained in any laws imposing the penalty of death for any act done in breach of, or in resistance to, any laws for collecting his majesty's revenue are consolidated. See titles "Excise," "Post Office," &c. 14 G. 3. c. 20. Prisoner acquitted to be dis charged without fee. See also 55 G. 3. c. 50. title "Gaols," post. 3 Inst. 36. I Hale, 374. I Haw. c. 59. § 1. 3 Inst. 140. I Haw. c. 59. $5. 1 Russ. 210. I Haw. c. 59. § 7. tion. And the course and whole procedure of trying an offender is treated of under the title Sessions, Vol. V. The method of confining offenders to hard labour in penitentiary houses, or in vessels upon navigable rivers instead of transportation, is treated of under the title of Transportation. As to the charge of Commitment, see that title, Vol. I. § 4. Allowance of Expences of Prosecutions, see title Costs, Vol. I. stat. 58 G. 3. c. 70. By the 14 G. 3. c. 20. every prisoner charged with any felony or other crime, or as accessary thereto, before any court holding criminal jurisdiction, against whom no bill of indictment shall be found by the grand jury, or who shall on trial be acquitted, or who shall be discharged by proclamation for want of prosecution, shall be immediately set at large in open court, without the payment of any fee or sum of money to the sheriff, gaoler, or keeper; and such fees as have been usually paid shall cease; and in lieu of such fees the treasurers or proper officers of the county, or of such districts, hundreds, ridings, or divisions of a county as are not usually assessed to the county at large, and of such cities, towns corporate, cinque ports, liberties, franchises, and places not paying to the county rates, shall pay such sum as has been usually paid on that occasion, not exceeding 13s. 4d. for each prisoner, on certificate signed by a judge or justice before whom such prisoner shall have been discharged, out of the general county rate, or public stock of such city, &c. Felons may be charged in execution in a civil action, although their bodies are at the king's disposal. 1 Bos. & Pull. 271. II. Misprision of Felony. Misprision of felony (from the French word mespris, a neglect or contempt,) is the concealing of a felony which a man knows, but never consented to; for if he consented, he is either a principal or accessary in the felony, and consequently guilty of misprision of felony, and more. For it is said that every felony includes misprision of felony, and may be proceeded against as a misprision only, if the king please. The punishment of misprision of felony in a common person, is fine and imprisonment; in an officer, as sheriff or bailiff of liberties, imprisonment for a year, and ransom at the king's pleasure, by the statute of Edw. 1. c. 9. If any person will save himself from the crime of misprision, he must discover the offence to a magistrate with all speed that he can. Misprision in a larger sense is used to signify every considerable misdemeanor, which hath not a certain name given to it in the law. Theftbote (from the Saxon words theft and bote, boot or amends) is, where one not only knows of a felony, but takes his goods again, or other amends, not to prosecute. But the bare taking of one's own goods again, which have been stolen, is no offence, unless some favour be shewn to the thief. This offence is very nearly allied to felony, and is said to have been anciently punished as such; but at this day it is punishable only with ransom and imprisonment, unless it were accompanied with some degree of maintenance given to the felon, which makes the party an accessary after the fact. IV. Rewards for apprehending Felons. By stat. 58 G. 3. c. 70. the several rewards allowed by the five 58 G. 3. c. 70. under-mentioned statutes are abolished. 1. By 4 W. & M. c. 8. § 2. 40l. on the conviction of highwayman. every Rewards on convictions of certain crimes abolished, 2. By 6 & 7 W. 3. c. 17. § 9. 401. on the conviction of a person who has counterfeited or clipped the coin, or has brought into the kingdom clipped or counterfeit coin. 3. By 5 Ann. c. 31. § 1. 40l. on the conviction of every burglar or house-breaker. 4. By 14 G. 2. c. 6. § 2. 10. on the conviction of every sheep stealer, &c. 5. By 15 G. 2. c. 28. § 7. 401. on the conviction of any person of treason or felony, relating to the coin upon this act; and 401. upon conviction for counterfeiting copper money. 4 W. & M. c. 8. 6 & 7W.3. c. 17. 5 Ann. c. 31. 14 G. 2. c. 6. 15 G. 2. c. 28. 4 W. & M. c. 8. But by 4 W. & M. c. 8. § 3. if any person be killed in endeavouring to apprehend a highwayman, the sheriff shall pay the sum of 401. Apprehending to the executors or administrators of the person so killed, immediately Highwaymen. upon the delivery of a certificate to him under the hand and seal of the judge of assize for the county where the fact was done, or of the two next justices of the peace, of such person being so killed. And by § 6. as a further reward, every person so apprehending and prosecuting shall have the horse, furniture, and arms, money, or other goods, of the robber, that shall be taken with him, notwithstanding any right of the crown, or of the lord of the manor, or of those who lend or let the same to hire to such robber. But this shall not take away the right of any person to such horse, &c. from whom the same was before feloniously taken. By 6 & 7 W. 3. c. 17. § 12. if any person being out of prison, shall be guilty of clipping, coining, counterfeiting, washing, &c. the gold or silver coin of this realm, and afterwards discover two or more persons who have committed any of the said crimes, so as two or more be convicted, he shall have the king's pardon; and if he be an apprentice, he shall be made a freeman. By 15 G. 2. c. 28. § 8. the king's pardon is also offered in like manner to persons under similar circumstances, who discover two or more offenders in altering sixpences or shillings to make them look like half guineas or guineas; or altering farthings or halfpence to make them look like sixpences or shillings; or counterfeiting brass or copper halfpence or farthings; or uttering false money. By 5 Ann. c. 31. § 2. if any watchman or other person be killed in endeavouring to apprehend any burglar or housebreaker, his executors or administrators shall have a certificate under the hand and seal of the judge, or of the two next justices of the peace, of such person being so killed, (which certificate they shall give without fee, on sufficient proof made before them, whereupon such executor or administrator shall be entitled to receive the sum of 407. from the sheriff of the county where the fact was committed. 6&7 W. 3. c. 17. For discovering coiners. 15 G. 2. c. 28. 5 Ann. c. 31. Felon discovering § 4. If any person being out of prison, shall commit any burglary or felony as aforesaid, (viz. house-breaking in the day-time), two or more |