303 
F E L 
.FE'LONOUS, adj. Wicked. Notufed: 
I am like for defperate dole to die, 
Through felonous force of mine enemy. Spenfer. 
FE'LONS’ GOODS. The ftatute de Prarogativa regis , 
17 Edw. II. c. 1, grants to the king, among other things, 
the goods of felons and fugitives. If the king grant to 
a man and his heirs felons’ goods, the grantee cannot de- 
vife them, &c. on the ftatute 32 Hen. VIII. c. 1, becaufe 
they are not of a yearly value; but where a perfon is 
feifed of a manor, to which they are appendant, it is 
otherwife, for they will pafs as appurtenant. 3 32. 
FE'LONY, f. [ fclcnie , Fr . felonia, low Lat.] A term of 
law, including, generally, all capital crimes below trea- 
ion. This word is of feudal original ; but as to the de¬ 
rivation of which authors differ. Some deduce it from 
Gr. an impolfor; from falio, Lat. to deceive; and 
lord Coke fays it is crimen fellco ammo perpetratum. All, 
however, agree, that it is fuch a crime as occafions a for¬ 
feiture of the offender’s lands or goods : this, therefore, 
gives great probability to Spel man’s derivation front the 
Teutonic or German fee, a feud or fief, and Ion, price or 
value. Spelm. in verb. Felon. —Felony, according to this 
derivation, is the fame as pretium feudi ; the confideration 
for which a man gives up his fief or eftate ; as in common 
fpeech it is faid, fuch an act is as much as one’s life or 
eftate is worth. In this fenfe, it will clearly fignify the 
feodal forfeiture, or rather the aEl by which an eftate is 
forfeited or efeheats to the lord. \Co?nm. 95. Felony, 
therefore, in the general acceptation of law, comprifes 
every fpecies of crime which occafion the forfeiture of 
lands or goods. This mo ft frequently happens in thofe 
crimes for which a capital punifiiment, either was or is 
liable to be inflitted : for thofe felonies which are called 
clergyable, or to which the benefit of clergy extends, were 
anciently punifhed with death in lay or unlearned offend¬ 
ers, though now by the ftatute-law that punifhment is for 
the firft offence univerfally remitted. Treafon itfelf 
(fays Coke, 3 Lift. 15,) was anciently comprifed under 
the name of felony. And not only all offences now ca¬ 
pital are, in fome degree or other felony ; but this is like- 
wife the cafe with fome other offences, which are not jhi- 
nifhed with death ; as filicide, where the party is already 
dead; homicide, by chance medley, or in felf-defence; 
and petty larceny or pilfering : all which are, ftridtly 
fpeaking, felonies, as they lubject the committers of 
them to forfeitures : fo that upon the whole, the only 
adequate definition of felony feems to be this, viz. “ An 
offence which occafions a total forfeiture of either lands 
or goods, or both, at the common law ; and to which 
capital or other punifiiment maybe fuperadded, according 
to the degree of guilt.” 
It is not very eafy to recapitulate the vaft variety of 
offences which are made felony, by the alnioft innumera¬ 
ble (fatutes which have been from time to time found ne- 
cefiary, to reftrain mankind within thofe bounds which 
the fecurity of fociety requires. Unfortunately tliefe 
are continually increaling; as the penalties of death or 
tranfportation have, after repeated trials, in many in- 
ftances been found by experience, to be the only means 
of preventing the increafe of crimes ; from the commif- 
fion of which milder punifiiments were infufficient to de¬ 
ter offenders. A general lift is. here fubjoined of felonies 
by ftatute; within clergy, and without. For the particulars 
relative to each offence, fee under the proper titles in 
this Encyclopaedia ; particularly Larceny, Robbery, 
Accessary, &c. 
Felonies within clergy. — Armour, the king’s, em¬ 
bezzling AJJaults, with intent to fpoil perfons’ drefs.— 
Bail, perfonating, before commifiioners.— Bridges, deftroy¬ 
ing, as fpecified in different ftatutes.— Burning ricks of 
corn, hay, &c.<— Cattle, (keep, Sec. killing in the night 
malicioufly, or fiaughtering horfes without notice.— Cloth, 
stealing from tenters, third offenc e. — Colleries, deftroying 
engines to drain.— Commons, deftroying inclofures of,— 
F E L 
Copper, removing from a houfe to fteal it, aflifting therein, 
or buying it when ftolen.— Corn, deftroying granaries, fe- 
cond offence. —Ciifloms ; harbouring fmugglers and aftift- 
ing to run goods.— Dikes, cutting, inmarlh land.— Fijhing 
in inclofed ponds, Sec. with intent to fteal, or buying 
ftolen fifti. —Foreign State, ferving.— Forgery of bank bills, 
and damps for marking plate.— Gaoler, forcing a prifoner 
to become an impeacher.— Hanxik, dealing.— Hunting, in 
the night, or in difguife.— Jewels and plate , ftolen, receiv¬ 
ing of.— Iron bars fixed to buildings, dealing.— King, or 
bis council, confpiring to deftroy.— Labourers ; confede¬ 
racy of mafons againft the ftatute of labourers .—Lead ; 
entering black lead mines with intent to fteal ; dealing 
lead affixed to buildings; or buying or receiving it when 
ftolen.— Locks, floodgates, Unices, or banks, deftroying.— 
Maiming another.— Marriage, clandeftine, lolemnizing.— 
Moneys exporting filver, importing falfe money, blanch¬ 
ing copper, putting off" counterfeit money, or counter¬ 
feiting copper money.— Mutiny and defection in feamen 
or foldiers.— Palaces of the king, entering, wit It intent to 
fteal.— Pewter, ftolen, buying or receiving.— Plague, per¬ 
fons infected with, going out of doors.— Polygamy , or bi¬ 
gamy.— Pojl-office frauds in, as to poftage of tetters.—> 
Procejs, oppofing execution of, in privileged places.— 
Records, withdrawing or fecreting.— Refcuing prifoners for 
treafon or felony ; or offenders againft ftatutes concerning 
fpirituous liquors ; or offenders condemned to hard la¬ 
bour ; or bodies of murderers.— Robbery , of furniture 
from lodgings; affaulting with intent to rob.— Rogues, in¬ 
corrigible, efcaping from the houfe of correction,, cr of¬ 
fending a fecond time.— Servants, taking their mailers 
goods at bis death ; affaulting mailer woolcontber or 
weaver ; embezzling goods to the value of forty (hillings. 
— Sheep, exporting, alive, fecond offence.— Ships, deftroy¬ 
ing ; forcibly preventing the lading, failing, Sec. of (hips 
by feamen, keelmen, and others.— Stamp duties, certain 
frauds in.— Stolen goods, buyers or receivers of, or perfon 
taking reward to dilcover.— Stores, government, embez¬ 
zling.— Trees , ftirtibs, Sec. deftroying in nurferies or gar¬ 
dens to the value of five (hillings.— Turnpikes , gates, toll- 
houfes, &c. deftroying.— Warrens, entering, in the night, 
and killing conies.— Watermen, carrying too many paff’en- 
gers, if any drowned.— Woods, fetting fire to. 
Felonies without benefit of clergy.— Acceffa- 
ries, in certain cafes.— Bail, perfonating .—BankoJ England, 
clerks imbezzling notes ; altering dividend warrants, Sec. 
paper makers unauthorifed ufing moulds for notes.— 
Banks of the fea, deftroying.— Bankrupt, not furrendering ; 
concealing hiseftate, &c.— Baflard, concealing death of.— 
Black a El, offenders under .—Bleaching grounds, robbery of. 
— Bridges, wilfully damaging thofe of" London, Weftmin- 
fter, and Fulham.— Burglary. — Burning, houfes, or barns 
with corn.— Cattle, ftealing .—Challenging jurors, above 
twenty, in felonies oulted of clergy.— Cloth, ftealing from 
the tenters .—Coal mines, fetting fire to.— Cottons, felling 
with forged flumps.— Cujloms, fmugglers (hooting at or 
wounding officers of the navy or culfom-houfe ; har¬ 
bouring tranfported offenders ; not furrendering on pro¬ 
clamation.— Deer-Jltaling, fecond offence.— Deeds, inrolled, 
acknowledging in the name of another.— Fens, deftroying 
works for draining of.— Fines, acknowledging in another’s 
name.— Forgeries, of deeds, transfers of flock, damps, re- 
gifters, Sec. — Hops, cutting the binds.— HorJ'e-Jlealing - 
Judgments, acknowledging in another’s name.— Letters, 
threatening, fending ; or refcuing offenders fo doing.-— 
Linen, ftealing, from bleaching grounds ; or cutting or de¬ 
ftroying.— Mail, robbing, or ftealing letters from poft- 
oftice.— Maiming, malicioufly lying in wait for that pur- 
pofe. — MarJ/ies, fetting fire 10 engines for draining.—• 
Mariners, wandering without teftimonials; 39 FJiz. c. 17.— 
Miles or dykes, deftroying.— Money, uttering falfe money, 
third offence.— Murder. — Mute, (landing on trial for trea- 
fon or felony .—Northern borders, thieves and fpoilers in 
Cumberland, Northumberland, Weftmorland, and Dur¬ 
ham.— Outlawry, for felonies without clergy.— Perjury , 
4 convicts 
