See also:

• FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fel

FELONY (0. Fr. felonie, from felon, a word meaning " wicked," See also:

• COMMON

common to Romanic See also:

• LANGUAGES

languages, cf. See also:

• ITALIAN

Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with See also:

• LAT

Lat. fel, See also:

• GALL (a word common to many Teutonic languages, cf. Dutch gal, and Ger. Galle; the Indo-European root appears in Gr. xoXi,, and Lat. fel; possibly connected with " yellow," with reference to the colour of bile)
• GALL, FRANZ JOSEPH (1758-1828)

gall, or fallere, to deceive. The See also:

• ENGLISH

English " fel  l " cruel or fierce, is also connected; and the See also:

• GREEK
• GREEK, ETRUSCAN AND

Greek cgiXvs, an impostor, has also been suggested) . Legal writers have sought to throw See also:

• LIGHT

light on the nature of See also:

• FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fel

felony by examining the supposed See also:

• ETYMOLOGY (Gr. grvµos, true, and X6yos, "account)

etymology of the word . See also:

• COKE (a northern English word, possibly connected with " colk," core)
• COKE, SIR EDWARD (1552-1634)
• COKE, SIR JOHN (1563-1644)
• COKE, THOMAS (1747-1814)

Coke says it is crimen animo felleo perpetratum [a See also:

• CRIME (Lat. crimen, accusation)

crime committed with malicious or evil See also:

• INTENT (from Lat. intend ere, to stretch out, extend, particularly in the phrase intendere animum, to turn one's mind to, purpose)

intent (See also:

• FEE

fee lohn)] . See also:

• SPELMAN, SIR HENRY (c. 1564-1641)

Spelman connects it with the word fee, signifying See also:

• FIEF

fief or See also:

• FEUD

feud; and felony in this way would be See also:

• EQUIVALENT

equivalent to pretium feudi, an See also:

• ACT (Lat. actus, actum)

act for which a See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man lost or gave up his fee (see See also:

• STEPHEN
• STEPHEN (1097?-1154)
• STEPHEN (ISTVAN) BATHORY (1533-1586)
• STEPHEN, SIR JAMES (1789-1859)
• STEPHEN, SIR JAMES FITZJAMES, BART
• STEPHEN, SIR LESLIE (1832-1904)

Stephen's Commentaries, vol. iv. p . 7) . And acts involving See also:

• FORFEITURE (from " forfeit," originally an offence, and hence a fine exacted as a penalty for such; derived through the O. Fr. forfeit, from the late Lat. foris factum, a trespass, that which is done foris, outside)

forfeiture were styled felonies in feudal See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, although they had nothing of a criminal See also:

• CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

character about them . A See also:

• BREACH (Mid. Eng. breche, derived from the common Teutonic root brec, which appears in " break," Ger. brechen, &c.)

breach of See also:

• DUTY (from " due," that which is owing, O. Fr. deu, dil, past participle of devoir; Lat. debere, debitum; cf. " debt ")

duty on the See also:

• PART

part of the See also:

• VASSAL (Fr. vassal, vassaut, vassault, &c,)

vassal, neglect of service, delay in seeking See also:

• INVESTITURE (Late Lat. investitura)

investiture, and the like were felonies: so were injuries by the See also:

• LORD
• LORD (O. Eng. hldford, i.e. hldfweard, the warder or keeper of bread, hlIf, loaf; the word is not represented in any other Teutonic language)
• LORD, JOHN (1810-1894)

lord against the vassal . See also:

• MODERN

Modern writers are now disposed to accept Coke's See also:

• DEFINITION (Lat. definitio, from de-finire, to set limits to, describe)

definition . In See also:

• ENGLISH

English law, crimes are usually classified as See also:

• TREASON (Fr. trahison, Lat. traditio)

treason, felony, See also:

• MISDEMEANOUR (from O. Fr. mes- and demener, to conduct oneself ill)

misdemeanour and See also:

• SUMMARY

summary offence . Some writers—and with some See also:

• JUSTICE (Lat. justitia)

justice—treat treason merely as a See also:

• GRAVE

grave See also:

• FORM (Lat. forma)

form of felony and it is so dealt with in the Juries Detention Act 1897 . But owing to legislation in and since the See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time of See also:

• WILLIAM
• WILLIAM (1143-1214)
• WILLIAM (1227-1256)
• WILLIAM (1J33-1584)
• WILLIAM (A.S. Wilhelm, O. Norse Vilhidlmr; O. H. Ger. Willahelm, Willahalm, M. H. Ger. Willehelm, Willehalm, Mod.Ger. Wilhelm; Du. Willem; O. Fr. Villalme, Mod. Fr. Guillaume; from " will," Goth. vilja, and " helm," Goth. hilms, Old Norse hidlmr, meaning
• WILLIAM (c. 1130-C. 1190)
• WILLIAM, 13TH

William and See also:

• MARY
• MARY (1457-1482)
• MARY (1496-1533)
• MARY, QUEEN OF SCOTS

Mary, the See also:

• PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

procedure for the trial of most forms of treason differs from that of felony . The expression summary offence is ambiguous .

Many offences which are at See also:

• COMMON

common law or by See also:

• STATUTE

statute felonies, or misdemeanours indictable at common law or by statute, may under certain conditions be tried by a See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court 244 of summary See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

jurisdiction (q.v.), and many merely statutory offences which would ordinarily be punishable summarily may at the See also:

• ELECTION
• ELECTION (from Lat. eligere, to pick out)

election of the accused be tried by a See also:

• JURY

jury on See also:

• INDICTMENT (from Anglo-Fr. enditernent, enditer, to charge; Lat. in, against, dictare, declare)

indictment (Summary Jurisdiction Act 1879, S . 17) . The question whether a particular offence is felony or misdemeanour can be answered only by reference to the See also:

• HISTORY

history of the offence and not by any logical test . For instance, killing a See also:

• HORSE (a word common to Teutonic languages in such forms as hors, hros, ros; cf. the Ger. ross)

horse in an unlicensed See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place is still felony under a statute of 1786 . But most crimes described as felonies are or have been See also:

• CAPITAL (i.e. capital stock or fund)
• CAPITAL (Lat. caput, head)

capital offences at common law or by statute, and have also entailed on the offender See also:

• ATTAINT, WRIT OF

attaint and forfeiture of goods . A few felonies were not punishable by See also:

• DEATH

death, e.g. See also:

• PETTY, SIR WILLIAM (1623-1687)

petty See also:

• LARCENY (an adaptation of Fr. larcin, O. Fr. larrecin, from Lat. latrocinium, theft, latio, robber)

larceny and See also:

• MAYHEM (for derivation see MAIMING)

mayhem . Where an offence is declared a felony by statute, the common law punishments and incidents of trial attach, unless other statutory See also:

• PROVISION (Lat. provisio)

provision is made (See also:

• BLACKSTONE, SIR WILLIAM (1723-1780)

Blackstone, Commentaries, iv . 94) . The See also:

• CHIEF (from Fr. chef, head, Lat. caput)

chief common law felonies are: See also:

• HOMICIDE (Lat. homicidium)

homicide, See also:

• RAPE
• RAPE (from Lat. rapere, to seize)
• RAPE (Lat. rapum or rapa, turnip)

rape, larceny (i.e. in See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary See also:

• LANGUAGE (adapted from the Fr. langage, from langue, tongue, Lat. lingua)

language, See also:

• THEFT

theft), See also:

• ROBBERY (from O. Fr. rober, to steal)

robbery (i.e. theft with violence), See also:

• BURGLARY (burgi latrocinium; in ancient English law, hamesucken2)

burglary and kindred offences . See also:

• COUNTERFEITING (from Lat. contra-facere, to make in opposition or contrast)

Counterfeiting the See also:

• COIN
• COIN (older forms of the word are coyne, quoin and coign, all derived through the O. Fr. coing, and cuigne from Lat. cuneus, a wedge)

coin has been made a felony instead of being treason; and See also:

• FORGERY (derived through the French from Latin fabricare, to construct)

forgery of most documents has been made a felony instead of being, as it was at common law, a misdemeanour . At the beginning of the 19th See also:

• CENTURY (from Lat. centuria, a division of a hundred men)

century felony was almost equivalent to capital crime; but during that century capital See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment was abolished as to all felonies, except wilful See also:

• MURDER

murder, piracy with violence (7 W . IV .

& I Vict. c . 88, s . 2) and offences against the See also:

• DOCKYARDS

Dockyards, &c., See also:

• PROTECTION

Protection Act 1772; and by the Forfeiture Act 1870, a felon no longer forfeits See also:

• LAND

land or goods on conviction, though forfeiture on See also:

• OUTLAWRY

outlawry is not abolished . The usual punishment for felony under the See also:

• PRESENT

present law is penal See also:

• SERVITUDE (Lat. servitus, from service, to serve)

servitude or imprisonment with or without hard labour . " Every See also:

• PERSON, OFFENCES AGAINST THE

person cbnvicted of any felony for which no punishment is specially provided by the law in force for the time being is liable upon conviction thereof to be sentenced to penal servitude for any See also:

• PERIOD
• PERIOD (Gr. irepioSos, a going or way round, circuit, aepi, round, and &Sis, way, road)

period not exceeding seven years, or to be imprisoned with or without hard labour for any See also:

• TERM

term not exceeding two years " (Stephen, Dig . Cr . Law (6th ed.), See also:

• ART

art 18, Penal Servitude Act 1891) . A felon may not be fined or whipped on conviction nor put under See also:

• RECOGNIZANCE (from Lat. recognoscere, to acknowledge)

recognizance to keep the See also:

• PEACE
• PEACE, BREACH OF THE

peace or be of See also:

• GOOD, JOHN MASON (1764-1827)

good behaviour except under statutory provision . (See Offences against the Person Act 1861, ss . 5 . 71.) The result of legislative changes is that at the present time the only See also:

• PRACTICAL

practical distinctions between felony and misdemeanour are: That That a private person may See also:

• ARREST (Fr. arrester, arreeter, to stop or stay)

arrest a felon without judicial authority and that See also:

• BAIL

bail on arrest is granted as a See also:

• MATTER

matter of discretion and not as of right . Any one who has obtained a drove of oxen or a See also:

• FLOCK

flock of See also:

• SHEEP
• SHEEP (from the Anglo-Saxon sceap, a word common in various forms to Teutonic languages; e.g. the German Schaf)

sheep by false pretences may go quietly on his way and no one, not even a peace officer, can apprehend him without a See also:

• WARRANT (Med. Lat. warantum; O. Fr. garant, warant, derived from O.H.G. root represented in modern German bygewdhren)

warrant, but if a man offers to sell another a See also:

• BIT (from the verb " to bite," either in the sense of a piece bitten off, or an act of biting, or a thing that bites or is bitten)

bit of dead fence supposed to have been stolen, he not only may but is required to be apprehended by that person (See also:

• GREAVES, JOHN (1602–1652)

Greaves, Criminal Law Consolidation Acts) .

(See ARREST, BAIL.) 2 . That on an indictment for felony See also:

• COUNTS

counts may not be joined for different felonies unless they form part of the same transaction . (See INDICTMENT.) 3 . That on a trial for felony the accused has a right peremptorily to See also:

• CHALLENGE (O. Fr. chalonge, calenge, &c., from Lat. calumnia, originally meaning trickery, from calvi, to deceive, hence a false accusation, a " calumny ")

challenge, or See also:

• OBJECT

object to, the jurors called to try him, up to the number of twenty . (See JURY.) 4 . That a felon cannot be tried in absentia, and that the jury who try him may not See also:

• SEPARATE

separate during the trial without leave of the court, which may not be given in cases of murder . 5 . That a See also:

• SPECIAL

special jury cannot be empanelled to try a felony . 6 . That peers charged with felony are tried in a special manner . (See See also:

• PEERAGE
• PEERAGE (Fr. pairage, med. Lat. paragium; M.E. Pere, 0. Fr. per, peer, later pair; Lat. Paris, " equal ")

PEERAGE.) 7 . That the See also:

• COSTS

costs of prosecuting all felonies (except treason felony) are paid out of public funds: and that a felon may be condemned to pay the costs of his See also:

• PROSECUTION

prosecution and to compensate up to £too for any loss of See also:

• PROPERTY

property suffered by any person through or by means of the felony .

In the Criminal See also:

• CODE (Lat. codex)

Code Bills of 1878-188o it was proposed to abolish the term felony altogether: and in the See also:

• QUEENSLAND

Queensland Criminal Code 189g the term" crime " is substituted, and within its See also:

• CONNOTATION

connotation are included not only treason and piracy but also See also:

• PERJURY (through the Anglo-Fr. perjurie, modern parjure, Lat. perjurium, a false oath, perjurare, to swear falsely)

perjury . 8 . That a See also:

• SENTENCE (Lat. sententia, a way of thinking, opinion, judgment; vote, sentire, to feel, think)

sentence of a felon to death, or to penal servitude or imprisonment with hard labour or for over twelve months, involves loss of and disqualification for certain offices until the sentence has been served or a See also:

• FREE

free See also:

• PARDON (through the Fr. from Late Lat. perdonare, to remit a debt or other obligation on a penalty)

pardon obtained . (Forfeiture Act 1870.) It is a misdemeanour (i.) to See also:

• COMPOUND
• COMPOUND (from Lat. componere, to combine or put together)

compound a felony or to agree for valuable See also:

• CONSIDERATION (from Lat. considerare, to look at closely, examine, generally taken to be from con-, and the base seen in sidus, sideris, a star, the word being supposed to be originally an astrological or astronomical term)

consideration not to prosecute or to show favour in such prosecution; (ii.) to omit to inform the authorities of a felony known to have been committed (see See also:

• MISPRISION (from O. Fr. mesprendre, mod. meprendre, to misunderstand)

MISPRISION), and, (iii.) not to assist in the arrest of a felon at the See also:

• CALL (from Anglo-Saxon ceallian, a common Teutonic word, cf. Dutch kallen, to talk or chatter)

call of an officer of the law .