SECT. V.

Obfervations on the foregoing Sec

WHA

tion.

AT has been faid above with respect to forfeitures in High Treafon may be applied to forfeitures in Petit Treason; they feem to be equally impolitic and fevere. It must be observed nevertheless, that the difference of the forfeiture with respect to entailed lands upon attainder, is very material; and it feems difficult to conceive, why the fame diftinction fhould not hold with respect to lands in fee.

CHAP.

B

CHA P. III.

SECT. I.

Of Felonies.

EFORE we proceed to treat of Felonies, it may not be improper previoufly to take notice of the impropriety of confounding crimes of a very different fpecies under one general head of Felony, which is both contrary to the nature of things, and the true meaning of the word.

Lord Coke inclines to think, that Felony is derived from the Latin, fel, and he defines it thus: Ex vi termini fignificat quodlibet capitale crimen felleo animo perpetratum; and it was antiently, he adds, of fuch extent, as to include high treafon.

This, however, with the utmost deference to fuch refpectable authority, feems to be no very fatisfactory definition of Felony, which does not only fignify quodlibet capi

tale

tale crimen, but comprizes many crimes which are not capital, nor yet can be faid to be perpetrated felleo animo; fuch as chance-medley, fe defendendo, petty larceny, &c. which are deemed Felonies in law, but are neither capital, nor committed felles animo.

Nay, there are capital offences which cannot be faid to be done felleo animo; grand larceny, for inftance, or the stealing of goods above the value of twelve pence, cannot be faid to be done with a bitterness of heart, which feems to imply a malicious difpofition in the offender towards the perfon of the injured; whereas this offence may be, and is frequently, committed where the person of the injured is utterly unknown to the delinquent: and, indeed, in all cafes of grand larceny, the fraudulent intention cannot be prefumed to be accompanied with what is usually understood by the words felleo animo, which express a bitterness of dif pofition.

The learned Spelman's diftinction feems rather more fatisfactory. He fuppofes it to

come

come from the Saxon word feal, which fignified a reward or eftate; and the German word lon, which, in Englife, means price. Felony being formerly punished with the price or lofs of estate; many, indeed most Felonies, before the time of Hen. I. were punished by pecuniary fines, and he was the first who ordered felons to be hanged, about the year 1108.

But whatever may be the etymology of the word, it seems highly improper to confound crimes of diftinct fpecies under one genus. This tends to confound our ideas of delinquency, and establish a technical division of offences, which is inconfiftent with propriety of language, as well as repugnant to natural reason, with which all laws fhould coincide.

We must be content, however, to take the matter as it ftands, and therefore let us return to the confideration of Felonies; of which the first divifion relates to public offences.

SECT.

A

SECT. II.

Of Public Felonies.

S it is not proposed to make a technical analysis of criminal offences, but only to take fuch a general view of the fubject as may tend to illuftrate the principles intended to be established; I shall therefore pafs flightly over Public Felonies, and content myself with a bare enumeration of them.

They relate, 1. To coin. 2. To Felonies against the king and his counfellors, &c. 3. To Felonies of foldiers and mariners. 4. To Felony, by embezzling the king's armour. 5. To Felonies relating to popish priests. 6. To Felonies by rioters. And, 7. To Felonies by breach of prifon, efcape, and rescues, and to the revenue and trade.

Of thefe it will be fufficient to observe, that most of them are offences merely political, and that none of them, for reafons already