A Reply to Buffon's Epochs of Nature; Remarks on the Newtonian Philosophy; a Geographical Dictionary; and a literary and historical journal entitled Clef des Cabinets, published at Luxemburgh from 1774 to 1794. He died at Ratisbon in 1802.

FELLER (Joachim), a German poet, was a native of Zwickhau, and born in 1638: he was chosen professor of poetry at Leipsic in 1661. At an early age he wrote a poem on the passions. His principal compositions, which he wrote in Latin, are Flores Philosophici; Nota in Lotichicii eclogam, &c.; Cygni quasimodo geniti sanctæ virorum celebrium Cygnea (Zwickhau) veterum; and some annotations on the works of Horace. In 1676 he became librarian to the university of Leipsic. Having contracted a habit of walking in his sleep, he fell at length from a window during one of his fits of somnambulism, and died in 1691, from the effects of the fall.

FELLER (Joachim Frederick), son of the above, was born in 1673 at Leipsic, where he graduated in philosophy. The duke of Weimar appointed him his secretary in 1706, a situation he filled during twenty years; travelling a considerable part of the time, under his patron's auspices. He published Monumenta varia inedita, in twelve 4to numbers, printed in 1714 at Jena; a Genealogy of the House of Brunswick Lunenburgh, 8vo.; Otium Hanoverianum; and Miscellanea Leibnitiana; and died in 1726. FELLIF'LUOUS, adj. Lat. fel and fluo. Flowing with gall.

FE'LLOE, n. s. Dan. and Teut. felge. The circumference of a wheel; the outward part. It is often written fally or felly.

Shakspeare. Sax. pelap; Goth. felag, a companion; community; Swed. fælage; Scot. fallow, quasi, to follow', Minsheu, from Sax. Fe, faith, and lag, bound.Junius. A companion ; associate; equal; one of a literary community, or privileged fraternity of scholars; one of the same kind; one of a pair: a familiar compellation, and appellation, sometimes expressing mere familiarity, at other times contempt, pity, and even abhorrence: to fellow is to suit, or pair with: fellowship is

What if ony of the branchis ben broken whanne thou were a wielde olyue tree art graffid among hem, art maad felowe of the roote and of the fatnesse of the olyue tree" Wiclif. Romaynes xi. Now, therefore, ye are no more strangers and foreigners, but fellow-citizens, with the saints.

Ephes. xi. 19. The Gentiles should be fellow-heirs. Id. iii. 6. bour, and fellow-soldier. Epaphroditus, my brother and companion in laPhil. ii. 25. Those only are my fellow-workers to the kingdom of God. Col. iv. 11. There salute thee Epaphras, my fellow-prisoner in Christ, &c. Philem. 23. We ought to receive such, that we might be fellowhelpers to the truth. 3 John, 8. In youth I had twelve fellows like unto myself, but not one of them came to a good end. Ascham. One seed for another to make an exchange, With fellowly neighbourhood seemeth not strange.

are

Tusser.

Those laws do bind men absolutely, even as they fellowship, never any solemn agreement among themmen, although they have never any settled selves.

Hooker. Most of the other Christian princes were drawn into the fellowship of that war. Knolles. To be your fellow, You may deny me: but I'll be your servant, Whether you will or no. Shakspeare. Tempest. I have great comfort from this fellow: methinks he hath no drowning mark about him; his complexion is perfect gallows.

Imagination,
With what's unreal, thou co-active art,
And fellowest nothing.

Id.

Shakspeare.

This is Othello's ancient, as I take it. --The same indeed; a very valiant fellow. Id. Cassio hath here been set on in the dark

Id.

By Roderigo, and fellows that are 'scaped. To quench mine honour; they add shame to make me Wait else at door; a fellow-counsellor Among boys, grooms, and lackeys.

Id. Henry VIII. She, questionless, with her sweet harmony, Is with her fellow-maidens now within.

Id. Pericles.

The fellow had taken more fish than he could spend while they were sweet. L'Estrange.

A shepherd had one favourite dog: he fed him with his own hands, and took more care of him than of his fellows. Id.

It is a high degree of inhumanity not to have a fellow-feeling of the misfortune of my brother. Id. He cannot appropriate, he cannot inclose, without the consent of all his fellow commoners, all mankind. Locke. God having designed man for a sociable creature, made him with an inclination, and under the necessity to have fellowship with those of his own kind.

Id.

We have one peculiar elegance in our language above all others, which is conspicuous in the term 'fellow.' This word, added to any of our adjectives, extremely varies, or quite alters the sense of that with which it is joined. Thus, though a modest man' is the most unfortunate of all men, yet a modest fellow is as superlatively happy. A modest fellow' is a ready creature, who, with great humility, and as great forwardness, visits his patrons at all hours, and meets them in all places, and has so moderate an opinion of himself, that he makes his court at large. Tatler.

Since they cannot raise themselves to the reputation of their fellow-writers, they must sink it to their own pitch, if they would keep themselves upon a level with them. Addison.

When virtue is lodged in a body, that seems to have been prepared for the reception of vice; the soul and the body do not seem to be fellows. Id. Spectator.

We in some measure share the necessities of the poor at the same time that we relieve them, and make ourselves not only their patrons but fellow-sufferers. Id.

Their fathers and yours were fellow-servants to the same heavenly master while they lived; nor is that relation dissolved by their death, but ought still to operate among their surviving children. Atterbury. Even your milkwoman and your nurserymaid have a fellow-feeling. Arbuthnot. You'll find, if once the monarch acts the monk,

Or, cobler-like, the parson will be drunk,
Worth makes the man, and want of it the fellow;
The rest is all but leather and prunella.

Pope.

The bleeding condition of their fellow-subjects was a feather in the balance with their private ends.

Swift. If you have no fellow-student at hand, tell it over with your acquaintance. Watts's Logick. We signify our being united to each other as fellowmembers. Whole Duty of Man. Self-knowledge, moreover, implies a due attention to the several relations in which we stand to our fellow-creatures; and the obligations that result from thence. Mason.

When blockheads rattle the dice-box, when fellows of vulgar and base minds sit up whole nights contemplating the turn of a card, their stupid occupation is in character. Cumberland.

own,

A young fellow who seems to have no will of his and does every thing that is asked of him, is called a very good-natured, but at the same time is thought a very silly, young fellow. Chesterfield. Their poet, a sad trimmer, but no less

In company a very pleasant fellow,
Had been the favourite of full many a mess
Of men, and made them speeches when half mellow.

FELO-DE-SE. See SUICIDE.
FEL'ON, n. s. & adj.
FELO'NIOUS, adj.
FELO'NIOUSLY, adv.
FELON'OUS, adj.
FELONY, n. s.

Byron.

Sax. Fel; Goth. and Swed. fel, a fault; Fr. felon; Low. Lat. felo; Minsheu says, from fell, crime, and one. One who has committed a serious crime; a capital offender; a whitlow as an adjective, fierce; cruel; inhuman; wicked; which is also the meaning of felonious and the obsolete felonous: felony is legally defined in our article.

FELO-DE-SE, n. s.

Cowper.

Next view in state, proud prancing on his roan, The golden-crested haughty Marmion, Now forging scrolls, now foremost in the fight, Not quite a felon, yet but half a knight, The gibbet or the field prepared to grace, A mighty mixture of the great and base. Byron. FELONY, says Blackstone, in the general acceptation of the law, comprises 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 was to be inflicted: for those felonies that 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 comprised under the name of felony: and, in confirmation of this, we may observe that the statute of treasons, 25 Ed. III. c. 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 all offences now capital are in some degree or other felony: but this is likewise the case with some other offences which are not punished with death; as suicide, where the party is already dead; homicide by chance-medley, or in self-defence; and petit larceny, or pilfering; all of which are, strictly speaking, felonies, as they subject the committers of them to forfeitures. So that, upon the whole, the only adequate definition of felony seems to be, an offence which occasions a total forfeiture of 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. To explain this farther: The word felony, or felonia, is of undoubted feodal original, being frequently to be met with in the books of feuds, &c.; but the derivation of it has much puzzled the juridical lexicographers, Pratæus, Calvinus, and the rest: some deriving it from the Greek pŋλoç, an impostor or deceiver; others from the Latin fallo, fefelli, to countenance which they would have it

called felonia. Sir Edward Coke has given us a still stranger etymology; that it is crimen animo felleo perpetratum, 'with a bitter or gallish inclination.' But all of them agree in the description, that it is such a crime as works a forfeiture of all the offender's lands or goods. And this gives a great probability to Sir Henry Spelman's Teutonic or German derivation of it: in which language indeed, as the word is clearly of feodal original, we ought rather to look for its signification, than among the Greeks and Romans. Fe-lon then, according to him, is derived from two northern words; fee, which signifies the fief, feud, or beneficiary estate; and lon, which signifies price or value. Felony is therefore the same as pretium feudi, 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 will clearly signify the feodal forfeiture, or act by which an estate is forfeited, or escheats, to the lord.

To confirm this, we may observe, that it is in this sense, of forfeiture to the lord, that the feodal writers constantly use it. For all those acts, whether of a criminal nature or not, which at this day are generally forfeitures of copy-hold estates, are styled felonia in the feodal law: scilicet, per quas feudum amittitur.' As 'si domino deservire noluerit; si per annum et diem cessaverit in petenda investitura: si dominum ejuravit, i. e. negavit se à domino feudum habere; si à domino in jus eum vocante, ter citatus non comparuerit;' all these, with many others, are still causes of forfeiture in our copy-hold estates, and were denominated felonies by the feodal 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 dominium cucurbitaverit, i. e. cum uxore ejus concubuerit:' all these are esteemed felonies, and the latter is expressly so denominated, si fecerit feloniam, dominium 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 the vassal would have forfeited his feud to the lord. 'Si dominus commisit felonian, per quam vasallus amitteret feudum si eam commiserit in dominum, feudi proprietatem etiam dominus perdere debet. One instance given of this sort of felony in the lord is beating the servant of his vassal, so as that he loses his services, which seems merely in the nature of a civil injury, so far as it respects the vassal. And all these felonies were to be deterinined, 'per juramentum sive judicium parium suorum,' in the lord's court; as with us forfeitures of copy-hold lands are presentable by the homage in the court-baron. Felony, and the act of forfeiture to the lord, being thus synonymous terms in the feodal law, we may easily trace the reason why, upon the introduction of that law into England, those crimes which induced such forfeiture or escheat of lands (and, by a small deflexion from the original

sense, such as induced the forfeiture of goods also) were denominated felonies. Thus it was that suicide, robbery, and rape, were felonies; that is, the consequence of such crimes was forfeiture; till by long use we began to signify, by the term felony, the actual crime committed, and not the penal consequence. And upon this system only can we account for the cause why treason, in ancient times, was held to be a species of felony; because it induced a forfeiture. Hence it follows, that capital punishment does by no means enter into the true idea and definition of felony. Felony may be without inflicting capital punishment, as in the cases instanced of self-murder, excusable homicide, and petit larceny as in case of heresy by the common law, which, though capital, never worked any forfeiture of lands or goods, an inseparable incident to felony. And of the same nature was the punishment of standing mute, without pleading to an indictment; which at the common law was capital, but without any forfeiture, therefore such standing mute was no felony. In short the true criterion of felony is forfeiture; for, as Sir Edward Coke justly observes, in all felonies which are punishable with death, the offender loses all his lands in fee simple, and also his goods and chattels; in such as are not punishable, his goods and chattels only. The idea of felony is indeed so generally connected with that of capital punishment, that we find it hard to separate them; and to this usage the interpretations of the law now conform. And therefore, if a statute make any new offence felony, the law implies that it shall be punished with death, viz. by hanging as well as with forfeiture: unless the offender prays for benefit of clergy; which all felons are entitled once to have, unless the same is expressly taken away by statute. If a statute make the doing of an act felonious, and a subsequent act make it penal only, the latter is considered as a virtual repeal of the former.

Felonies are several, and cannot be joint; so that the pardon of one felon cannot discharge another; though the felony of one man may be dependent upon that of another. Henry I. was the first who ordered felons to be hanged, about the year 1108. The judgment against a man for felony has been the same since the reign of that king, i. e. that he be hanged by the neck till dead; which is entered suspendatur per collum, &c., 4 Inst. 124. As well as loss of life, felony is punished with forfeiture of lands not entailed, goods and chattels. Heretofore felony worked corruption of blood; unless a statute making an offence felony ordained it otherwise, as many statutes did; and at last, by stat. 54 Geo. III. c. 145, no corruption of blood takes place for any felony (not treason) except murder or petty treason.

The punishment of a person for felony, by our ancient books, is 1. To lose his life: 2. To lose his blood, as to his ancestry, and so as to have neither heir nor posterity; 3. To lose his goods; 4. To lose his lands, and the king shall have annum diem et vastum, to the intent that his wife and children be cast out of the house, his house pulled down, and all that he

Private persons may arrest felons by their own authority, or by warrant from a justice of peace; and every private person is bound to assist an officer to take felons, &c. But no one ought to be arrested upon suspicion of felony, except there be probabilis causa showed for the ground of the suspicion. If a felony is not done by a man, but some person else, if another hath probable cause to suspect he is the felon, and accordingly doth arrest him, this is lawful and may be justified. But, to make good such justification, there must be in fact a felony committed by some person, without which there can be no ground of suspicion. 2 Hale's Hist. P. C. 78.

A private man arresting one for felony, cannot justify breaking doors, to take the party suspected; but he doth it at his peril, viz if in truth he be a felon it is justifiable; but if innocent, then it is not. To prevent a murder, or manslaughter, private persons may break doors open. 2 Hale 82. Officers may break open a house to take a felon, or any person justly suspected of felony; and if an officer hath a warrant to take a felon, who is killed in resisting, it is not felony in the officer; but if the officer is killed it is otherwise.

3

Watchmen and beadles have authority at common law to arrest and detain in prison for examination by a magistrate, persons walking in the streets at night, whom there is reasonable ground to suspect of felony, although there is no proof of a felony having been committed. W. P. Taunton, 14. Persons indicted of felony, &c., where there are strong presumptions and circumstances of guilt, are not replevisable; but for larceny, &c., when persons are committed who are of good reputation, they may be bailed. 2 Hawk. P. C. The former part of the position must be, with an exception to the power of the court of king's bench.

If one be committed to prison for one felony, the justices of gaoi delivery may try him for another felony, for which he was not committed, by virtue of their commission, 1 Lil. 602. In the highest crime, and in the lowest species of felony, viz. in petit larceny, and in all the misdemeanors, standing mute hath always been an equivalent to conviction. But upon appeals or indictments for other felonies, or petit treason, the prisoner was not by the ancient law looked upon as convicted, so as to receive judgment for the felony, but should, for his obstinacy, have received a terrible sentence of penance, or peine forte et dure. See MUTE, STANDING.

Where a married woman comm its felony, in 'company with her husband, it shall be presumed to be done by his command, and she shall be excused. 3 Inst. 310. Where one steals another's goods, and a third person feloniously

:

takes them from him, he is a felon as to both the others. There is also a pretence of title to things unlawfully taken, which maybe only a trick to color felony: the ordinary discovery of a felonious intent is, if the party doth it secretly, or being charged with the goods denies it. If a person to whom goods are delivered, on a pretended buying them, runs away with them, it is felony and a guest stealing plate set before him at an inn, &c. is felony; also persons who have the charge of things, as a servant of a chamber, &c., may be guilty of felony: and the least removing of a thing in attempts of felony, is felony, though it be not carried off. 3 Inst. 308. Raym. 275. But base kinds of goods, such as dogs, &c., being stolen, cannot constitute a felony: nor feræ naturæ, as deer, hares, &c., except they be made tame, when it will be felony to steal them. If any turkeys, geese, poultry, fish in a trunk, &c., are taken away, it is felony. 3 Inst. 309, 310. Stealing of tame peacocks is felony; so of herons and young hawks in their nests; it is otherwise of pheasants, partridges, conies, &c., although they be so kept that they cannot escape; if they be not reclaimed and known. The owner of goods stolen prosecuting the felon to conviction, cannot recover the value of them in trover from the person who purchased them in market overt, and sold them again before conviction, notwithstanding the owner gave him notice of the robbery, while they were in his possession; but he has a right to restitution of the goods in specie. 2 Term Rep. K. B. 750.

Under the term felony, in commissions, &c., are included petit treason, murder, homicide, burning of houses, burglary, robbery, rape, &c., chance-medley, se defendendo, and petit larceny. All felonies punishable according to the course of the common law, are either by the common law or by statute. Piracy, robbery, and murder on the sea, are punishable by the civil statute law. 1 Inst. 391.

Felony, by the common law, is against the life of a man; as murder, manslaughter, felo de se, se defendendo, &c. Against a man's goods, uch as larceny and robbery: against his habitation, as burglary, arson or house-burning and against public justice, as breach of prison. 3 Inst. 31. It is not easy to recapitulate the vast variety of offences which are made felony, by the almost innumerable statutes which have been from time to time made on this subject: which we are happy to believe is, at the period we are writing, undergoing important revision in the highest quarter. But we copy from Sir T. E. Tomlyn's Law Dictionary the following genral account of felonies, by statute; within clergy, and without.

FELONIES WITHIN CLERGY. Armour, the king's, embezzling.-Assaults, with intent to spoil persons' dress; or with intent tc rob.-Bail, personating: before commissioners.-Bank paper, forging or preparing.-Bigamy.-Bills of Erchange, foreign, forging. Bleaching grounds, robbing.-Bridges, destroying, several specified in different statutes Burning ricks of corn, ay, &c.--Cattle, sheep, &c. killing in the night maliciously, or slaughtering horses without notipe-Child-stealing.-Cloth, stealing from ten

ters, third offence.-Collieries, destroying engines to drain.-Commons, destroying enclosures of.Copper, removing from a house to steal it, assisting therein, or buying it when stolen.-Corn, destroying granaries; second offence.-Customs, harbouring smugglers, and assisting to run goods.-Deer stealing.— Dikes, cutting in marsh land.-Fishing in enclosed pond, &c., with intent to steal; or buying stolen fish.- Foreign State, going out of the realm to serve without taking the oath of allegiance.- Forests, destroying enclosures in; third offence.-Forgery of bank bills, foreign bills, customs' debentures, stamps for marking plate, &c.-Frame-workknitting machines, destroying.-Gaoler, forcing a prisoner to become an approver (impeacher). Hawk, stealing.-Hunting, in the night or in disguise.-Jewels and plate stolen, receiving of. Iron bars fixed to buildings, stealing.— King or his council, conspiring to destroy.-Laborers; confederacy of masons against the statute of laborers.-Lead; entering black-lead mines with intent to steal; stealing lead affixed to buildings; or buying or receiving it when stolen.-Locks, floodgates, sluices or banks, destroying.—Maiming another.-Marriage, clandestine, solemnising.-Miscarriage, attempting to procure though the woman be not quick with child.-Money; exporting silver, importing false money, blanching copper, putting off counterfeit money, or counterfeiting copper money, or tokens issued by the bank.— Mutiny and desertion in seamen or soldiers.-Oysters and their brood, taking from beds.-Palaces of the king, entering with intent to steal.-Pewter, stolen, buying or receiving.-Plague, persons infected with, going out of doors.-Polygamy, or bigamy.-Post-office, frauds in, as to postage of letters.-Privily stealing from the person.-Process, opposing execution of, in pretended privileged places.—Public works, injuring or damaging.-Records, withdrawing or secreting.- Resucing prisoners for treason or felony; or offenders against statutes concerning spirituous liquors; or offenders condemned to hard labor; or bodies of murderers.

- Robbery, of furniture from lodgings; assaulting with intent to rob.-Rogues, incorrigible, escaping from the house of correction or offending a second time.--Servants taking their master's goods at his death; assaulting master woolcomber or weaver; embezzling goods to the value of 40s.--Sheep, exporting alive; second offence.-Ships, destroying; forcibly preventing the lading, sailing, &c., of ships by seamen, keelmen, and others. Smugglers, assisting, &c.,

Stamp duties, frauds respecting.-Stolen goods, buyers or receivers of, or person taking reward to discover.-Stores, government, embezzling.Trees, shrubs, &c., destroying in nurseries or gardens to the value of 5s.-Turnpikes, gates, toll-houses, &c., destroying.— Warrens, entering in the night and killing conies.- Watermen,carrying too many passengers, if any drowned.-Woods. setting fire to.

FELONIES WITHOUT CLERGY. Abortion, procuring.-Accessaries, in certain cases.— Aliens returning from transportation. Arson.— Bail, personating.-Bank of England,clerks embezzling notes; altering dividend warrant. &c.; pape