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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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only as the Almighty God , but not as him who is immutable in his resohrfe »«" As such , however , ( for that is the sense of the subsequent verses , ) you shall now learn to know me . To them J promised Canaan , but to you do I now give it , &c . &e .
Errata in last Number . Elohim—p . 534 , vii . 14 , read nay ^ Di instead of ley ^> m . Jehovah—p . 535 , viii . 21 , read * n # bbp * > instead of Ttp .
Jehovah——p . 536 , vi . 6 , read in ? b * nirjmn instead of nrynn \ 2 h xh . Jehovah—T % e Waters of the Deluge—p . 538 , vM . 17 , read iKttfO instead of ntTMl . Elohim—Division of Created Things —p . 539 , viii . 17 read ntt ^ a ^ O instead of ntto MD .
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No . CCCXCVI . Definition of " Felony " Felony is a word of which the sense appears to have undergone several
revolutions . Some etymologists , to shew that they understood Greek , derived it from the Greek . If they had understood Arabic , they woulu not have failed to find for it an Arabic
origin . Sir Edward Coke , who knew nothing of Greek , but who knew a little Latin , and who never lost any opportunity of displaying thait littlemakes the word felony come from / W , ( fiely ) gall . With as much probability he might have insisted upon its
coming from felis , a cat , a treacherous , cunning animal . Another derivation is brought from two Anglo-Saxon words 3 Tee , which in that ancient tongue , ancf in modern English , means a species of property or money given
upon certain occasions ; and Ion , which , in modern German , signifies priw ; price . Fee-Ion of consequence signifies pretium feudi . The author of the Commentaries on the Laws of Englaud adopts this last etymology . But felony is a tftrat which implies an
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active sense ; it represents an action , and should , I think , be derived from a verb , rather than from two substantives , which , taken sepamtely or conjointly , have no active signification The verb f altere is probably the origin of the French faHiir . There Is an
Anglo-Saxon verb which is probably the root of the English verb to faii . By a metaphysical process , very common in all languages , this word ; passing from the direct to the figurative sense , has been brought to signify , falling into in
error—being fault—failing in duty — falling off from allegiance . This derivation is one of Spehnan ' s , which appears to me the most natural and rational . But here is quite enough about the word felony . > ¦ No matter where it comes from , provided it goes
away . When this word was brought into English jurisprudence after the Ncpr man conquest , it was applied only to a small number of crimes , which were of the greatest enormity : robbery committed arms in hand—arson
homicide ;—such were the first crimes which constituted felony . But men of law ,, by different subtleties , added clause on clause and punishment on punishment , still under the same name .
At the same time , the Legislature , not knowing how to do better , added continually to the list of these punishable offences , still calling them felonies , till at last it has become the
denomination not of a single crime , or a single punishment , but of a heterogeneous mass of punishments and of crimes of all sorts ami of all degrees . If you tell me that a man has committed a felony , I am not the least forwarder as to my knowledge of his offence : all the idea that this word
presents to my mind is the notion of the punishment which , he is to suffer , and even this notion is not definite . As to his offence , it may be an offence against an individual , or it may be an offence against a particular set of men ,
—an offence against the State , or an offence against himself . Felony , in short , is a term which ^ confounds all order , defies every species of arrange ment , and spreads darkness over all English penal legislation . — Jeremy Bentham . — " Th ^ orie des Peines et des Recompenses ; par M . Dumont . "
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Gleanings . 621
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GLEANINGS ; OR , SELECTIONS AND REFLECTIONS MAD « IN A COURSE OF GENERAL . READING .
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Oct. 2, 1822, page 621, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2517/page/37/
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