Legal Definitions - appeal of felony

The term appeal of felony refers to a historical legal procedure, primarily used in medieval English law, that is very different from how we understand the word "appeal" today. It was not a request to a higher court to review a lower court's decision, as modern appeals are.

Instead, an appeal of felony was a formal accusation brought by a private individual directly against another person, alleging they had committed a serious crime (a felony). This accusation could lead to one of two main historical outcomes:

• A demand for trial by combat: The accuser (known as the appellant) could challenge the accused (the appellee) to a "wager of battle," which was a judicial duel. The outcome of this combat was believed to be a divine judgment of guilt or innocence.
• Informing against an accomplice: Alternatively, a person already accused or convicted of a felony could "appeal" an accomplice. This meant they would formally accuse another individual of participating in the same crime, often in exchange for a pardon or a lighter sentence for themselves.

Here are some examples illustrating the historical application of this term:

• Example 1 (Demand for Trial by Combat):

  Imagine a dispute in 13th-century England where a wealthy merchant, Master Thomas, accuses his rival, Sir Geoffrey, of stealing a large shipment of goods, which was considered a felony. Instead of presenting evidence to a jury, Master Thomas formally initiates an appeal of felony, challenging Sir Geoffrey to a trial by combat to settle the matter. Both men would then fight, and the victor would be deemed to have divine favor, thus proving their claim.

  This example illustrates the direct accusation by a private individual (Master Thomas) against another (Sir Geoffrey) for a serious crime (theft, a felony), leading to the demand for a "wager of battle" as the method of determining guilt or innocence.

• Example 2 (Informing Against an Accomplice):

  During the same historical period, a man named Robert is captured and convicted of arson, a felony. Facing execution, Robert offers to "appeal" his fellow conspirators, formally accusing his two accomplices, William and Henry, of helping him set the fire. By doing so, Robert hopes to receive a royal pardon or a commutation of his sentence for his cooperation in bringing other criminals to justice.

  Here, Robert, already implicated in a felony, uses the appeal of felony procedure to accuse his accomplices. This demonstrates the aspect where an accused person informs against others involved in the crime, often in exchange for leniency for themselves.