Legal Definitions - appellum de felonia

The term appellum de felonia refers to a historical legal procedure in English law, also known as an appeal of felony. Unlike modern criminal prosecutions, which are typically initiated and conducted by the state or government, an appeal of felony allowed a private individual to directly accuse another person of a serious crime (a felony). This private accuser, often the victim or a close relative, would personally initiate the legal action, seeking justice or retribution. This process was distinct from a prosecution brought by the Crown and carried significant personal risks for both the accuser and the accused. It largely fell out of use over centuries and was formally abolished in the 19th century.

Here are some examples illustrating how this term would have applied:

• Example 1: Accusation of Murder

  Imagine a scenario in medieval England where a man is found murdered. Instead of the King's sheriff or a state prosecutor taking up the case, the victim's widow or eldest son could personally bring an "appellum de felonia" against a suspected killer. They would formally accuse the individual in court, initiating a trial where they, rather than a state prosecutor, would present their case and evidence. This illustrates the private nature of the accusation for a serious crime like murder, where a direct family member sought justice.

• Example 2: Charge for Serious Robbery

  Consider a wealthy merchant whose valuable goods were stolen during a violent robbery. In a time when state-led policing and prosecution were not as developed, the merchant himself could initiate an "appellum de felonia" against a person he believed committed the robbery. If successful, this private accusation could lead to the accused's trial and potential punishment, highlighting how individuals could seek justice for serious property offenses without direct government intervention.

• Example 3: Accusation of Grievous Bodily Harm (Mayhem)

  Suppose a person suffered a grievous injury, such as the loss of a limb or an eye, from an unprovoked attack. In the context of "appellum de felonia," the injured party could personally accuse their assailant of the felony of mayhem (a historical term for intentionally inflicting a serious injury that disfigures or disables). This demonstrates the victim's direct role in bringing a charge for a serious violent crime, rather than relying solely on the state to prosecute the offender.