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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 215   View pdf image (33K)
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1 E. 2, STAT. 2, PRISON-BREACH. 315
and iv Inches; (23) when xxsiv, then iv and di. iii Foot, and iv
Inches; (26) when xxxv, then iv and di. i Foot, iii Inches and
(H.; (27) when xxxvi, then iv, vii Foot, and iv Inches; (28)
when xxxvii, then iv, v Foot, and iv Inches; (39) when xxxviii,
* then iv, iii Foot, and almost di.; (30) when xxxix, 158
then iv, i Foot, and almost is Inches; (31) when xl, then iv.;
(32) when xli, then iii, iii q., i Foot, and x Inches; (33) when
xlii, then iii, iii q. and vii Inches; (34) when sliii, then iii, and
di; iii Foot, and an Inch and di.; (35) when xliv, then iii and
di.. 3i Foot, and iii Inches; (36) when xlv, then iii and di., di
a Foot, and iii Inches.
STATUTE
DE FRANGENTIBUS PEISONAM,
Made Anno 1 Edw. II, Stat. 2, ami A. D. 1307.
In what case it is Felony to break Prison, in what not.
Concerning Prisoners which break Prison, our Lord the King
willeth and commandeth, that none from henceforth that break-
eth Prison shall have Judgment of Life or Member for break-
ing of Prison only, except the Cause for which he was taken
and imprisoned did require such Judgment, if he had been con-
vict thereupon according to the Law and Custom of the Realm,
albeit in times past it hath been used otherwise.
3 Inst. 69, 70. KeL 87. Fitz. Coron. 134. 2 Inst. 589.
Kilty says that there are in the provincial records several cases of prose-
cutions under this Statute, in some of which it is particularly mentioned
in the indictments. They were in the years of 1706, 1720, '22, '23, '24, and
'25, and it appears that in some of them the offenders were sentenced to
death.
At common law all prison breaches were felonies, if the party were law-
fully in custody for any cause whatsoever, which severity however is
mitigated by this Statute, 2 Inst. 588.
It is held that any place whatever, where a person is restrained of his
liberty under lawful arrest for a supposed offence, is a prison within this
Act, whether the common gaol, the street, the house of the constable or
of a private person, or as Lord Coke expresses it, 2 Inst. 589, he that is

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 215   View pdf image (33K)
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