** Breach of prison at the Common law was capital, without regard to the crime for which the party was committed. ’Cum pro criminis qualitate in carcerem recepti fuerint, conspiraverint (ut ruptis vinculis aut fracto carcere) evadant, atnplius (quam causa pro qua recepti sunt exposuit) puniendi sunt, videlicet ultimo supplicio, quamvis ex eo crimine innocentes inveniantur, propter quod inducti sunt in carcerem et imparcati.’ Bracton L. 3, c. 9. Sec. 4. Britt. c. 11. Fleta, L. 1. c. 26. Sec. 4. Yet in the Y. B. Hill. 1 H. 7. 2. Hussey says, that, by the opinion of Billing and Choke, and all the Justices, it was a felony in strangers only, but not in the prisoner himself. S. C. Fitz. Abr. Co-ron. 48. They are principal felons, not accessaries, ib. Whether it was felony in the prisoner at Common law, is doubted. Stam. P. C. 30. b. The Mirror c. 5. Sec. 1. says, ’Abusion est a tener escape de prisoner, ou de bruserie del gaole pur peche mortal 1, car eel usage nest garrant per nul ley, ne in nul part est use forsque in cest realme, et en France, ems [mais] est leu garrantie de ceo faire per la ley de nature’ 2 Inst. 589. The stat. 1 E. 2, ‘de fragentibus priso-nam,’ ’restrained the judgment of life and limb for prison- breaking, to cases where the offence of the prisoner required such judgment.’
It is not only vain but wicked, in a legislator to frame laws in opposition to the laws of nature, and to arm them with the terrors of death. This is truly creating crimes in order to punish them. The law of nature impels every one to escape from confinement; it should not, therefore, be subjected to punishment. Let the legislator restrain his criminal by walls, not by parchment. As to strangers breaking prison to enlarge an offender, they should, and may be fairly considered as accessaries after the fact. This bill saying nothing of the prisoner releasing himself by breach of jail, he will have the benefit of the first section of the bill, which repeals the judgment of life and death at the Common law.
All attempts to delude the people, or to abuse their understanding by exercise of the pretended arts of witchcraft, conjuration, enchantment, or sorcery, or by pretended prophecies, shall be punished by ducking and whipping, at the discretion of a jury, not, exceeding fifteen stripes.*
’Gifwiecan owwe wigleras mansworan, owwe morthwyrhtan owwe fule afylede eebere horcwenan ahwhar on lande wurthan agytene, thonne fyrsie man of earde, and claensie lha. theode, owwe on earde forfare hi mid ealle, buton hi geswican and the deoper gebetan:’ ’if witches, or weirds, man-swearers, or murther-wroughters, or foul, defiled, open whore-queens, ay—where in the land were gotten, then force them off earth, and cleanse the nation, or in earth forth- fare them withal, buton they beseech, and deeply better.’ LI. Ed. et Guthr. c. 11. ’Saga; mulieres barbara factitantes sacrificia, aut pestiferi, si cui mortem intulerint,