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Breaking gaol to rescue themselves or others, tho' not capital offenders,
felony, death, tried before those enlarged.
amended 17 & 18 G. 3. c. 36. s. 7, 8.
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[XIX.((a)
)] And whereas the gaols in this kingdom have of late been frequently broke open, and the prisoners confined therein set at large: be it enacted by the authority aforesaid, that from and after the passing of this act every person or persons, who shall by force or violence break open any gaol or prison with an intention to rescue and enlarge him, her, or themselves, or any other prisoner or prisoners therein confined on account of any offence, though the same be not capital, all and every person or persons, who shall commit such offence, and shall be found guilty thereof, shall suffer death as in cases of felony without benefit of clergy, and shall and may be tried before the trial or attainder of the person or persons so enlarged, any law or statute to the contrary in any wise notwithstanding.
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