$6. WILL. P. I, 1701, c.6, WHAT IMPRISON- MEANS. in that capacity 2. In one cafe, the act was found by the court of feffion to reach other perfons than magiftrates". although defired; and found it 66 proven that the defender was acceffary thereto; and find it not proven that he had any warrant "for fo doing; which the lords found "relevant to subject him to the pe"nalties in the act of parliament "anent wrongous imprisonment; "therefore," &c. The defender reclaimed, upon this ground, that any irregularity he had ignorantly fallen into, ought not to fubject him to the penalties of the act 1701; because it was intended only to restrain the abuse of power in magiftrates, or other officers of the law,who are intrufted with the power of committing their fellow-fubjects to prifon, as is evident from every part of it, particularly the claufe anent "imprison"ment in order to trial, by a war rant in writ; the admitting per"fons to bail," &c. And likewife from the additional penalty over and above the fine; " viz. that perfons fender, who is clothed with no authority, and who has no office to lofe: neither was there any occafion to guard against encroachments on liberty committed by private perfons, as that is what rarely happens; but when fuch abufes do occur, they can be fufficiently reftrained by the common rules of law, whereby every riotous or illegal proceeding is liable to be punished. Anfavered for the purfuer.-The defign of the act was general, to pro tect the liberty of the fubjc&t, which, when encroached upon by a magi. ftrate, is no doubt a breach of duty; but it is ftill an higher offence when conimitted by a private person; as he thereby affumes to himself a power which is one of the chief characteristics of magistracy: besides the claufe extending this act to all confinements, not either confented to by the party, or inflicted after trial by fentence, fhews that the flatute was not intend ed to be confined to officers of the law; and indeed without that the act would have been very imperfect, if liberty had been fecured against judges, but infecure against private perfons who have no authority at all. Neither does the claufe ancnt lofs of office, fhew that only magi ftrates were in the view of the legiflature, no more being thereby intended than that the offenders should lofe their office, whether it is an office of magiftracy or any other what fomever. The lords adhered. Clerk, Home. 1701, c. 6, WHAT THE act concludes with forbidding all close confinements, $6. by which Mr. Hume underftands folitary and inacceffiole WILL. P.1, imprisonment of any perfon beyond the fpace of eight days from the time of commitment; as also, all transportation of any perfon forth of the kingdom, by judges, magiftrates, or MEANS. others, except under the warrant of a lawful fentence, or Clofe conwith consent of the person himself given before a judge. BUT in all cafes where the party in confinement is in danger of his life, he gets out on what is called "a bill of "of health." But this will come under our notice in the next book. IMPRISON- finements. END OF THE FIRST VOLUME. Edinburgh, printed by Mundell and Son. APPENDIX I. No. I. G COPY COMMISSION OF THE PEACE. EORGE III, by the grace of God, of the united Salutation. kingdom of Great Britain and Ireland, king, defen der of the faith: to our most dear fons and faithful coun fellors, GEORGE prince of Wales (Here follow other princes of the General no blood) THE moft reverend father in God, and our faithful counfellor archbishop of Canterbury, primate and metropolitan of all England OUR well beloved and faithful counsellor our chancellor of that part of our united kingdom of Great Britain and Ireland, called Great Britain THE most reverend father in God, and our faithful counfellor archbishop of York THE most reverend father in God and our faithful counfellor archbishop of Armagh, primate of that part of our united kingdom of Great Britain and Ireland called Ireland OUR most dear coufins and counsellors. (Here follow the names of the members of the privy council) OUR beloved and faithful the lord juftice general, justice clerk, and commiffioners of jufticiary for the time being. THE lord prefident, and other lords of the feffion for the time being Vol. 11. mination at the beginning of the commiffion for each court. COMMIS. SION OF PEACE. THE lord chief baron, and the other barons of Exchequer in Scotland for the time being THE advocate general for Scotland for the time being. THE folicitor or folicitors general for Scotland for the time being (HERE follows the nomination of juftices for the particular county) GREETING: Powers of Second af KNOW ye, that we have affigned you jointly and feverally, you, our juftices, to keep our peace in our and to keep, and caufe to be kept, all the ordinances and ftatutes for the good of our peace, and for the prefervation of the fame, and for the quiet rule and government of our people, made in all and fingular their articles in our faid county (as well within liberties as without), according to the force, form, and effect of the fame; and to chastise and punish all perfons that offend against the form of those or dinances or ftatutes, or any one of them, in the aforefaid county, as it ought to be done according to the form of thofe ordinances and ftatutes and to caufe to come before you, or any one of you, all thofe who, to any one or more of our people concerning their bodies, or the firing of their houses, have ufed threats, to find fufficient fecurity for the peace or their good behaviour towards us and our people; and if they fhall refufe to find fuch fecurity, then them in our pritons, until they fhall find fuch fecurity to caufe to be fafely kept. WE have alfo affigned you, and every two or more of you, fignment. of whom any one of you the aforefaid (here the justices before named are again mentioned) we will fhall be one, our juftices to inquire the truth more fully according to the law and cuftom of the land, of all and all manner of felonies or capital crimes, poisonings, inchantments, forceries, art, magic, trefpaffes, foreftallings, regratings, ingroflings, and extortions whatsoever, and of and all fingular other crimes and offences, of which the juftices of our peace may or ought lawfully to inquire, by whomfoever, and after what manner foever, in the faid county, done or perpetrated, or which fhall happen to be there done or attempted. And alfo, of all thofe who, in the aforefaid county, in companies against our peace, in disturbance of our people, with armed force, |