COMMISSARY, in the ecclesiastical law, an officer of the Bishop, who exer cises spiritual jurisdiction in places of a diocese so far from the episcopal see, that the chancellor cannot call the people to the bishop's principal consistory court, without giving them too much inconveni ency.
Colitstissenx general of the musters, an officer appointed to muster the army, as often as the general thinks proper, in or der to know the strength of each regi.
other for felony, to cause him to be brought as soon as possible before some justice of peace, that he may be commit ted or bailed by him. The privy-council, or any two of them, or a Secretary of State, may lawfully commit persons for treason, and for other offences against the state. All felons shall be committed to the common gaol, and not elsewhere. 5 Hen. IV. c. 10. But vagrants and other criminals, offenders, and persons charg ed with small offences, may, for such offences, or for want of sureties, be com mitted either to the common gaol or house of correction, as the justices in their judgment shall think proper. 6 G. c. 19. All persons who are apprehend ed for offences not bailable, and those who neglect to offer bail for offences which are bailable, must be committed ; and wheresoever a justice of peace is em powered to bind a person over, or to cause him to do a certain thing, he may commit him, if in his presence he shall refuse to be so bound, or do such a thing. A commitment must be in writ ing, either in the name of the King, and only tested by the person who makes it ; or it may be made by such person in his own name, expressing his office or au thority, and must be directed to the gaol er or keeper of the prison. The com
mitment should contain the name and sur name of the party committed, if known ; if not known, it may be sufficient to de scribe the person by his age, &c. and to add, that he refuses to tell his name. It ought to contain the cause, as for treason or felony, or suspicion thereof; and also the special nature of the felony, briefly, as for felony, for the death of such an one, or for burglary, in breaking the house of of such an one. All commitments, ground ed on acts of parliament, ought to he con formable to the method prescribed by them. And where a statute appoints im prisonment, but does not limit the time, in such case the prisoner must remain at the discretion of the court. If the goal er shall refuse to receive a felon, or take any thing for receiving him, he shall be punished for the same by the justices of gaol delivery. But no per son can justify the detaining a prisoner in custody, out of the common gaol, unless there be some particular reason for so doing; as if the party should be so dangerously ill, that it would apparently hazard his life to send him to gaol, or that there be evident danger of a rescue from rebels, or the like. The sheriff or gaoler shall certify the commitment to the next gaol delivery.
Com:stintENT discharge& A person legally committed, for a crime, certainly appearing to have been done by some per son or other, cannot be lawfully discharg ed but by the king, till he be acquitted upon his trial, or have an ignoramus found by the grand jury, or none shall prosecute him, on a proclamation for that purpose by the justices of gaol delivery.