■ 8-62 COM 
c. 3. if they have no goods within the county where they 
are apprehended, the juftices are to grant a warrant on 
the treafurer of the county for payment of the charges. 
But in Middiefex the lame (hall be paid by the overleers 
of the poor of the parilh where the perfon was appre¬ 
hended. By 3 Hen. VII. c. 3. ithe Iheriff lhall certify the 
names of all prifoners in his cuftody to the juftices of 
jail-delivery, which is commonly called the calendar of 
prifoners. 
As prifoners ought to be committed at firft to the pro¬ 
per prifon, fo ought they not to be removed thence, ex¬ 
cept in fome fpecial cafes; and to this purpofe it is en¬ 
acted, by 31 Car. II. c. 2. “ that if any fubjeft of this 
realm (hall be committed to prifon, or in cuftody of any 
officer or officers whatsoever, for any criminal, or fup- 
pofed criminal, matter, that the laid perfon lhall not be 
removed from the laid prifon and cuftody, into the cuf¬ 
tody of any other officer or officers, unlefs it be by habeas 
corpus, or fome other legal writ; or, where the pril'oner 
is delivered to the conftable, or other inferior officer, to 
carry fuch prifoner to fome jail; or, where any perfon is 
fent by order of any judge of affize, or jultice of the peace, 
to any common work-houfe, or houfe of correction ; or, 
where the prifpner is removed from one prifon or place 
to another within the fame county, in order to a trial or 
clifcharge by due courfe of law ; or, in cafe of fudden lire 
or infedtion, or other neceffity, upon pain that he who 
makes out, figns, or counterligns, or obeys or executes, 
fuch warrant, (hall forfeit to the party grieved one hun¬ 
dred pounds for the fiift offence, two hundred pounds for 
the fecond, See. z Hawk. P. C. c. 16. 
A perlbn legally committed for a crime, certainly ap¬ 
pearing to have been done by fome one or other, cannot 
be lawfully difeharged by any other but by the king, till 
he be acquitted on his trial, or have an ignoramus found 
by the grand jury, or none to profecute him on a procla¬ 
mation for that purpofe, by the juftices of jail-delivery. 
But if a perfon be committed on a bare fufpicion, with¬ 
out any appeal or indiChnent, for a fuppofed crime, where 
afterwards it appears that there was none ; as for the mur¬ 
der of a perfon thought to be dead, who afterwards is 
found to be alive; it hath been holden that he may be 
fafely difmiffed without any farther proceeding; for that 
he who futiers him to efcape, is properly punilhable only 
as an acceffory to his fuppofed offence; and it is impos¬ 
sible there Should be an acceffory where there can be no 
principal; and it would be hard to punilh one for a con¬ 
tempt founded on a fufpicion appearing in founcontefted 
a manner to be groundlefs. 2 Hawk. P. C. c. 16. But the 
fafeft way for the jailer is, in all cafes, to have the autho¬ 
rity of fome court, or magiftrate, for difeharging the pri¬ 
soner. If the words of a llatute are not purfued in. a com¬ 
mitment, the party (hall be difeharged by habeas corpus. 
All the cafes here put down, are applicable only when 
the habeas corpus aft is in force; for, during its fufpen- 
fion, no discharge from prifon can be lued out under it, 
nor obtained, but by confent of the king’s privy council. 
COMMIT'TEE,/ [from commit .] Tliofe to whom the 
consideration or ordering of any matter is referred, by fome 
court, or by confent of parties to whom it belongs; as in 
parliament, a bill either confented to and palled, or deni¬ 
ed, or neither, but being referred to the consideration of 
certain perfons appointed by the houfe farther to examine 
it, they are thereupon called a committee. And when a 
parliament is called, and the Speaker and members have 
taken the oaths, and the Handing orders of the houfe are 
read, committees are appointed to fit on certain days, viz. 
the committee of privileges, of religion, of grievances, of 
-courts of juftice, and of trade; which are the Handing 
committees. But though they are appointed by every 
new parliament, they do not all of them aft, only the 
committee of privileges ; and this being not of the whole 
houle, is firft called in the fpeaker’s chamber, from whence 
It is adjourned into the houfe, every one of the houfe 
.having a vote therein, though not named. Any member 
4 
C O M 
may be prefent at any feleft committee; but is not t® 
vote unlefs he be named. The chairman of the comrnio 
tee fits in the clerk’s place at the table, and writes the 
votes for and againft the matter referred to them ; and, if 
the number be equal, he has a calling voice, otberwife he- 
hath no vote in the committee ; and, after the chairman 
hath put the queftion for reporting to the houfe, if that 
be carried, he leaves the chair, and the Speaker being 
called to his chair, (who quits it in the beginning, and 
the mace is laid under the table,) he is to go down to 
the bar, and fo bring up his report to the table. After 
a biil is read a fecond time in the houfe of commons, the 
queftion is put, whether it lhall be committed to a com¬ 
mittee of the whole houfe, or a private committee; and 
the committees meet in the fpeaker’s chamber,, and report 
their opinion of the bill with the amendments, See. And 
if there be any exceptions againft the amendments re¬ 
ported, the bill may be re-committed: eight perfons make 
a committee, which may be adjourned by five. 
COMMITTE'E, f . in law, one to whom the care of 
an idiot or lunatic, or his ellate, is committed.—The 
lord-chancellor ufually commits the care of his perfon to 
fome friend, who is then called his committee. Blackftone .— 
The heir is generally made the manager or committee of 
the eftate- Idem. See Lunatic. 
COMMIT'TERjyi Perpetrator; he that commits.— 
Such an one makes a man not only a partaker of other 
men’s fins, but a deriver of the whole guilt to himfelf; 
yet fo as to leave the committer as full of guilt as before. 
South. 
COMMIT'TIBLE, adj. Liable to be committed.—Be- 
fides the miftakes committible in the folary compute, the 
difference of chronology difturbs his computes. Brown. 
To COMMI'X, aj. a. [ commf eo , Lat.] To mingle; to 
blend; to mix; to unite with things in one mafs.—I 
have written againft the fpontaneous generation of frogs 
in the clouds; or, on the earth, out of dull and rain-wa¬ 
ter commixed. Ray. 
To COMMI'X, v.n. To mingle: 
The fmile mocking the figh, that it would fly 
From fo divine a temple, to commix 
With winds that failors rail at. Skahefpeare . 
COMMIX'ION,/; Mixture; incorporation of different 
ingredients : 
Were thy commixion Greek and Trojan, fo 
That thou could’ft fay, this hand is Grecian all. 
And this is Trojan. Shakefpeare. 
COMMIX'TION,/. Mixture; incorporation; union 
of various lubftances in one mafs.—Some fpecies there be 
of middle and participating natures, that is, of birds and 
beads, as batts, and fome few' others, fo confirmed and 
fet together, that we cannot define the beginning or end 
of either; there being a commixtion of both in the whole, 
rather than adaptation or cement of the one unto the 
other. Brown. 
COMMIX'TURE,/. The aft of mingling; theftateof 
being mingled; incorporation; union in one mafs.—In 
the commixture of any thing that is more oily or fweet, 
fuch bodies are lead apt to putrefy, the air working little 
upon them. Bacon. —The mafs formed by mingling dif¬ 
ferent things; compofition; compound.—There is Icarce- 
ly any rifing but by a commixture of good and evil arts. 
Bacon. 
Fair ladies, mafk’d, are rofes in the bad, 
Or angels veil’d in clouds; are roles blown, 
Difmalk’d, their dama(k fweet commixture (hewn. Shakef. 
COMMO'DE,/! [Fr.) The head-drefs of women.—She 
has contrived to (hew her principles by the letting of her 
commode ; fo that it will be impoffible for any woman that 
is difaffefted to be in the falliion. Addifun. 
She, like fome penfive ftatefman, walks demure, 
And fmiles and hugs, to make deltruftion lure j 
On 
