Their function was defined as having power " to send for Persons and Papers, and administer Oaths; and to apprehend and confine, or cause to be apprehended and confined, in such Manner, and under such Restrictions and Limitations, as to them shall appear necessary, for the public Safety, all Persons, whose going at large, shall, in the Judgment of the said Commissioners, or any three of them, appear dangerous to the Safety of this State. To take Bonds and Recognizances, from Time to l ime, to the People of this State, for the good Behaviour, safe Custody, or Appearance of such of the said Persons, and of all others, now confined for the like Cause, as they may
'Summarised and adapted from Flick, pp. 66, 67, 119, 120, 123, 127, 128, with revisions. The designations " board ", " commissioners " and " committee " were used interchangeably as early as 1777. Appendix I: Laws, Feb. 5, 1778. Ibid.
Introduction 13
think proper, in such Sums, and upon such Conditions, as unto them shall appear expedient; and the said Bonds and Recognizances, if forfeited, to prosecute or to cancel and upon such Terms and Conditions; and to discharge release,
from Confinement, any of the said Persons absolutely, and without any Terms or Conditions, as they may think proper. And also, from Time to d ime, to make such Provision, for the safe Custody, and comfortable Subsistence of all Persons, who may from Time to Time be so confined as aforesaid, in such Manner as they may think proper. " Provided always, That by Reason or Colour of any 1 hing herein contained, the said Commissioners, or any of them, shall not be empowered to inflict any corporal Punishment, upon any or either of the said Persons confined as aforesaid." It was moreover provided " That no Judge or Magistrate,