Commission of fire and sword
The powers granted under such commissions were extensive and draconian and often included the power to administer summary justice, with no subsequent obligation to account for the steps taken. The archetype was the "commission of fire and sword" which features prominently in clan history in the Highlands. A commission granted in 1649 by the estates of parliament in favour of thePolitical control
A system of this kind was clearly open to abuse and was not infrequently employed by the great magnates to carry on personal feuds or campaigns of self-aggrandisement. In the late 16th century there was something of a power struggle between the privy council and the gentlemen of the king’s chamber for control over the process, resulting in orders by the council in 1587, 1594 and 1598, which cancelled all existing commissions, and in 1608, which cancelled commissions that permitted the bearing of fire-arms. A statute in 1592 also sought to put an end to general commissions (as opposed to particular commissions targeted against specific individuals), and the establishment of a register of signet commissions in 1608 is further evidence of the council’s (ultimately successful) campaign to regularise their issue.Witch-hunting
One form of commission of justiciary that survived until well into the 17th century was that employed for the purpose of witch-hunting.Julian Goodare, ''The Scottish Witch-hunt in context'' (Manchester University Press, 2002)References