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https://thelawdictionary.org/de-homine-replegiando/
Note: "custody of a private person"
“If treason or felony be committed, and one hath just cause of suspicion, this is a good cause, a warrant in law, for any man to arrest the person suspected, but he must shew certainly the cause of his suspicion be just or lawful, shall be determined by the justices in an action of false imprisonment brought by the party grieved, or upon an habeas corpus, &c.”
British Liberties, or the Free-born Subject’s Inheritance
Printed by H.Woodfall and W. Strahan, 1766
Introduction
“As to public crimes, though they are all public, yet we must distinguish between those which more nearly concern the mutual communication of citizens, and those which more nearly interest the state in the relation it has to its subjects. The first are called private the second public.” (legal fiction dogma)
“The punishments inflicted upon the latter crimes are such as are properly distinguished by that name, they are kind of retaliation, bu which the society refuses security to a member, who has actually or intentionally deprived another of his security. These punishments are derived from the nature of the thing, founded on reason, and drawn from the very source of good and evil. A man deserves death when he has violated the public security so far as to deprive, or to attempt to deprive another man of his life. This punishment of death is the remedy, as it were, of a sick society.” (Note the concept “refuses security to a member,” and how that can be seen alternatively as a choice by someone to refuse false security, or how that can be seen as merely recognizing that a criminal is by definition choosing to reject an offer of security: out-law)
“In countries where liberty is most esteemed, there are laws by which a single person is deprived of it, in order to preserve it for the whole community. Such are in England what they call bills of attainder. These are relative to those Athenian laws, by which a private person was condemned, provided they were made by the unanimous suffrage of six thousand citizens. They are relative also to those laws which were made at Rome against private citizens, and were called privileges. These were never passed, unless in great meetings of the people. But in what manner foever they are enacted, Cicero is for having them abolished, because the force of law, consists in its being made, for the whole community. I must own, notwithstanding, that the practice of the freest nation that ever existed, induces me to think that there are cases in which a veil should be drawn for a while over liberty, as it was customary to veil the statues of the gods.” (more might makes right dogma, but note: ...for the whole community… meaning perhaps that there are no exceptions)
bills of attainder
https://upload.wikimedia.org/wikipedia/commons/7/79/British_Liberties%2C_or_the_Free-born_Subject%27s_Inheritance_%281st_ed%2C_1766%29.pdf