98 Proceedings of the Council of Maryland, 1696/7-98.

          Lib. H. D. The Same was by Ordr indorsed as followes Vizt

               By his Exncy the Governr & Councill &ca

                        June the Second 1697.

                Sr Tho: Lawrence's , Ordered that the within Matter be Referred to

                Case Referred the Kings Lawyrs together with the petition and

                to the Kings rest of the proceedings for them to inspect and

                Lawyers to

                make Answer Examine the Same and make Report whether the

                thereto. sd dispute can be Ended and tryed in this Coun

                trey; for that there Seems to be a failure of Justice in the

                thing; which report they are to make with all possible Speed,

                unto this Board.

                               Signed p Ordr Hen: Denton Cl Concil

                Mr Gouldes- May it please yor Exncy

                boroughs

                Opinion vpon   In Obedience to the Comand of yor Exncy & the

                Sr T: L: honrble his Mats Councill Iv'e Considered the Case

                Case Referred.

                between Sr Thomas Laurence & Coll: Nicho

                Greenberry, and with humble Submission it Seemeth to me

                that the whole Charge (except the ha Cor) Charged upon his

                Hone Coll Greenberry is not his Act but the Act of the

                Councill & therefore not Cognisable in any Court of Common

                Law within this Province nor is a Privy Councellor any more

                Subject to any Mans Suit for things done in Councill than a

                Judge of the Common Law is for giving an Erronious Judgmt

                And the Rule of Law is that if an Offence be Comitted in any

             p. 485 Court punishable by tht Court, it must be done Criminally in

                the Same Court or in a higher and not in an Inferiour

                Court, and there is no Court in this Province of a higher

                Jurisdiction than the Governr & Councill. And upon con

                sideracon of the whole it seemeth to me that this matter

                is Cognizable before the King and Counci!l and not else

                where. All wch is humbly Submitted by

                          Exncys humble Servt

                           R Gouldesborough

           By his Exncy the Governr &ca May the 16th 1697.

                Capt Hans Whereas it is generally Reported how that

                Order'd to make inquiry Amos Nichols should give out (a little before the

                abt Amos Nichols murder Committed in Caecill County) this fol

                Report about lowing Expression, Vizt That he was afraid there

                the Indian would be Some Mischief done to the Indian

                Traders &Ca

                        Traders (this Sumer) by the Indians by which Ex

                pression it is not a little Suspected that he might have a hand in