416 Proceedings of the Council of Maryland, 1722/3.

             Lib. x.   should not agree to their measures they are without question

                  disturbers of the peace and punishable as such

                   2. It seems a setled Point in Law that the bare meeting

                  together of three or more persons (which number must be to

                  make a Riot) with intent to do an act which in it self would

                  be a Riot if put in execution, are not Rioters without pro

                  ceeding to some degree of Violence as beating a man or

                  forcing him to quit his Lands or Goods, but when the meeting

                  can be proved to be with Intent to Commit a Riot, the least

                  Degree of force and Violence to any man or his possession

                  will suffice and I Conceive taking away part of Langs Wheat

                  field and one of his Houses and keeping the Possession of

                  them would (without the other Circumstances of Aggravation

                  attending the Case of Taylor and his Companions) make a

                  Riot, but it would be proper to enquire whether they removed

                  the Fences lockt the Doors or did any other Act which may

                  evince their claiming and Continuing to Claim a Right to

                  what the other quitted for fear of them.

               p. 87   3. I am clearly of opinion they may be regularly prose

                  cuted in the Provincial Court for that Court has the same

                  Authority in Maryland that the Kings Bench has in England

                  And we have instances enough in our Law Books that Riots

                  and forceable Entries are frequently tried at the Kings Bench

                  Bar its true there are several Acts of Parliament for the bet

                  ter and more speedy Prevention and Supression of Riots

                  Routs and forceable entries impowring the Justices of the

                  peace to proceed and directing in what manner but none of

                  those Acts takes away the Jurisdiction of the Superior Courts

                  of Judicature there being no Negative words in any of them

                  as that the Offendors shall not be proceeded against in any

                  other Court or to that Effect without which the Superior Court

                  as is clear by Multitudes of Book Cases can never be Ousted

                  of its jurisdiction the Statute of 13 H 4 Cap 7 directs the

                  Iustices and Sheriff in case they cant discover the Truth i: e:

                  such Evidence as may Justify them in punishing the Offendors

                  according to Law (or as it hath been adjudged) when the

                  Offenders have so much Interest or Influence that they cant

               be duely punished, to certify all the Circumstances appearing

                  to them to the King and Council which Certificate was to be

                  made in a months time and of equal Authority with a pre

                  sentment by a Jury, it is evident by this provision and all

                  those Contained in the other Statutes that they were all Cal

                  culated and designed for the furtherance of Justice by pun

                  ishing transgressors and protecting peacable People in the

                  quiet Enjoyment of their Lands and Goods and certainly the

                  restraining of those Courts where it is presumed no Interest

                  or Influence will prevent Justice being done would be destruc