Proceedings of the Council of Maryland, 1722/3. 417

   tive of those ends and inconsistent with the Wisdom and        Lib. X.

   Policy of an English Parliament                                p. 88

     There are Instances where Rioters that have been punished

   by the Justices of the peace but not in proportion to their

   Crime have been brought into the Star Chamber and such a

   further fine imposed on them as made the whole Punishment

   equal to the Offence and that proceeding Adjudged to be no

   way repugnant to the Rule of Law of not punishing twice

   for one Offence but inflicting a Penalty adequate to the Crime

   at different times which proves Clearly that other Courts have

   Jurisdiction of those things as well as Justices of the Peace

     By the Statute already cited it appears that the Justices of

   the Peace and Sheriffs may if they find a difficulty in punish

   ing the Offendors certify all the Circumstances to the King

   and Council in Order without Question that proper measures

   may be taken therein and if the Justices fail they are punish

   able and it would be a new Doctrine and a very absurd one

   that the Omission of Inferior Officers and their punishment

   should excuse other Offenders or prevent Superior Officers

   taking Care to prosecute Offendors and certainly the Gov

   ernment may Judge when it is proper to do it in the Supreme

   Courts according to the Common Course as well as a Private

   Justice of Peace when it is proper for him to Proceed or make

   the Certificate prescribed by the Statute

                              D Dulany

                                28th February 1722

   May it please your Excellency

     The foregoing is a State of the Case of Taylor and his         p. 89

   Companions agreable to the Depositions I have by me with

   the best Solution I am Capable of giving to the Question

   your Excellency and the honble Council were pleased to de

   sire my opinion on which is humbly submitted to your Excel

   lency by            Sir

                        Your Excellencys most humble

                        and Obedient Servant

                                       D Dulany

     His Excellency having acquainted the Board that Mr Jack

   son one of the Justices of Cecil County Court can produce

   several material Evidences against Taylor and Gatchel bound

   over to their Tryal next Provincial Court thereupon Ordered

   that directions be given to the chief Justice of Cecil County

   and his Brethren in Commission to examine and bind over to

   the Provincial Court all such persons as shall appear to be

   good evidences against said Taylor and Gatchell and the

   following Order was made out and sent (vizt)

         27