Volume 25, Page 417 View pdf image (33K) |
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
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Volume 25, Page 417 View pdf image (33K) |
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