250 Proceedings of the Council of Maryland, 1741 .

Lib. C. B.

ceed to shew how he thinks the Officer of Patuxent might
have righted himself without troubling the honble Board be-
fore mentioned on the Occasion, and to this end your s^d Re-
mons^t will presume the Officer at Patuxent had a twofold
Remedy at Law 1^st As your Remons^t had rec^d the Duties,
Tonnage &c of the Master, and as the Master had given the
Officer of Patuxent an Impost Bond, that Bond might have
been put in Suit; in which Case the Remons^t would have
become the Masters Bail, and have given him a Bond of In-
demnity, by which the s^d Remons^t would have been lyable for

p. 136

any Damages that might have been obtained against the said
Master, but as this Method was not made Use of the Patuxent
Officer had, and still hath another, which was as y^r Remons^t
(as before observed) rec'd the Duties &c, the Patuxent Officer
had an Action of Trespass against your Remonstrant for
encroaching on his Property if so he thinks it: This last
Course the said Officer of Patuxent declared he would take
It is a Remedy he still has & your Remons^t hopes he will
make Use of, as he desires to be determined by strict Law
and lustice; And this Method your Remonstrant presumes
will not only occasion Justice to be done to the now contend-
ing Parties, other than which surely neither should desire,
but will be productive of a further good End, even that of
ascertaining such Disputes futurely
But after all that has been said on this Occasion, if your
Excy will be pleased to take the Trouble of the Affair solely
on your self your Petit^r will gladly consent thereto, and will
most willingly submit to whatever Decision your Excy may
make, not doubting but Justice will then be done, but if this
Proposal does not please; your said Remons^t humbly hopes
to be allowed to maintain his Right in a lawful manner, that
is by a due Course of Law in a Court of Record; which
Request as your Pet^r presumes is truly reasonable and just,
it being agreeable to Magna Charta and the Liberty of the
Subject he doubts not but your Excy will be pleased to grant
it: However if the Arguments which your Remons^t & Per
hath advanced should not prevail with your Excy to alter your
first Resolution on this head, and consequently your Remon-
strant & Petit^r must be determined by the Council and as he
is and ever shall be unwilling to dispute your Excys pleasure,
he your said Remons^t & Pet^r humbly prays in that Case to be
allowed Council at Law And so your s^d Remons^t & Pet^r sub-
mits the whole to your Excellencys Consideration

p. 137

His Excellency having asked the Advice of this Board on
the aforegoing Remonstrances of Philip Lee Esq^r Naval
Officer of North Patowmeck against George Plater Esq^r Naval