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authentick blank Paper, not signed or sealed at all, l)ut drawn
up in the Form of the Draught of a Report and Order of the
Committee of Foreign Plantations, and supposed to be made on
the 4th of April 10o8, touching Diflerences between some Lord
Baltimore and one Mr. (■Inyborne, about the Isle of Kent, in
order to shew that former Board's Opinion touching the Lord
Baltimore's Right to the Isle of Kent; and the said then Com-
mittee of Trade and Plantations, in 1685 put off the Matter,
and gave the said Lord Baltimore time to procure an attested
Copy of such pretended Report or Order in 1638, which the said
Lord Baltimore undertook to j)rocure.

But nine Days after, the said Lord Baltimore declared, in
Person, to the said Committee of Trade and Plantations,
namely on the 17th of October 1685, that lie could not find the
Original, whereby an attested Copy might be procured.

Neither, as the Plaintiffs Charge, was there ever any such
Order.

That, before the time the said last meiiTioned Order of Council
of November 1685. was made, the Plaintiffs Father had not made
any very large or very expensive Improvements on the said three



BOUNDARY QUESTION. 31

lower Counties, but, after the same Order was luade, the Plain-
tiffs Father, conceiving that Vjy the same Order the Matter of the
said then Lord Baltimore's ill-f,n'ounded Claim or Pretence was
finally concluded and at an end. did. at a prodiirious Expence,
of vast Sums of Money, which were raised by Mortgage and Sale
of his Family Estate in the Kingdoms of England and Ireland,
and by great Sums of Money which he borrowed, even upon
Mortgage of the Lands in America so granted to him as afore-
said, and by purchasing the Lands from the Indian Natives and
Owners, and by repeated and continual presents, to, and Treaties
with, the Indians, and by, great and continual Pains, Labour
and Industry, and by many repeated Toils and Hazards of his
Life, in Voyages to Pensilvania, and the three lower Counties,
and back again, and otherwise, very greatly distress and ruin
his Family and Estate, but'did, as greatly, settle, cultivate and
people the said Lands, so granted to him as aforesaid, and more
particularly the said three lower Counties.

So that, at this time, most part, if not all of the Lands in
the said three lower Counties are taken up and cleared, and
many thousands of beautiful Plantations are made therein,
and also many Towns, Villages, Churches, Meetings, Court-
Houses, Assend)ly-Houses, Forts, Harbours, Piers, Dwelling
Houses and other publick and private Structures, Buildings,
Edifices and Improvements, are built and }iiade tlierein.

That the Swedes and Dutch, who anciently were in those
Parts now called the three lower Counties, had. during the
time of their several and respective Possessions, made divers
considerable Purchases of great Tracts of Lands, within what
are now called the said three lower Counties, from the Indian
Natives, Owners and Possessors of such Lands, for valuable
Considerations, and the right in and to such Indian Purchases
passed to and was well and legally vested in, the Plaintiffs said
Father in Fee.

And, not only so, but the Plaintiffs said Father, himself,
after the said beforementioned Grants made to and in Trust for
him as aforesaid, did, for valuable Considerations, purchase of
the Indian Natives and Owners of the Lands comprized within
the Limits of the said three lower Counties, and from their
Kings and Sachems, all those Lands from Quing Quingus,
called Duck Creek, unto Up-land, called Chester Creek, laying
all along by the side of Delaware River, and so, between the
said Creeks backwards as far as a Man can ride with a Horse in
two days; and accordingly, by deed or deeds, duly executed, the
said Indians.and their Heads and Sachems, did convey to the
Plaintiffs said Father, his Heirs and Assigns, all the same
Lands la.'^t mentioned, as by the said deeds and Conveyances,



22 PENNSYLVA>'1A AND MARYLAND

had the Phiintiffs the same at present in this Kingdom to pro-
duce, relation being tliereunto had, miglit and would more
fully appear.

And the Plaintills expressly Charge, that the same last men-
tioned Lands, eomprized in the said last mentioned Deeils oi-
( Jonveyances to their Father from the Lidians, do, of theiii-
si'ives, make up at least three fourth Parts of all the i^ands
within the said three lower ( 'ounties, besiiles that the other
Parts of the same three lower Counties have been, heretofore,
l)urchased by the said Swedes and ])utch, and by the Plaintilfs.
;:nd those under whom tlicv (Jlaim.

That from the said .Month of JSov. IGSa. unto the Month of
Jan. 1708, which was al)ove 2:5 Years, the said Lord Baltimore,
wlio had had so many Hearings in the Years 108:5, 108-1 and 1085,
and at last such a full and liiial determination made against his
ill -grounded Pretensions in the Year 1085 as aforesaid, suffered
the Plaintills Father to go on peaeeablj' and quietly, without
the least Claim or Interruption whatsoever, to make such Pui -
chases, and to people, settle, clear, cultivate, improve, and
govern the said three lower Counties as aforesaid, in which
said 2;} Years the greatest part of the Exi)en('e of the Plaintiffs
Father was laid out, during the Infancy and first peopling and
clearing of the said Province or Colony.

But in the Month of Jan. 1708. the very same Charles Lord
l-5altimore, who ])y himself, and his Agents and Council had had
su many Hearings allowed him in the Years 108:?, lOS-1. and 1085 as
aforesaid, presented a Petition to her late Majesty (^ueen Anne,
and, after having mentioned the Name of the I'laintifTs Father,
he the said Lord Baltimore did expressly suggest, and pray, by
his said Petition to her said Majesty in Jan. 1708, amongst
other things, in the Words following, that is to say, "That on
"the 7th of Nov. 1085 the said Penn, falsly suggesting that
"yoir Petitionei- l>y his fTrant from your Royal (Trandfather
"was to have no I^and but M'hat was cultivated l)y Savages
•• (though the .said Suggestion was directly contrary to the
"Words and Intent of your Petitioner's Grant) obtained an
"Order of Council for dividing an Isthmus of Land lying l)e-
"tweenthe River and Bay of Delaware and the Eastern Sea on
"the one side, and the Chesopeake Bay on the other side, and
"thereby has endeavoui-ed without your Petitioners being
"ever heard to or having Notices of such Order, to deprive
"your Petitioner of his Inheritance granted to him l)y the
"Bounty of your Royal (irandfather. your Petitioner therefore
"mosT humbly prays that the said (Jrder, thus surreptitiously
"gotten, may be set aside."

That the said Petition of the said Charles Lord Baltimore in



BOUNDARY gUESTION. 23

January 1708, being on the 0th of the same January 1708,
referred by her said late Majesty Queen Anne, to the Con-
sideration of tlie then Lords Commissioners for Trade and
Plantations the PlaintilLs Fatlier the said William Penn
upon the 27th of the same January 1708 presented his Petition
to her said late Majesty representing that the Matters in difler-
enee had, upon the Lord Baltimore's own Petition and Request,
been examined before the then Lords Committee for Trade and
Plantations, at tliut time consisting of the whole Privy Council,
in the Years Kib-t and l()8.j; wlnj, after several Hearings of the
Lord Baltimore and the said William Penn, and of their re-
spective Council and Advocates and long Deliberations had of
the Allegations and l^roofs produced before them had reported
their Oi)inions thereon and how the Boundaries should be set-
tled ; which Report had in the Month of November 1685, been
approved of and confirmed by an Order of the King in Council;
and that the said William Penn not doubting but that the Lord
Baltimore would acqixiesce under the Royal Determination
wiiicli himself had desired the said William Penn and his
Tenants, had ever since, improved the disputed Lands which
were allotted to the said William Penn, but, to his great^Sur-
prize, after 2'o Y'ears quiet Possession under th;it Sentence the
Lord Baltimore had petitioned the y au-
thentick Copies of Proceedings at that Board, that as well the
then Petitioner the said Charles Lord Baltimore, as the said
William Penn, had been divers times heard, before the making
of the said Order, her said late Majesty, with the Advice of her
Privy Council, was pleased to order that the said Lord Balti-
more's Petition should l)e dismissed that Board. And that the
above-mentioned Order of Council of the 13th of Noveml>er 1G85,
should be ratified and confirmed in all its Points, and be put
in Execution, without any further delay; as by the said several
and respective Petitions and Orders in January 1708, and in
May and June 1709, relation being thereunto respectively had,
may more fully appear.

That the matter being again fully and finally settled and ad-
justed as aforesaid by the said Order of June 1709, the Plain-
tiffs Father remained in quiet and peaceable possession of the
said three Lower Counties, ever after during all the remainder
of his Life.

And the said William Penn, on or about the 30th Day of July
in the Year 1718, departed this Life, having first duly executed
his last Will and Testament, in writing, bearing Date some
time in or about the Year 1711 or 1712, and thereby devised to
his dear Wife Hannah Penn, the Plaintiff's late Mother (since
deceas'd) and several other Persons and their Heirs, all his
Lands, Tenemsnts, and Hereditaments, whatsoever. Rents and
other Profits, situate, lying and being in Pensilvania and the
Territories thereunto belongini,', or elsewhere in America, upon
Trust that they shauld sell and dispose of so much thereof as



BOUNDARY QUESTION. 25

should be sufficient to pay all his just Debts, and from and after
Payment thereof convey 40,000 Acres, part thereof, in manner
therein directed, and all the rest of his Lands and Heredita-
ments whatsoever, situate, lying and being in America, He
willed that his said Trustees should convey to and amongst his
Children which he had by his then Wife, in such proportions,
and for such Estates, as his said Wife should think fit; and all
his personal Estate in Pensilvania, and elsewhere, and Arrears
of Rent due there, he gave to his said Wife, whom he made
sole Executrix for the equal Benefit of her and her Children.

Which said last Will and Testament was duly proved, by the
said Hannah the Plaintiffs Mother, the sole Executrix thereof,
on or about the 4th Day of November 1718, in common form,
in the Prerogative Court of the Archbishop of Canterbury, and
was afterwards duly proved by Witnesses, upon, a proper Suit'
for that purpose brought against the Heir at Law of the said
William Penn, and established by decree in his Majesty's Court
of Exchequer at Westminster, as in and by such last AVill and
Testament, and the several and respective Proofs thereof, re-
lation being thereunto had, may more fully appear.

That the said Hannah Penn, by deed-poll under her Hand and
Seal duly executed, bearing Date on or about the 18th Day of
November, in the said Year of our Lord 1718, reciting amongst
other Things the said last Will and Testament of the said
William Penn, the said Hannah Penn, in pursuance of all Powers
which she had or was invested with, did direct and appoint all
the rest and residue of the Lands, Tenements, and Heredita-
ments, and of the Rents and other Profits of them, late of the
said William Penn deceased, lying and being in Pensilvania
aforesaid and the Territories thereunto belonging, or elsewhere
in America, that should remain after the Provisions in the said
Will (subject nevertheless to the debts of the said William
Penn deceased, according to his said Will) should be conveyed
in manner following, that is to say, three full and equal Parts
of such rest and residue (in six equal parts to be divided) of
and in all that the Country or province in America called Pen-
silvania, and three full equal sixth parts of all Lands, Tene-
ments, and Hereditaments whatsoever. Rents and other profits
late of the said William Penn deceased, within or part of the said
Country or Province^ should be conveyed by the said Trustees
for the time being and the Survivor of them, and the Heirs
and Assigns of such Survivor, to and to the Use of the Plaintiflf
John Penn, eldest Son of the said Hannah by the said William
Penn deceased, and of the Heirs and Assigns of the said John
Penn; and, as to the remaining three sixth parts of the same
that the said Trustees should convey the same to the Use



26 PENNSYLVANIA AND MARYLAND

of her three other younger Children l)y the said William
Penn deceas'd, namely, the plaintiffs Thomas Penn, and
Richard Penn, and Dennis Penn, their late Brother (since
deceased) and their Heirs and Assigns, as joint Tenants,
forever: Anci as to all the rest and residue that should re-
main of all that Tract of Land in America, late of the said
William Penn her late Husband deceased, adjoining to Pensil-
vaniaaforesaiil, and commonly called the three Lower Counties,
and all Lands, Tenements, and Hereditaments, whatsoever.
Rents and other profits, late of the said William Penn her said
late Husband, in the said three Lower Counties, or in East
and West Jersey, or elsewhere in America (subject also as
aforesaid to the Debts of the said Testator) she did, in like
manner, direct, limit and appoint that three full and equal
Parts (the whole into six equal Parts to be divided) should be,
by the said Trustees, conveyed to and to the Use of her said
eldest Son the Plaintiff John Penn, and of his Heirs and As-
signs; and, as to the remaining three sixth parts of the same,
to be conveyed to the Use of her said three yountrer Children
Thomas Penn, Richard Penn, and Dennis Penn, and their Heirs
and Assigns, as joint Tenants, for ever, as by the said Deed-
poll or Appointment, relation being thereunto had, may more
fully and at large appear.

That the said Hannah Penn departed tliis Life on or about
the 20th Day of December, in the Year 172G, and the said Dennis
Penn her Son, departed this Life on or about the Day of
in the Year ,an Lifant of very tender Years, an^l Avithout

Issue.

And that, by Indentures of Lease and Release, bearing Date,
respectively, on or about the and Days of

which was in the Year of our Lord the then only sur-

viving Trustees, named in the said last Will and Testament of
the said William Penn, did duly convey unto the Plaintiffs
(pursuant to the Directions in the said Appointment of the
said Hannah Penn) all and singular the Lands, Hereditaments
and Premisses in tlie said Appointment mentioned ; to hold
unto the Plaintiffs respectively for such respective Estates as
by the said Appointment was directed, limited, appointed and
intended; as in and by the said recited Indentures of Lease and
Release had the Plaintiffs the same in this Kingdom to produce
relation being thereunto respectively had, may more fully and
at large appear.

That the said William Penn, in his Life-time, had put him-
self to so very great Expence, in improving the said Countries,
that, besides selling part of his Family Estate in England and
Ireland for that purpose, of an exceeding great yearly Value,



BOUNDARY QUESTION. 27

he was obliged to Mortgage, and in or about, the Year 1708 did
Mortgage, his said Lands in America, to Joshua Gee, John
Wood, and others, for 6,6001. which Mortgage lay upon the said
Lands, at Interest, for above twenty Y'ears; but, in the Year
1729, the Mortgagees, or the Survivors of them, reconveyed the
said Mortgaged Premisses to the Plaintiffs for the respective
Estates mentioned in the said Deed of Appointment made by
the Plaintiffs Mother; as by the said Mortgage, and Reconvey-
ance, had the Plaintiffs the same now in this Kingdom to pro-
duce, relation being thereunto had. would appear.

Under which said Will, Appointment and Conveyance, Mort-
gage and Reconveyance, the Plaintiffs, entered into the Prem-
isses, and now are, and ever since the death of the said Hannah
Penn have been, in the quiet and peaceable Possession of the
said three Lower Counties, and of all the Lands, Tenements
and Hereditaments therein.

That the said Hannah Penn, immediately after the decease
of the said William Penn, did enter into, and from the time of
the death of the said AVilliam Penn, down to the time of her
own death as aforesaid, was in the quiet and peaceable Posses-
sion of the said three LoM'er Counties, and of all the Lands,
Tenements and Hereditaments therein.

And the said William Penn, in his Life-time, and the said
Hannah Penn, after his death, during her Life, and the Plain-
tiffs, since her death, down to this time, respectively, have, fre-
quently, and from time to time, as occasion required, appointed
Deputy or Lieutenant Cfovernors of the said three Lower
Counties, and begun, continued, and carried on the great Im-
provements now in being thereon, at their own sole and pro-
digious Ex pence.

That, during the time the said Hannah Penn was so possest
of the same three lower Counties as aforesaid, and during the
Infancy of the Plaintiffs, the Defendant Charles Calvert Esq ;
commonly called Charles Lord Baltimore in the Kingdom of
Ireland, the Grandson of the said Charles Lord Baltimore who
petitioned her said late Majesty Queen Anne, in .January 1708
and May 170!i as aforesaid, and who is, or pretends to be. the Heir
at Law to the said Cecilins Baron of Baltimore, to whom the
said Grant of the Province of Maryland Avas made in 1632, ap-
plied in his own Person, to the said Hannah Penn. and ad-
mitted to her that he had no Colour or pretence of Title to the
said three Lower Counties, or to any part of them, but rep-
resented that, as the Bounds of the said Provinces of Pensil-
vania and Maryland had not been, by any particular and exact
Land Marks, laid out and described, some of his, and likewise
some of her. Tenants, upon the Borders, refused to pay their



28 PENNSYLVANIA AND MARYLAND

Quit-Rents, and other inconv^enienees arose, both to the said
Hannah Penn and Charles Lord Baltimore, and therefore, pro-
posed that, till the Bounds could be exactly set out and de-
scribed, no more lands should be granted out, by either of
them near the Borders.

And, thereupon, an Agreement, in Writing, bearing Date on
or before about the 17th Day of February, in the Year 1723, was
duly signed and executed, by and between the said Hannah
Penn and Charles Lord Baltimore, in the Words, or to the effect,
following, that is to say.

Whereas there are Disputes depending between the respective
Proprietors of the Provinces of Maryland and Pensilvania,
touching the Limits or Boundaries of the said Provinces where
they are contiguous to ench other: And whereas both Parties
are, at this time, sincerely inclined to enter into a Treaty, in
order to take such Methods as may be adviseable for the final
determining the said Controversy, by agreeing upon such Lines,
or other Marks of Distinction, to be settled, as may remain for
a perpetual Boundary between the two Provinces; it is there-
fore mutually agreed, between the Right Honourable Charles
Lord Baltimore. Proprietor and Governor of Maryland, and
Hannah Penn, Widow and Executrix of William Penn Esq;
late Proprietor and Governor of Pensilvania, and Joshua Gee,
of London, Merchant, and Henry Gouldney of London, Linnen-
Draper. in behalf of themselves and the Mortgagees of the Pro-
vince of Pensilvania, that, for avoiding of all manner of Con
tention or Differences between the Inhabitants of the said Prov-
inces, no Person or Persons shall be disturbed or molested in
their Possession, on either side nor any Lands be surveyed,
taken up or granted, in either of the said Provinces near the
Boundaries which have been claimed or pretended to on either
side; this Agreement to continue for the space of 18 Months
from the Date thereof; in which time, 'tis hoped, the Boundaries
will be determined and settled. And it is mutually agreed on,
by the said Parties, that Proclamations be made in the said Prov-
inces, signifying this Agreement, for the better quieting the
People; and the Lieutenant-Governors, and other proper Offi-
cers of the respective Provinces, for the time being, are directed
and enjoined to conform themselves agreeable hereunto, and to
issue our Proclamations accordingly, upon the Receipt hereof.
In Witneses whereof the Parties above-named have hereunto set
their Hands this 17th Day of February 1723. Baltimore, Hannah
Penn, Joshua Gee, Henry Gouldney. Witness S. Clement,
Charles Lowe, James Logan.

As by the said last recited Agreement, one Orierinal part
whereof, executed as aforesaid, the Plaintiffs Charge was de-



BOUNDARY QUESTION. 29

livered to, and in the Possession of, the said present Charles
Lord Baltimore, had the Plaintiffs the same to produce, relation
being thereunto had, would and might fully appear.

That, in pursuance and performance, on the part of the said
Hannah Penn,of the said last mentioned Agreement, a Proclama-
tion was duly published, on or about the 15th Day of May in
the Year 1724, by Sir William Keith, Bart. , then Deputy-Gov-
ernor under the said Hannah Penn in and over the said Prov-
ince of Pensilvania, and the said three Lower Counties, reciting
at full Length the same Agreement, and notifying the same to
the Inhabitants under his Government, and requiring the
Observation of the same Agreement.

And a like Proclamation, pursuant to the Tenor of the said
Agreement, ought to have been made and published by the Gov-
ernor, or Lieutenant, or Deputy-Governor of the said present
Charles Lord Baltimore, and so the Plaintiffs Charge was done
by the express Direction of the said present Lord Baltimore
himself.

That the Matters aforesaid remanied at quiet, under the said
last mentioned Agreement, not only during the 18 Months
therein mentioned, but for a much longer time, in Vertue and
Consequence, and under the true intent, meaning and equity



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