True Copies of I. the Agreement Between Lord Baltimore and Messieurs Penn, Dated 10 May 1732

ARTICLES of AGREEMENT, &c.

ARTICLES of AGREEMENT indented, had, made, and concluded upon, this tenth Day of May, in the Fifth Year of the Reign of our Sovereign Lord George the Second, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c. Annoq; Domini 1732, BETWEEN the Right Honourable Charles Lord-Baron of Baltimore in the Kingdom of Ireland, true and absolute Lord and Proprietary of the Provinces of Maryland and Avalon, &c. of the one part, and John Penn, Thomas Penn, and Richard Penn Esqrs; Sons and Devisees under the Will of William Penn Esq; the Elder, their late Father, true and absolute Proprietaries of the Province of Pensilvania, &c. of the other part, in Manner and Form following; that is to say,

WHEREAS His late Majesty King Charles the First, by his Royal Charter or Letters Patent under the Great Seal of England, bearing Date at Westminster the twentieth Day of June, in the eighth Year of his Reign, did give, grant, and confirm unto Cecilius, then Baron of Baltimore, (the Great Grandfather of the said Charles Lord Baltimore ) and to his Heirs and Assigns, ALL that Part of a Peninsula lying in the Parts of America, between the Ocean on the East and the Bay of Chesopeake on the West, and divided from the other Part thereof by a right Line drawn from the Promontory or Cape of Land called Watkin's Point (scituate in the aforesaid Bay near the River of Wgbco ) on the West, unto the main Ocean on the East, and between that Bound on the South, unto that Part of Delaware Bay on the North, which lieth under the fortieth Degree of northerly Latitude from the Equinoctial, where New England ends; AND ALL that Tract of Land between the Bounds aforesaid; that is to lay, passing from the aforesaid Bay called Delaware Bay, in a right Line by the Degree aforesaid, unto the true Meridian of the first Fountain of the River Pattowmeck, and from thence trending toward the South unto the farther Bank of the aforesaid River, and following the West and South side thereof unto a certain Place called Cinquack, scituate near the Mouth of the said River where it falls into the Bay of Chesopeake, and from thence by a strait Line unto the aforesaid Promontory and Place called Watkin's Point (except as therein is excepted:) And his said late Majesty did thereby also grant and confirm unto the said then Lord Baltimore, his Heirs and Assigns, all Islands and Ilets within the Limits aforesaid, and all and singular the Islands and Ilets which were or should be in the Ocean,

AND WHEREAS his late Majesty King Charles the Second, by his Royal Charter or Letters Patent under the Great Seal of England, bearing Date at Westminster the fourth Day of March, in the thirty-third Year of his Reign, for the Considerations therein mentioned, did give and grant unto the said William Penn the Elder, his Heirs and Assigns, ALL that Tract or Part of Land in America, with all the Islands therein contained, as the same was bounded on the East by Delaware River, from twelve Miles distance Northwards of New-Castle Town, unto the forty-third Degree of northern Latitude, if the said River did extend so far northward; but if the said River should not extend so far northward, then by the said River so far as it did extend; and from the Head of the said River, the Eastern Bounds were to be determined by a Meridian Line to be drawn from the Head of the said River unto the said forty- third Degree: The said Lands to extend Westward five Degrees in Longitude, to be computed from the said Eastern Bounds: And the said Land to be bounded on the North by the beginning of the forty-third Degree of northern Latitude, and on the South by a Circle drawn at twelve Miles distance from New-Castle Northwards and Westwards unto the beginning of the fortieth Degree of northern Latitude, and then by a strait Line Westward to the Limit of Longitude above-mentioned. And his said late Majesty King Charles the Second did thereby also give and grant unto the said William Penn the Elder, his Heirs and Assigns, the free and undisturbed Use and Continuance in, and Passage into and out of all and singular Ports, Harbours, Bays, Waters, Rivers, Isles and Inlets, belonging unto or leading to or from the Country or Islands aforesaid; and all the Soil, Lands, Fields, Woods, Underwoods, Mountains, Hills, Fenns, Isles, Lakes, Rivers, Waters, Rivulets, Bays and Inlets, scituate or being within, or belonging unto the Limits and Bounds aforesaid; and also all Veins, Mines, and

AND WHEREAS by Indenture of Bargain and Sale enrolled, bearing Date on or about the four and twentieth Day of August, in the Year of our Lord One Thousand Six Hundred Eighty and Two, and made or mentioned to be made, between his Royal Highness James then Duke of York, (afterwards James the Second, King of England ) of the one part, and the said William Penn the Elder of the other part, his said Royal Highness (for the Considerations in the said Indenture mentioned) did bargain, sell, enfeoff, and confirm unto the said William Penn A the 2 the Elder, his Heirs and Assign; for ever, ALL that the Town of New-Castle, otherwise called Delaware, and all that Tract of Land lying within the Compass or Circle of twelve Miles about the same, scituate, lying, and being upon the River Delaware in America, and all Islands in the said River Delaware, and the said River and Soil thereof, lying North of the Southermost Part of the said Circle of twelve Miles about the said Town, together with all Rents, Services, Royalties, Franchises, Duties, Jurisdictions, Liberties and Privileges thereunto belonging; and all the Estate, Right, Title, Interest, Powers, Property, Claim and Demand whatsoever, of his said Royal Highness, in or to the same, to hold to the said William Penn the Elder, his Heirs and Assigns, to the only Use of the said William Penn the Elder, his Heirs and Assigns for ever. AND WHEREAS by another Indenture of Bargain and Sale or Feoffment, bearing Date on or about the said four and twentieth Day of August, in the said Year One Thousand Six Hundred Eighty and Two, and made, or mentioned to be made between his said Royal Highness of the one part, and the said William Penn the Elder of the other part, his said Royal Highness for the Considerations in the said last Indenture mentioned, did bargain, sell, enfeoff, and confirm unto the said William Penn the Elder, his Heirs and Assigns, all that Tract of Land upon Delaware River and Bay, beginning twelve Miles South from the Town of New-Castle, otherwise called Delaware, and extending South to the Whore Kilns, otherwise called Capin Lopen (which said last mentioned Tract of Land hath been divided into two Counties, and called by the Names of Kent and Sussex; and these two Tracts, together with the Town of New-Castle, are and have been commonly called by the Name of the three lower Counties of New-Castle, Kent and Sussex ) together with the Soil, Fields Woods, Underwoods, Mountains,

AND WHEREAS soon after the granting the said Charter and Deeds of Bargain and Sale or Feoffment unto the said William Penn the Elder, several Disputes and Differences arose between the then Lord Baltimore, (Grandfather of the said Charles Lord Baltimore ) and the said William Penn the Elder, touching the respective Bounds and Limits of the said Provinces of Marylaand and Pensilvania, and between the said Province of Maryland and the said three lower Counties of New-Castle, Kent and Sussex, in regard that the Observations made by Mathematicians and other skillful Persons from time to time, in order to the fixing the Place of the fortieth Degree of northerly Latitude (mentioned and referred to by both the said Charters of Maryland and Pensilvania ) greatly varied and differed from each other; and also in regard that the said Tracts of Land since called the three lower Counties of New-Castle, Kent and Sussex, which were granted to the said William Penn the Elder, by the said Deeds of Bargain and Sale or Feoffment (or at least some Parts thereof) were comprized within the Bounds and Limits which had been mentioned in the said Charter of Maryland. AND WHEREAS, notwithstanding several Treaties and Endeavours for settling the said Disputes and Differences, divers Difficulties have arisen, and many Persons have seated themselves upon great Parcels of the Lands in dispute, without Authority from either of the Proprietors, and without paying the usual Fines or Quit-rents, or conforming themselves to the Government and Establishment settled in any of the said Provinces or Counties: But for the putting a final and friendly End and Accommodation to the said Disputes and Differences, the Parties hereunto have come to the following Agreement touching the same.

NOW THEREFORE THESE PRESENT ARTICLES WITNESS, That it is hereby mutually and reciprocally covenanted, promised, declared and agreed by each and every one of the said Parties to these Presents, for himself, and his Heirs, Executors and Administrators, to and with all and every other of the same Parties to these Presents, and their several and respective Heirs, Executors and Administrators, in Manner and Form following; that is to say,

I. THAT the Draught or Plan printed in the Margin upon this Skin of Parchment, which contains a Map of the Peninsula herein before-mentioned, and also of the Tracts of Ground wherein the said Province of Maryland, (or part thereof) the said Three Lower Counties, part of the said Province of Pensilvania, and part of Virginia do lie, is a true Copy of those which had been sent over from America,

II. THAT there shall be the said Circle mentioned in the said Charter for Pensilvania, and Deed of Bargain and Sale or Feoffment of New-Castle, (or so much thereof as is requisite) drawn and marked out at the twelve Miles distance from the Town of New-Castle; which twelve Miles shall be twelve English Statue Miles.

III. THAT a due East and West Line shall be drawn across the said Peninsula, (or across so much of it as shall be requisite) such East and West Line to begin on the East Part, at the Place in the said Draught or Map called Cape Hinlopen, which lies South of Cape Cornelius, upon the eastern Side of the said Peninsula, towards the main Ocean; and at the Point of the said Cape; and to run toward the Western Side of the said Peninsula, which lies upon the Chesopeake Bay; but to stop in the exact Middle of that Part of the same Peninsula, when so running a due East and West Course.

IV. THAT from the Western Point or End of the said East and West Line (which Western Point or End shall be just half way across the said Peninsula) a strait Line shall run Northward up the said Peninsula (and above the said Peninsula if it require it) till it shall so touch the Western Part of the Periphery of the said Circle, as to make a Tangent thereto: The said strait Line, as at present apprehended, will run pretty near South and North, but (however it may bear on the Compass) such strait Line shall be run Northward up the said Peninsula (and above the said Peninsula if it require it) and shall begin at and from the Western Point or End of the aforesaid East and West Line, and shall run until it touches and makes a Tangent to the Western Part of the said Periphery of the said Circle, and there the said strait Line shall end.

V. THAT at the Northern Point or End of the said strait Line, a Line shall begin, and from thence run due North above the said Peninsula, but so far only until it comes into the same Latitude, as fifteen English Statute Miles due South of the most southern Part of the City of Philadelphia.

VI. THAT a due East and West Line shall be run in Manner following; it shall begin at the northern Point or End of the said due South and North Line, and shall from thence run due West cross Sasquehannah River, to the utmost Western Extent of the said Province of Pensilvania, or so far in part thereof as shall be at present requisite, in regard that as the same is to be a due East and West Line, the beginning part thereof may be sufficient to continue the same by, when further occasion shall require, and when the Lands Westward in the said Provinces of Maryland and Pensilvania shall be better settled, and that it would occasion a very great Expence, and likewise be at present needless to run the same to the utmost Extent Westward of the said Province of Pensilvania;

VII. THAT the part of a Circle at present drawn with Red Ink upon the said Draught or Plan, and the red Lines also drawn thereupon, are now drawn to serve as an Explanation to this present Agreement, but not with exact Certainly, in regard the said Draughts or Plans so sent over to the Parties aforesaid, have neither Scale or Compass to them. VIII 3 VIII. THAT the first abovementioned due East and West Line to run from Cape Hinlopen to the Middle of the Peninsula, and the said strait Line to run from the Westward Point thereof Northwards up the said Peninsula (and above the said Peninsula if it require it) till it touches or makes a Tangent to the Western Part of the Periphery of the said Twelve Miles Circle; and the said due South and North Line to run from such Tangent till it meet with the Upper or more northern East and West Line: And the said upper East and West Line to begin from the Northern Point or End of the said South and North Line, and to run due Westward at present cross Sasquehannah River, and Five and Twenty English Statute Miles at least on the Western Side of the said River, and to be fifteen English Statute Miles South of the Latitude of the most Southern Part of the said City of Philadelphia, are and shall be, and shall at all Times for ever hereafter be allowed and esteemed to be, the true and exact Limits and Bounds between the said Province of Maryland, and the said Three Lower Counties of New-Castle, Kent, and Sussex, and between the said Provinces of Maryland and Pensilvania; excepting only, that in Cafe the said North Line from the Tangent of the Circle of New-Castle shall break in upon the said Circle, in such Cafe, so much of the said Circle as shall be cut off by the said Line, shall belong to and be part of the County of New-Castle.

PROVIDED ALWAYS, and it is hereby mutually covenanted, concluded, and agreed, by and between the Parties to these Presents, that in cafe it should happen in the Running or Setting-out the Lines or Boundaries hereby agreed upon, that the Head or Heads of any River or Rivers leading either into the Bay of Chesopeake, or into the Bay of Delaware, or unto the Sea, shall remain on one Side the Lines and Boundaries hereby agreed to be run or set out, and that the lower Part of such River or Rivers shall remain within or run thro' the other Province or Counties, and on the other Side of such Lines and Boundaries; then and in such Case, this present Agreement, or any Matter or Thing herein contained, is not intended, and shall not in any wise be construed or extended to give or yield to the People or Inhabitants of the Province or Counties within whose Limits the Heads of any such River or Rivers shall according to this present Agreement fall or remain, any Sort of Right or Title to carry on any Commerce into the said Bays of Delaware or Chesopeake, or either of them, or into the Sea thro' the lower parts of such River or Rivers, which may run thro' the Territory or Limits of any other Province or Counties, without the Leave or License of the respective Proprietor or Proprietors of the

IX. THAT the said Charles Lord Baltimore, and his Heirs and Assigns on his part, and the said John Penn, Thomas Penn, and Richard Penn, and their several and respective Heirs and Assigns on their parts, shall and will by sit and proper Powers and Instrument, within two Calendar Months from the Day of the Date of these Presents, authorize and appoint a sufficient Number of discreet and proper Persons, not more than seven on each Side, to be their respective Commissioners, with full Power to the said seven Persons, or any three or more of them, for the actual running, marking, and laying out, the said Part of Circle, and the said before-mentioned Lines: which said Commissioners shall give due and proper Notice to each other, and shall fix and agree upon a Time of Times to begin and proceed in the running, marking,and laying out the same; and the same shall begun at the farthest some Time in the Month of October next, and shall be proceeded in with all Fairness, Candour, and Dispatch that may reasonably be And the said Lines shall be marked out by visible Stones, Posts, Trees, Pillars, Buildings, Land-marks, or other certain Boundarys which may remain and continue; such Boundarys to be marked on one Side with the Arms of the said Charles Lord Baltimore, and on the other Side with the Arms of the Proprietors of Pensilvania. And such Lines shall be compleatly so run, mark'd, and laid out, (as far as by this Agreement is intended) on or before the Twenty-fifth Day of December, One Thousand Seven Hundred and Thirty-three: and when so done, a true and exact Plan and Survey thereof, with the best and most exact and certain Description that can possibly be given of the same, shall be made up, and sign'd, and seal'd, by the said Commissioners on both Sides, and by their Principals, and shall be entred in all the publick Offices, in the said several Provinces and Counties: And moreover it shall be recommended by the respective Proprietors to the Assemblies of the said several Provinces and Counties, forthwith to pass Acts of Legislature for the Visitation upon certain fix'd Days to be agreed on on both Sides (at least Once in every Three Years) and for the continual Reparation of the said Boundarys and Bound-marks, that no Disputes may arise hereafter concerning the same.

PROVIDED ALWAYS, and it is hereby agreed, that in Case a sufficient Quorum of the Commissioners to be named on either Side, shall not from time to time according to the Appointments and Adjournments to be made for that purpose, attend to proceed in the marking and running out the Lines and Bounds aforesaid, for want whereof the same cannot be done within the Time before limited, then this present Agreement, and every Article and Thing herein contained, shall cease, determine, and be void; and then and in such Case, the Party or Parties whose Commissioners shall make such Default his or their Heirs, Executors, or Administrator, shall and will forfeit and pay

X. THAT the said Charles Lord Baltimore, for himself and his Heirs, doth by these Presents for every renounce,release, and quit claim unto the said John Penn, Thomas Penn, and Richard Penn, and their Heirs, all Rights, Titles, Interest, Powers, Prerogatives, Claims, Demands, and Pretensions, to the said Province of Pensilvania, and to the said Three Lower Counties of New-Castle, Kent, and Sussex, to be so bounded as aforesaid, (Part at least of he same Three lower Counties being now known to be comprized within the Bounds mentioned in the said Charter of Maryland) and shall also, at the Request and Cost in the Law of the said John Penn, Thomas Penn, and Richard Penn, and their Heirs, grant, convey, and assure, in the most effectual Manner, the said Province of Pensilvania, and the said Three Lower Counties to be bounded as aforesaid, and all his and their Right, Title, Interest, Powers, Claims, and Demands, in and to the said Province of Pensilvania, and the said Three Lower Counties to be so bounded as aforesaid, and every Part of the same, free of all Incumbtances by the said Cecilius Baron of Baltimore, Great Grandfather of the said Charles Lord Baltimore, Charles Grandfather of the said Charles Lord Baltimore, Benedict Father of the said Charles Lord Baltimore, or by him the said Charles Lord Baltimore Party hereto, his Heirs or Assigns, excepting such Grants and Agreements to Planters as herein after mentioned, unto the said John Penn, Thomas Penn, and Richard Penn, and their Heirs; TO HAVE AND TO HOLD unto the said John Penn, Thomas Penn, and Richard Penn, and their Heirs, to the only Use and Behoof of them and their Heirs for ever, in such Manner as by them the said John Penn, Thomas Penn, and Richard Penn, or their Heirs, or their Council learned in the Law, shall be reasonably devised, advised, and required. AND on the other Hand, the said John Penn, Thomas Penn, and Richard Penn, for themselves and their Heirs, do by these Presents for ever renounce and quit claim unto the said Charles Lord Baltimore and his Heirs, all Rights, Titles, Interest, Powers, Prerogatives, Claims, Demands, and Pretensions to the said Province of Maryland, to be so bounded as aforesaid, (Part whereof when so bounded being apprehended to be comprized within the Bounds mentioned in the said Charter for Pensilvania;) and shall also at the Request and Cost in the Law of the said Charles Lord Baltimore and his Heirs, grant, convey, and assure,in the most effectual Manner, the said Province of Maryland, to be so bounded as aforesaid, and all their and every of their Right, Title, Interest, Powers, Claims, and Demands, in and to the said Province of Maryland, to be so bounded as aforesaid, and every part of the same, (free of all Incumbrances by the said William Penn the Grandfather, William Penn the Father, Springett Penn Esq; deceased, William Penn the Son, John Penn, Thomas Penn, and Richard Penn, their Heirs or Assigns) excepting such Grants or Agreements to Planters as herein after mentioned, unto the said Charles Lord Baltimore and his Heirs, TO HAVE AND TO HOLD unto the said Charles Lord Baltimore and his Heirs, to the only Use and Behoof of him and his Heirs for ever, in such Manner as by him or them, or his or their Council learned in the Law, shall be reasonably devised, advised, and required. XI.

True copies of I. The agreement between Lord Baltimore and Messieurs Penn, dated 10 May 1732. II. The Commissions given to the commissioners to mark out the lines between Maryland, and Pensilvania, and the three lower counties on Delaware. III. The return or report of the commissioners on both sides, made 24 Nov. 1733. Shewing for what reasons the lines were not mark'd out within the time appointed for that purpose. http://www.loc.gov/resource/rbpe.14100100 4 XI. AND WHEREAS during the Disputes which have hitherto subsisted, and now are accommodated between the Parties to these Presents, divers Persons under Grants, Patents, Leases, Warrants, Licences and Agreements, made and granted from and agreed with the said Charles Lord Baltimore and his Ancestors, before the fifteenth Day of May, One Thousand Seven Hundred Twenty and Four, may have cleared, occupied and possessed, several Parcels of lands within the Limits and Bounds hereby yielded and agreed upon for the said Province of Pensilvania, and for the said Three Lower Counties: And in like manner other Persons under Grants, Patents, Leases, Warrants, Licences and Agreements made and granted from, and agreed with the said John Penn, Thomas Penn, and Richard Penn, or their Ancestors, before the said fifteenth Day of May One Thousand Seven Hundred Twenty and Four, may have cleared, occupied, and possessed several Parcels of Lands within the Limits and Bounds hereby yielded and agreed upon for the said Province of Maryland, and it may be proper to quiet such Occupiers and Possessors in their respective Possessions (which might otherwise be disturbed by this present Agreement of the Proprietors under some Restrictions;) IT IS THEREFORE mutually agreed, that in order to the Information of the Parties to these Presents, touching the Premisses, each of the said Proprietors shall have full and free liberty to take Copies at their respective Costs and Charges, of all Grants, Patents, Leases, Warrants, Licences and Agreements, which at any time before the said fifteenth Day of May, One Thousand Seven Hundred Twenty and Four, have been made or granted by the respective Proprietors of their Ancestors,a nd under which any of the said Occupiers do hold or claim any such Parcels of Land: And in order to quiet and settle such Occupiers, every of them shall and may, upon Request and Payment of the accustomed Fees, in such Cases only, have new Grants or Patents from the respective Proprietors within whose Territory or Limits their Lands, by Virtue of, or according to this present Agreement, shall lie for the like Estate, Term, and Interest, as mentioned in their originals Grants, Warrants, Leases, Licences or Agreements, upon condition that the said Occupiers respectively do first attorn, and become Tenants to their respectively Proprietors within whose Territory or Limits their Lands now lie, by virtue of, or according to this present Agreement, and do submit themselves in all Things to the Government thereof, and do pay to their new Proprietor or Proprietors (unless it shall be dispensed with by him or them) all such Fines, Rents and Arrearages of Rent and Duties, as by their original Grants, Licences or Agreements, were to have been payed to their former Grantor or Proprietor, and which have not been really and bonâ fide payed to or the Use of such their former Proprietor; and for the time to come such Occupiers shall be put upon the like Foot and condition with the rest of the Occupiers and Tenants who hold Lands in such Parts of the said respective Provinces and Counties as have never been in Contest; and such Occupiers and Tenants claiming originally under another Proprietor, as aforesaid, shall hold their Lands and have Patents thereof granted them by their new Proprietor, subject to the like Fines, Rents Quit-rents, Duties, Services and Reservations, as the other Landholders are and have been generally subject to in the respective Provinces and

XII. THAT in case the Parties hereto can conclude upon any further Clauses in favour of the Occupiers of any Lands within the Bounds heretofore disputed, but by these Presents fixed and determined; the same shall be contained in a subsequent Agreement between them.

LASTLY, THAT all the Parties hereto, and their Representatives shall at all times hereafter use all friendly Means and Offices to the utmost of their power, to assist and support this present Agreement, and the several and respective Rights, Interests and Pretensions of the Parties, by virtue hereof.

IN WITNESS whereof, all the Parties above-named to these present Articles, have hereunto set their Hands and Seals, the Day and Year first above-written.

Sealed and delivered (being first duly Stampt) by the within-named Charles Lord Baltimore, and John Penn, Thomas Penn, and Richard Penn Esqs; in the Presence of us,

Baltimore,

John Penn,

Thomas Penn,

Richard Penn.

Abraham Taylor,

John Georges,

Ferd. John Paris,

Matth. Biddle.

The COMMISSION.

John Penn, Thomas Penn, and Richard Penn, Esqs; true and absolute Proprietors and Governors of the Province of Pensilvania, &c. in America; To Patrick Gordon Esq; Deputy Governor of the said Province, &c. Isaac Norris Esq; Samuel Preston Esq; James Logan Esq; Andrew Hamilton Esq; James Steel Gent. and Robert Charles Gent. send greeting.

SEVERAL Differences and Disputes having heretofore happened between the said John Penn, Thomas Penn, and Richard Penn, and their Ancestors, on the one part, and the Right Honourable Charles Lord Baltimore, and his Ancestors, on the other part, touching the Limits and Bounds between the said Province of Pensilvania and the Three lower Counties called New-Castle, Kent, and Sussex, and the Province of Maryland in America; which Differences and Disputes occasioned great Disquietudes and Uneasiness. In order to put an End to such great Inconveniences, the said John Penn, Thomas Penn, and Richard Penn, did about the tenth Day of this present Month of May, One Thousand Seven Hundred Thirty and Two, execute certain Articles of 5 of Agreement made between the said Charles Lord Baltimore, on the one part, and the said John Penn, Thomas Penn, and Richard Penn, on the other part, whereby (amongst divers other Clauses and Agreements therein contained) it was by all the Parties thereto agreed to the following Effect.

I. THAT the Draught or Plan, printed in the Margin of that Agreement, (and which was the like with that printed in the Margin hereof) was a true Copy of those which had been sent over from America, to the Parties to the said Agreement, by their respective Agents in those Parts, for the Assistance and Guidance of the said Parties, in settling the Disputes, and by which that Agreement was to be explained and understood.

II. THAT the Circle mentioned in the Charter for Pensilvania, and Deed of Bargain and Sale or Feoffment of New-Castle (or so much thereof as was requisite) should be drawn and marked out at the Twelve Miles Distance from the Town of New-Castle, which Twelve Miles should be Twelve English Statute Miles.

III. THAT a due East and West Line should be drawn across the said Peninsula (or across so much of it as should be requisite) such East and West Line to begin on the East Part at the Place in the said

IV. THAT from the Westward Point or End of the said East and West Line (which Westward Point or End should be just half-way across the said Peninsula) a strait Line should run Northwards up the said Peninsula (and above the said Peninsula, if it required it) till it should so touch the Western Part of the Periphery of the said Circle as to make a Tangent thereto; the said strait Line as apprehended would run pretty near South and North, but (however it might bear on the Compass) such strait Line should be run Northward up the said Peninsula (and above the said Peninsula if it required it) and should begin at and from the Western Point or End of the aforesaid East and West Line, and should run until it touched and made a Tangent to the Western Part of the said Periphery of the said Circle, and there the said strait Line should end.

V. THAT at the Northern Point or End of the said strait Line, a Line should begin, and should from thence run due North above the said Peninsula, but so far only until it came into the same Latitude as Fifteen English Statute Miles due South of the most Southern Part of the City of Philadelphia.

VI. THAT a due East and West Line should be run in Manner following, to begin at the Northern Point or End of the said due South and North Line, and from thence to run due West cross Sasquehannah River to the utmost Western Extent of the said Province of Pensilvania, (or so far in part thereof as should be at present requisite, in regard that as the same was to be a due East and West Line, the Beginning Part thereof might be sufficient to continue the same by, when further Occasion should require, and when the Lands Westward in the said Provinces of Maryland and Pensilvania should be better settled; and that it would occasion a very great Expence, and likewise be at present needless, to run the same to the utmost Extent Westward of the said Province of Pensilvania, however the same should (at present) be run cross Sasquehannah River, and about Twenty-five English Statute Miles further on the Western Side of the said River.)

VII. THAT the Part of a Circle drawn with red Ink upon the Draught or Plan, and the red Lines also drawn thereupon, were drawn to serve as an Explanation to the said Agreement; but not with exact Certainty, in regard the said Draughts or Plans so sent over to the Parties as aforesaid, had neither Scale or Compass to them.

VIII. THAT the first above-mentioned due East and West Line to run from Cape Hinlopen to the middle of the Peninsula, and the said strait Line to run from the Westward Point thereof Northwards up the said Peninsula (and above the said Peninsula if it required it) till it touched or made a Tangent to the

IX. THAT the said Charles Lord Baltimore, and his Heirs and Assigns on his part, and the said John Penn, Thomas Penn, and Richard Penn, and their several and respective Heirs and Assigns on their parts, should and would by fit and proper Powers and Instruments, within two Calendar Months from the Day of the Date of the said Articles, authorize and appoint a sufficient number of discreet and proper Persons, not more than seven on each side, to be their respective Commissioners, with full Power to the said seven Persons, or any three or more of them, for the actual running, marking, and laying out the said Part of a Circle, and the said before-mentioned Lines, which said Commissioners should give due and proper notice to each other, and should fix and agree upon a Time or Times to begin and proceed in the running, marking, and laying out the same; and the same should be begun at the farthest some time in the Month of October, then and now next, and should be proceeded in with all Fairness, Candour and Dispatch, that might reasonably be, and the said Lines should be marked out by visible Stones, Posts, Trees, Pillars, Buildings, Land-marks, or other certain Boundaries which might remain and continue; such Boundaries to be mark'd on one side with the Arms of the said Charles Lord Baltimore, and on the other side with the Arms of the Proprietors of Pensilvania; and such Lines should be compleatly so run, marked, and laid out, (as far as by the said Agreement was intended) on or before the twenty-fifth Day of December, One Thousand Seven Hundred Thirty and Three; and when so done, a true and exact Plan and Survey thereof, with the best and most exact and certain Descriptions that could possibly be given of the same, should be made up and signed and sealed by the said Commissioners on both sides, and by their Principals; and should be entered in all the publick Offices in the said several Provinces and Counties; and moreover if should be recommended by the respective Proprietors to the Assemblies of the said several Provinces and Counties, forthwith to pass Acts of Legislature for the Visitation upon certain fixt Days to be agreed on on both sides, (at least once in every three Years) and for the continual Reparation of the said Boundaries and Bound-marks, that no Disputes might thereafter

NOW KNOW YE, that the said John Penn, Thomas Penn, and Richard Penn, in pursuance and part of Performance of the said recited Agreement with the said Charles Lord Baltimore, reposing special Trust and Confidence in the Skill and Integrity of the said Patrick Gordon, Isaac Norris, Samuel Preston, James Logan, Andrew Hamilton James Steel, and Robert Charles, have authorized, constituted and appointed, and by these Presents do authorize, constitute 6 constitute and appoint them the said Patrick Gordon, Isaac Norris, Samuel Preston, James Logan, Andrew Hamilton, James Steel, and Robert Charles, or any Six, Five, Four, or Three of them, to be their Commissioners, with full power to them or any Six, Five, Four, or Three of them, for the running, marking, and laying out the said part of a Circle, and the said before-mentioned Lines, so agreed to be run, and to do every thing relating to such Lines, Limits or Bounds, which by the said recited Articles was agreed to be done by the Commissioners therein treated of, in order to ascertain, fix, and perpetuate the same.

PROVIDED ALWAYS, That in case of the Death, Sickness, Absence from the said Province of Pensilvania and the said Three Lower Counties, or other unavoidable Disability of any of the said hereby appointed Commissioners, it shall and may be lawful to and for the said Patrick Gordon, or the Deputy-Governor or Commander in Chief in the said Province of Pensilvania for the time being, to authorize, constitute, and appoint, by his Commission (which he has hereby Authority to grant under Seal of the said Province of Pensilvania ) so many new and other Commissioners for the Purposes aforesaid, in the Stead and Place of such of the said hereby appointed Commissioners, as shall so happen to die, be sick, absent, or otherwise unavoidably disabled as aforesaid.

WITNESS the Hands and Seals of the said John Penn, Thomas Penn, and Richard Penn, this twelfth Day of May, Anno Domini One Thousand Seven Hundred Thirty and Two.

Sealed and delivered by the above-named John Penn, Thomas Penn, and Richard Penn Esqs; the Presence of us,

Thomas Penn,

Richard Penn.

Abraham Taylor,

John Georges,

John Shewbart.

An Instrument, of the fame Tenour and Date, was executed by the Right Honourable the Lord Baltimore, directed to Samuel Ogle, Esq; the Honourable Charles Calvert, Esq; Philemon Lloyd, Esq; Michael Howard, Esq; Richard Bennet, Esq; Benjamin Tasker, Esq; and Matthew Tilghman Ward, Esq; appointing them Commissioners on his Lordship's Part; with full Power to them, or any Six, Five, Four, or Three of them, for the running, marking, and laying out the several Lines, pursuant to the foregoing Articles of Agreement between his Lordship and the Proprietors of Pensilvania, and the Three Lower Counties of New Castle, Kent and Sussex.

The Report of the Commissioners on both Sides, 24 Nov. 1733.

WHEREAS by Articles of Agreement, made the 10th Day of May 1732, between the Right Honourable Charles Lord Baltimore, Proprietor of the Province of Maryland, of the one Part; and the Honourable John Penn, Thomas Penn, and Richard Penn Esqrs; Proprietors of the Province of Pensilvania, and Counties of Newcastle, Kent and Sussex upon Delaware, on the other Part: It was agreed and concluded, that a certain Circle in the said Articles mentioned, or so much thereof as should be requisite, and also that a due East and West Line, should be drawn a-cross the Peninsula, mentioned in the said Articles, or so much thereof as should be requisite; such East and West Line to begin at Cape Henlopen, in the said Articles mentioned. And that from the Western Point, or End of the said East and West Line, which Western Point or End shall be just half way a-cross the said Peninsula, a straight Line shall run Northward, up the said Peninsula (and above the said Peninsula if it require it) till it shall so touch the Western Part or Periphery of the said Circle, as to make a Tangent thereto, &c. And divers other Lines, in the said Articles also mentioned, should be run, marked and laid out, before the Five and Twentieth Day of December in the Year 1733, by certain Commissioners to be respectively appointed for the said Purpose.

AND WHEREAS the said Proprietors of Pensilvania and said Counties, by their Commission, dated the same 12th Day of May, made in pursuance of the said Articles of Agreement, and duly Executed, did in like manner Appoint the Honourable Patrick Gordon Esq; Governor, Isaac Norris, Samuel Preston, James Logan, and Andrew Hamilton Esqrs; James Steel and Robert Charles, Gentlemen, or any Six, Five, Four or Three of them, to be their Commissioners, for the Purposes in the said Articles mentioned.

AND WHEREAS Six of the said Commissioners on the part of Maryland, viz. the Governor of Maryland, Charles Calvert, Philemon Lloyd, Michael Howard, Richard Bennet, and Matthew Tilghman Ward Esqrs; and Six on the part of Pensilvania, to wit, the Governor of Pensilvania, Isaac Norris, Samuel Preston, and Andrew Hamilton Esqrs; and James Steel and Robert Charles, Gentlemen, did on the Sixth Day of October 1732, meet at Newtown in the County of Kent in Maryland, and from thence adjourned to the 30th Day of the same Month, to meet at Newcastle, in order then to proceed to mark out the Circle in the said Agreement mentioned; and accordingly Six of the said Commissioners on the part of Maryland, and all the Commissioners on the part of Pensilvania, met at Newcastle on the said 30th Day of October; and having there had divers Conferences for some Days about the Execution of the said Articles, adjourned to a further Day.

AND WHEREAS because of the Indisposition of the said Richard Bennet, one of the Commissioners for Maryland, the Lord-Proprietor of the said Province, and Chief-Governor thereof, then Executing in Person the Power of Government in Maryland; found it necessary to appoint Edmund Jenings Esq; to be one of his Commissioners in the place of the said Richard Bennet, for the Purposes in the said Articles mentioned, pursuant to Powers reserved to each Governor for such Purposes. Also, by reason of the Death of the said Philemon Lloyd Esq; and of the Indisposition of the said Charles Calvert Esq; the Honourable Samuel Ogle aforesaid, Lieutenant-Governor of the said Province of Maryland, after the Departure of the Lord Baltimore out of his said Province, in pursuance of the Powers aforesaid, in the said Articles or Commissions made for that purpose, found it necessary to appoint others, and accordingly by his Commission duely Executed, dated the did appoint John Ross Esq; in the place and Stead 7 Stead of the said Charles Calvert; and by his Commission dated the duly Executed, did in like manner appoint James Harris Esq; in the Place and Stead of the said Philemon Lloyd, to be Commissioners for the Purposes aforesaid.

THAT is; the Commissioners on the part of Pensilvania insisted, as they always had done, in running and marking out a Circle, or so much thereof as should be requisite, at the Distance of 12 English Statute Miles from the Town of Newcastle; as in the 2d Article of the Agreement is directed, as the only Circle they conceive themselves impowered to run; and the Commissioners for Maryland, on their part insisted, as at former Meetings they had done, upon running a Circle, or so much thereof as should be requisite; whole Periphery or Circumference is 12 Miles only, or whose Diameter is somewhat less than 4 Miles, as the only Circle meant in the Deed of Bargain and Sale and Deed of Feoffment for Newcastle, and as the only Circle intended by the Proprietors in the said Articles; which Circle the Commissioners of Maryland conceived themselves only impowered to run.

AND that, under this difference of Judgment, the Commissioners of Pensilvania having refused to proceed to Cape Henlopen, in Order to fix the Cape and run the East and West Line, because they say, for the Reasons by them assigned, it could be to no manner of purpose; the Commissioners of Maryland were of Opinion, that no other Consequence can arise, than either, that the Commissioners should continue at Newcastle, until the said 25th of Dec. next, without running the said Circle about Newcastle, or depart from Newcastle without further Adjournment: And as the last Eleven Days, since the 14th of this Instant inclusive, have passed in Debates that have not in the least tended to any nearer Agreement between the Commissioners, and the time limited for executing the said Articles is now so near expiring, that even with the utmost Industry and Application, it would scarce by any means be found practicable to run and mark out, and fix all the several Lines in the Articles agreed, and required to be done:

WHEREFORE, upon the whole, the Commissioners on both Sides, under these Circumstances, agree that it cannot answer any of the Purposes intended by the said Articles to continue longer together, and therefore think it proper to depart without further Adjournment, and leave the Conduct of the Commissioners on both Sides, and their Endeavours used towards the execution of the aforesaid Articles of Agreement, to the Justice and Wisdom of their Superiours.

Isaac Norris,

Samuel Preston,

James Logan,

A. Hamilton,

Samuel Ogle,

Benjamin Tasker,

Edmond Jenings,

John Ross.

David French,

Joseph Wood,

S. Bourn.

DAVID FRENCH, of the County of Newcastle on Delaware, Esq; and Sampson Bourn of the same Place, Gent. being solemnly sworn on the Holy Evangelists, do severally make Oath, That at Newcastle aforesaid, on the 24th Day of November last they were present and saw Isaac Norris, Samuel Preston, James Logan, and Andrew Hamilton, of the Province of Pensilvania, Esqs; Samuel Ogle, Benjamin Tasker, Edmund Jenings, and John Ross, of the Province of Maryland, Esqs; sign and exchange a certain Writing or Instrument, to which these Deponents (together with Joseph Wood ) did subscribe their Names as Witnesses; and that the foregoing is a true and exact Copy hereof, by the said Deponents faithfully compared with the Original.

David French,

Sampson Bourn. Baltimore, Charles Calvert, 6th baron F152 B19 Rare Bk. Coll.

I. The Agreement between Lord Baltimore and Messieurs Penn, dated 10 May 1732.

II. The Commissions given to the Commissioners to mark out the Lines between Maryland, and Pensilvania and the Three Lower Counties on Delaware.

III. The Return or Report of the Commissioners on both Sides, made 24 Nov. 1733. Shewing for what Reasons the Lines were not mark'd out within the Time appointed for that Purpose. 141/1