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1683. long returned before two letters came from two mjudges of two of the country courts, that such a W. Penn's proclamation was abroad, that the people tco hear. Lords of ken to it, but yet prayed my directions. I bade plantations, them keep their ground, and not fear, for the

King would be judge. Upon this I dispatched to the Lord Baltimore three of my council, with the clerk of it: As they went they got an authentic copy, under the hand of one of his sheriffs, to whom an original had been directed: But, as the last civility, I would yield him, I forbad them to seem to believe any thing, but what they had from his own mouth. Thus they delivered my letter. .

« At first, he denied any such proclamation, turning to two gentlemen of his council, who stood by, he asked them, if they remembered any such thing? They also denied it. Upon which the persons, I sent, produced the attested

copy;

which, refreshing their memories, they confessed there was such a proclamation.

66 But the Lord Baltimore told them, that it was his ancient form, and he only did it to renew his claim, not that he would encourage any to plant there. They then prayed him to call it in, lest any trouble should ensue: but he refused it. This was during a civil treaty, without any demand made, and after the place had been many years in the quiet possession of the Duke...

What to cal this I still humbly refer to my superiors. For his pretensions to those parts I have thoroughly instructed my agent; who, I hope, will be able to detect them of weakness and inconsistency. This is a true, though brief, narrative of the entertainment, I have had from that Lord, in the business be

tween us.

c. And because I have, as in duty joined, sent an agent extraordinary, to wait upon the King, and his ministers, in the affairs of this province (so foon as I could make any settlement in it) I shall only

humbly

letter to the Lords of

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humbly pray leave to hint at two or three things, 1683.
relating to the business depending between this lord m
and myself, about finding the fortieth degree of W. Penn's
north latitude.
I. “ That I have common fame on my fide, &c.

plantations
grounded upon ancient and constant judges, that
the fortieth degree of north latitude lyeth about
Boles's-isle. This the Lord Baltimore himself, hath
not denied; and the country confefseth; and I shall,
when required, prove by some able masters of
ships.

II. “ If this were an error, it is grounded upon such skill and instruments, as gave measure to the time, in which his patent was granted:--and if he hath got upon Virginia by that error, he should not get upon me by an exacter knowledge, considering that Carolina, which endeth by degrees, would as much advance upon Virginia, if the reputed latitude of unprejudiced times should take no place;-for by advancing her bounds twenty miles, by a new instrument, beyond the place; which hath been generally taken for thirty-six and an half degrees; and Virginia not being equally able to advance upon Maryland, because of its being at a place certain, The will be greatly narrowed between both.

III. “ I, therefore, most humbly pray, that the
judgment of ancient times, by which persons at the
distance of England from America, have governed
themselves, may conclude that the lord's bounds, or,
that he may measure his two degrees according to
the scale and computations of those times, which
was fixty miles to a degree; or, if it be allowed,
that he had not his grant by degrees, that, at last,
I might not lose the benefit of admeasurement, as
before mentioned, from Watkins's-point, in whatever
degree of latitude that shall be found, to the fortieth
degree of north latitude, which I humbly take the
more courage to press, because

, a province lyeth at
stake, in the success of it.
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1683. "I have only humbly to add, that the province

hath a prospect of an extraordinary improvement, W. Penn's as well by divers sorts of strangers, as English subLords of jects; that, in all acts of justice, we name and veplantations, nerate the King's authority; that I have followed

the Bishop of London's counsel, by buying, and not taking away the natives' land; with whom I have settled a very kind correspondence. I return my most humble thanks for your former favors, in the passing of my patent, and pray God reward you. I am most ready to obey all your

your commands, according to the obligations of them, and beseech you to take this province into your protection, under his Majesty, and him, whom his goodness hath made Governor of it, into your favours, for that I am, with most sincere devotion,

Noble Lords,

Tour thankful faithful, friend
and servant, to my power,

WILLIAM Penn. The nature and state of this controversy, about this time, further appear, by the following papers,

viz Lord Bal- 66 Charles Lord Baltimore, absolute Lord and Protimore's

prietary of the province of Maryland and Ava

lon, &c. Talbot, &c.

“ To our dear cousin and counsellor, Colonet George Talbot, Esquire. (L. S.)

« REPOSING special confidence in your wil dom and integrity, I hereby nominate and appoint and impower you to repair forthwith to the Skulkil at Delawaré; and, in my name, to demand of William Penn, Esquire, or of his deputy, all that part of the land, on the west side of the said river, that lyeth to the southward of the fortieth degree, northern latitude, according to an east line, run out from two observations, the one taken the 10th.

of

commission
to col. G.

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Talhotes

EN

of June, 1682, and the other, the 27th. of Septem- 1683.
ber, 1682, in obedience to his majesty's commands,
expressed in a letter of the ad. of April 1681;
which commands were, at that time, rejected by
the agents of the faid Penn (notwithstanding that
by several letters and writings under their hands
it may appear they promifed a compliance with his
majesty's commands aforesaid) and for which

you
thall do herein, this shall be to you a sufficient
power.Given under my hand and seal, the 17th.
day of September, anno 1683."

66 ÇBALTIMORE.
Vera.copia altesla per me,
George Talbot."

By virtue of his lordship's commission, whereof
the above is a true copy, I, George Talbot, do, in demand.
the name of the right honourable Charles Lord
Baltimore, abfolute Lord and Proprietary of Man
ryland and Avalon, demand of you Nicholas Moore,
deputy to William Penn, Esquire, all the land lying
on the west side of Delaware river, and to the
southward of the fortieth degree of northerly lati-
tude, according to a line run east, from two obfer-
vations, the one taken the roth. of June, 1682,
and the other on the 27th. of September, 1682,
in obedience to his majesty's commands, expreffed
in a letter, the ad. of April, 1681; which com-
mands were at that time rejected by the said William
Penn's agents, notwithstanding that by several let-
ters and other writings, under their hands, it appears
that they promised compliance to his majesty's com-
mands aforesaid.The land so claimed by me for
the Lord Baltimore's ufe, being part of the said
province of Maryland, granted to his lordship’s
father by King Charles the first, of sacred memory,
and now wrongfully detained by the faid William
Penn, from his lordship. And, in witness, that
I make this demand, I have hereunto fet my hand
and seal, the 24th. day of September, 1683."

4 GEORGE TALBOT.” (L. S.)

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New York

W. Penn's. answer to

demand.

1683 William Penn, being at New-York, at the time w of this demand, after his return, made the followW. Penn at ing answer, viz. at this time. An answer to a demand, made to Nicholas Moore,

as my deputy, by Colonel George Talbot, the 24th.

of September, 1683, in pursuance of a commission, Baltimore's · from the Lord Baltimore, Proprietary of Maryland

and Avalon, dated the 17th of the same month.

The demand being grounded upon the commission, I will take things in their order, and begin with the commission.

“ The Lord Baltimore doth commissionate Colo. nel Talbot to go to the west side of the Skulkil to demand of William Penn, Esquire, or his deputy, all that part of land on the west side of that river, that lyeth to the south of the fortieth degree of northerly latitude.

1. “I answer, it seems very slight, abrupt and unprecedented for any person, that is in the quality of a Proprietary of a country, to send to another in the fame circumstance, any extraordinary mesa senger, agent, or commissioner, without fome letter, or memorial, to state the demand, with the reasons of it; the practice of the greatest princes, and might therefore (I conceive) be the condescen. fion of lefser seigniories.

II. “ In the next place, William Penn, Esquire, and the said Penn, (the language of the commission) is not my American style, nor that which belongs to me, in the matter in question; for, as fuch, I keep no deputies.

III. • I live not on the west side of Skulkil, nor any deputy of mine; and I conceive Colonel Talbot could not, by that commission, come to the east fide, to make his demand; which yet he did.

IV. “ I was absent, and at New-York, when this commissioner came; and I never did, nor never will, commission any deputy to treat and conclude away my inheritance, without my particular di

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