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answer to the Lord Baltimore's demand.
rection and command; though, if I were to go for 1683. England, I would not disown the laws, he should in make in my absence, for public good, when I W. Penn's came back.
V. “ Colonel Talbot is directed, in the commission, to make the demand, according to a line, faid to be run, in obedience to his majesty's command, in his letter of the ad. of April, 1681; but I say, that no line is yet run, in obedience to his majesty's command;--for the letter expressly faith, that the Lord Baltimore, or his agent, shall, together with my agent, agree to the latitude, and then run the line, and bound the provinces accordingly; which is not yet done: For those observations, and the line run by them, are performed by the Lord Baltimore, and his agents only, and therefore not according to his majesty's command, in his letter of the ad. of April, 1681, nor, in my opinion, common equity; for I knew nothing of them.
VI. “ To say (as his commission doth) that my commissioners refused to comply with the said letter, is hard for me to do; since the chiefest of them brought it in my favour. But the truth is, (if they say true, and circumstances favour them) the thing is improbable; for the Lord Baltimore would have had them agreed to have taken an obfervation upon the river Delaware, when as the King's letter (stating my bounds, as they are exprefled in my patent) begins twelve miles above New-castle, upon the west fide of Delaware river, and so to run to the 43d. degree of north latitude, upon the said river; which makes it impoffible, that the Lord Baltimore could come within those limits to take an observation, or run a line, in pursuance of his majesty's commands, in the said letter; fince taking an observation on Delaware river (which, fay they, he pressed) is a plain violan tion of it. They further say, that they never refused, but pressed the taking of an observation,
1683. according to his majesty's letter; which is grounded m on the bounds of my patent; and when the Lord W. Penu's Baltimore and my agent had agreed to meet at the Lord New-castle, and to proceed according to his maBaltimore's jesty's letter, 'tis true that my agent came not, demand.
and as true, faith he, that the reason was the Lord Baltimore called immediately at Chichester, alias, Marcus Hooks, as he went to New-castle, and forbad the inhabitants to pay me Quit-rent, and named the place by a new name, before any line was run, or any observation agreed; which being a declared breach of the King's commands, and their treaty, in the opinion of my agent, he refused to meet the next day about a matter, the Lord Baltimore had, in such a manner, already determined.
VII. “ But what fault foever they were in, fure I am, that, before an observation was agreed, or any line was run, I came in, and suddenly after waited upon the Lord Baltimore. I presented him with another letter from his majesty; which he was so far from complying with, that he looked upon the King, as mistaken, and set his patent in direct opposition; and to this day would never hear of complying with it, in either of the two points it related to; that is to say, his having but two degrees, and that beginning them at Watkins's point, he should admeasure them, at fixty miles to à degree, to terminate the north bounds of his province. Now, in my opinion, it was not pro. per to ground his proceedings upon a former let, ter, in neglect of a later advice and command from his majesty: Nor doth it look very just to make the caution, or neglect of an agent, in the absence of his principal, a reason to proceed against his principal, when present with other instructions, without due regard had to him, or his allegations. And I must fay, that, at New-castle, when I presfed the Lord Baltimore to fit in one house with his
Council, and I would fit with mine in another, 1683.
1683. when committed, am not too stiff to ask him parmdon. Here I left him, expecting his news when W. Penn's he came to the head of the bay, in September, as the Lord I thought he promised me; but instead of that, Baltimore's an obfervation is taken, a line run, and trees
marked, without my notice, and a demand made thereupon, and all grounded on his majesty's letter of the ad. of April 1681; in which I must again fay, I find no such direction, which bringeth me to the demand itself.
VIII. “ To the demand, viz. Of all that land on Delaware river to the south of the fortieth degree of north latitude, I have this to say, that 'tis very
odd the demand should be made several months after the proclamation was put forth, to encourage people to plant most of the parts de-manded; but much more strange, that, after the Lord Baltimore had declared under his hand, that, he did not by that intend to break our amicable treaty, he should, without further provocation given, proceed to demand those parts! Certainly, this was not intended to continue our friendship; nor did it look with common decency, that Colonel Talbot should not think me worth leaving a letter at my house, where he lodged, when he went away, as well as the land worth such a demand. But, indeed, his carriage all along shews, he came to defie me, not treat me, like either a neighbour, or gentleman. A sudden change amusing the King's people, under my charge, by threats, or drawing them off their obedience, by degrading mine; and invitations to the Lord Baltimore's government. This I found at my return, in his conduct (though not in his commission) as fome of the people do aver.
IX. “ But, in the next place, the Lord Baltimore hath no warrant to run his line to the river of Delaware, neither by the King's letter, nor his own patent, if he peruseth them well, where he will find the bay, but not the river, of Delaware.
X. “ The land demanded is not a part of the 1683. province of Maryland, as is expressed in the demand; for it is in the jurisdiction of Delaware, w. Penn's (alias, Newcastle) which is by several acts of the answer to Assembly of Maryland, distinguished and disowned Baltimate's from being any part of that province.
XI. “ The Lord Baltimore hath no land given him by patent, but what was unplanted of any but favage nations; and this west side of the river Delaware, before, and at, the passing of his patent, was actually bought and poffeffed by a civil and christian people, in amity with the crown of England; and by the treaty of peace in 1653, between the English and Dutch, it was part of one article of the treaty, that the Dutch should enjoy those territories, in America, of which this was a member; and we do know, foreign actions of that time and kind continued firm after his majesty's restoration; for Jamaica still remains to us; and Dunkirk itself was not rendered, but fold-To be short, I conceive, it is more for the Lord Baltimore's honour and safety, that it should be fo, as I say, than otherwise:--For, if he claimeth what was possessed of the Dutch, on Delaware river, south of the fortieth degree of north latitude, as what was lawfully under the English sovereignty, how cometh he to suffer part of his province to remain under a strange and foreign sovereignty to that, under which he held his claim?
XII. “ But, if the Lord Baltimore had a just pretence to this river, and former poffeffion too, which he never had, yet being by the Dutch taken, and by the King taken from the Dutch, it becomes the conqueror's:-For, it is known, that, if any of our English merchants ships be taken, and polsessed but twenty-four hours, by an enemy, if retaken by the crown, they are prize; and this place was more than twenty-four years in the hands of