14th Branch. Some general Proofs of the great Expense Mr. Penn
was at, and how much he has impaired his English and Irish Es-
tates, to settle this country,
15th Branch. That the now Plaintiffs have possest ever since
1726,
16th Branch. Of the Number of Persons settled in each of the
three Lower Counties,
17th Branch. Of the very strange way of granting out Lands by
the Maryland Officers, and the Consequences which they inflict
on, from the Persons locating such Grants, .
18th Branch. Of the notorious Situation of Pensilvania, and the
Lower Counties, both upon one and the same, West, Side of the
River and Bay of Delaware; and of my Lord's going personally,
by Land, from the one to the other of them in 1733; which, never-
theless, he has been pleased to swear, in his Answer, are sepa-
arated by, and Lie on different Sides of, that great Bay and
River, .
19th Branch. Of the Treaties in order to, and the drawing, perus-
ing, and settling the Draught of the Agreement, the Map, and
Mr. Senex's written Opinion, and the Execution (by the Parties)
of the Agreement in question, and of the Commissions for run-
ning the Lines pursuant thereto, .
20th Branch. Of the several Proceedings of the Commissioners in
America, Day by Day, in order to have carried the Agreement
into Execution,
21st Branch. That the Circle, and the Distance of it, were well known
at the time of the Agreement; That Lord Baltimore's own Map
had many particular Marks and Lines relating to that very Circle ;
That he had above 8 Years before that time, the largest Draught
of the Peninsula that had ever been seen, with several East and
West Lines markt for Division thereof; That the Plaintiff's had
never been in America, to gain any Knowledge on their Parts;
and also to prove an old Map of the Town of Newcastle, . . fo. 632
22d Branch. That the Defendant was not deceived in the Plaintiff's
Title, which he very well knew, long before the Agreement, . fo. 640
23d Branch. Of the East and West Bounds of the Peninsula, and
where the Bay of Delaware ends, viz. at Bombay's Hook, about
30 Miles below the Town of Newcastle, .
24th Branch. Proof of our general Map, and where the true Isthmus
is; being formed by the Tide Waters flowing very near, to with-
in 4 Miles of each other, in Apoquinomy River, and Bohemia
River,
25th Branch. Proof where the before-mentioned Isthmus, formed
by the flowing Water is; and also, where another Isthmus, formed
by the Navigable Water is,
26th Branch. Proof of several Springs that rise, in the Peninsula,
and run, from the same common Head, both ways, into the Bays
on each Side of the Peninsula,
27th Branch. Proof where Lord Baltimore's oldest Line, which he
claimed in 1635, lies,
28th Branch. Proof where the Octorara Line, run by Lord Balti-
more in 1683, lies; also, where the Line for Temporary Jurisdic-
tion (lately run in 1739, by Order of the King in Council)
lies,
fo. 654
29th Branch. Containing Proof of many old Maps, Foreign and
English (made before the Year 1680) which lay down both Cape
Cornelius and Cape Hinlopen, and in the same manner as the
Map in question did; also, where our Cape Hinlopen really lies;
That the whole Country thereabouts, was formerly called Hin-
lopen, as well as that particular Spot; That there is the appear-
ance of a Cape at our Cape Hinlopen; That the South Bounds of the
Whorekiln District, or Sussex County, extended thither; That
the Dutch had a Boundary Tree, in their time, there; That Mr.
Penn granted out Lands to that Place (as soon as ever he had his
Feoffments), particularly to the Duke of York, and several oth-
ers; and stili possesess very near to it; and that the first cursory
Claim of Maryland, a little North of that South Boundary, began
but in the Year 1696; also an Account, for what Reasons, some-
thing like the Name of that old Cape, has, lately been trans-
ferred up to the Mouth of Delaware Bay,
. fo. 656
Depositions of Witnesses for the Defendant, with some Observa-
tions thereon, divided into 46 several Branches or Parts, . fo. 676
1. As to our Commissioners for running the Lines, which the De-
fendant cross-examined, in order to disqualify themselves as
interested Persons,
. . . fo. 676
2. As to some other of our Witnesses, whom the Defendant also
cross-examined as to their Interest,
fo. 678
3. Proofs upon the Defendant's Enquiry whether Observations
had not been taken at Philadelphia, and where the 40th Degree
fell, ...
4. The Examination of some persons, Dependants upon the De-
fendant, as to their Construction and Opinion of the Extent
of his Charter for Maryland,. .
5. To prove the Isle of Kent is very near the Peninsula,
6. The Defendant clearly proves there was another very an-
cient Swedish and Dutch Fort in Newcastle County,
7. To prove two Points: 1. That my Lord Baltimore did, about
1673, burn and destroy a Place, then called the Whorekills,
now called Lewes Town. 2. The Place where those Whore-
kills were; and that, for a two-fold Purpose, viz. in Order to
affect our Cape Cornelius, as well as to shew what he did to
assert his Right in the three Lower Counties,
. . . fo. 691
3. A Memorandum as to 8 of the Defendant's Witnesses, there
named, who were never at all examined by us, to any Point
whatever; but, in the Defendant's own Examination of them,
have proved themselves interested in the Dispute, so that we
object to them as being disqualified, and their Names have,
as often as they are mentioned, this Mark * before them, fo. 699
9. Proof of Exhibits from the Secretary's Office in New York and
New Jersey; also from the Council Books, the Land Office
Books, and from two private Books (pretended to have be-
longed to Surveyors) in Maryland; also of the usual Manner
of Patenting Lands in Maryland, and granting Warrants for
those Lands at large,
fo. 700
10. Proofs, on the Defendant's Enquiry, who were the first dis-
coverers, who were the first Settlers, and what were the first
Names of the three Lower Counties,
11. To prove that the New Cape Hinlopen lies opposite to Cape
May,
12. To prove what Settlements were made, and under what
ernment, near and about Philadelphia, before the Year
1680,
13. To prove how the Whorekills had been settled, and under
whom,
14. To prove a Susquehannah Fort, situated a great way North up
in the Country about the River Susquehannah,.
15. To prove a Release for 500 Acres from William Penn to William
Standley, and the Frame of Government in Pensilvania,
and the usual Conditions of granting out Lands there at
first,
16. That the Town of Newcastle lies very near 20 Miles South of
Philadelphia,
fo. 713
17. That no other Line has been run from Newcastle, than one to
mark Part of a Circle of 12 Miles Radius from the Town of
Newcastle, and separate the County of New Castle from Ches-
ter county in Pensilvania: That several Parcels of Land,
lying South of the Parallel of the most Northern Part of the
said Circle, are held under the Plaintiffs, and what Number
of Persons there settled,.
. . fo. 714
18. One single Witness to prove an Isthmus, somewhere or other,
at the Spring Heads,
fo. 714
19. The Proof, upon the Defendants Enquiry, whether the Mouth of
Christiana Creek or River lay to the South, or to the North, of
the Line lately run by Order of the King in Council, . . . fo. 716
20. An Attempt to prove where some Places called Kingsess, Mill
Creek, Charges Creek or Westerbock lay,.
fo. 716
21. To prove that a Tree called [some Lord's bounded Tree] at
Marcus Hook on Delaware was spoke of 40 Years ago, fo. 717
22. To prove that my Lord's Ancestor, in 1682, went up Delaware
to Chester, in Order to make an Observation, and how he was
received there by the People; and that in going back, at
Marcus Hook, &c., he forewarned a few Inhabitants from
paying any more Quit Rent to Mr. Penn,
. . . . fo. 717
23. To prove that, about 1682, Plaintiffs Father landed at Newcastle
Town, and afterwards went to Chester, and had an Observa-
tion taken, in order to found his City of Philadelphia, but was
told he was within the Maryland Boundaries, .
24. To prove an East and West Line run by Lord Baltimore's An-
cestor, being the Octorara Line,
25. To prove a Fort at Christiana,
26. An unsuccessful Attempt, to prove that Lord Baltimore had
exercised the Government, and had received Quit Rents, in
the Lower Counties, .
. . . fo. 726
27. To prove, directly contrary to the Answer, That the Province
of Pensilvania is not contiguous to New Jersey, but is con-
tiguous to the Lower Counties; and that Pensilvania and
the lower Counties are on the same, West, Side of the Bay of
Delaware, and not on the East Side of the said Bay and
River,
fo. 728
28. An Attempt to prove a very few Instances of Settlements of
Lands, in the Lower Counties, under Maryland Rights, fo. 730
29. Proofs upon the Defendant's Enquiry where, and in what
Province, four or five particular Gentlemen lived, and who
they held their Lands under?.
30. To prove the Number of Inhabitants in the three Lower
Counties,
fo. 740
31. To prove the payment of Quit Rents in the Lower Counties, . fo. 742
32. To prove the appointing a Governor, for the three Lower
Counties, always by Mr. Penn and his Family,.
33. To prove how many Ports and Harbours there are, on both
Sides in going up Delaware Bay,
34. To prove the actual Payment of Duties on Goods imported into
Maryland from the Lower Counties,
fo. 748
35. An Attempt to find out two lost Colonies in Maryland, (Dur-
ham and Worcester) which no Soul ever heard the Names
of,
. . fo. 749
36. An Attempt to prove a Fort on Susquehannah River lately kept
by one Cressap,
. fo. 749
37 To prove the Agreement, and the Treaty in order thereto, and
the Defendant's great Ignorance of his Province,
38. To prove what passed, during the Time the Commissioners met
in order to have excuted the Articles, . . .
39. To prove the Copy, only, of a Question and two Surveyors An-
swer, about the Dimensions of the Circle, .
40. To prove the Extent of Newcastle Town,
41. To prove that the first Time the Defendant had any Account
of the Proceedings of the Commissioners for settling the
Boundaries pursuant to the Agreement, was after his Arrival
in Maryland,
42. To prove there are Ferries over Susquehannah River,
43. To prove a short Account of the Commissioners Proceedings, fo. 774
44. To prove the Defendant's Application for a Grant of the Lower
Counties in August 1734,
45. To prove Exhibits in England,
46. To prove Deceit put upon the Defendant by his own Map, (as
most falsely pretended), .
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