JOHN PENN, THOMAS PENN,
and RICHARD PENN, Esqrs; Plaintiffs.
CHARLES CALVERT, Esq.; LORD BALTIMORE in the Kingdom of Ireland, Defendant.
UPON A BILL TO COMPELL A SPECIFICK EXECUTION OF ARTICLES OF AGREEMENT ENTERED INTO BETWEEN THE PARTYS FOR SETLING THE BOUNDARYS OF THE PROVINCE OF PENSILVANIA, THE THREE LOWER COUNTYS, AND THE PROVINCE OF MARYLAND, AND FOR PERPETUATING TESTIMONY, &C.
MR. ATTORNEY GENERAL SIR DUDLEY RYDER.
MR. SOLLICITOR GENERAL MURRAY.
MR. KING'S COUNCIL NOELL.
PARIS AND WESTON, Sollicitors.
The Copy of Lord Baltimore's own Plan, annext to the Articles of Agreement, Our Map of the Places in Question, proved in the Cause by four Surveyors; some of which are of other
A State of the Interlocutory Proceedings between the Bill and An
The Defendant's Answer begins,
The Schedule annexed to the Derendant's Answer, containing his Commissioners Account of the Proceedings before them, and the Papers which were exchanged (in a regular Order of Time), from the 6th of October, 1732, to the 24th of November, 1733, . fo. 165 A State of several Proceedings in the Cause, from the Time of putting in the Answer to the Time of passing Publication, fo. 216
Written Evidence proved in the Cause by the Plaintiffs, from Records, Ancient History, &c., in a regular Course of Time, from 1584 to 1742, divided into 17 Chapters or periods, . CHAP. 1st. From the Discovery of North-America to the Grant, made by the Crown of Maryland, to Lord Baltimore in the year 1632, CHAP. 2d. From the Lord Baltimore's Grant, 1632, to the End of the Year 1663, during all which time the Dutch and Swedes remained in the quiet Possession of what is now New-York; and also Delaware, which now makes the Three Lower Counties; free from any Claim by the Lord Baltimore, or by the English Crown, CHAP. 3d. From the latter End of the Year 1663 (when King Charles granted New-York, &c., to the Duke of York, and the Dutch were, consequently, dispossessed of their great and small Settlements) down to the Year 1673, during all which time the Duke of York possessed and governed New-York in the Lower Counties also, fo. 245
CHAP. 4th. Of the Dutch regaining Possession (for a few Months) of New-York and Delaware also,
CHAP. 5th. From the New Grant, made by King Charles the Second to the Duke of York, in June 1674, down to the Time of granting (v)
Pensilvania, and the Lower Counties to Mr. Penn, and his
being in full possession of all the same, at the end of the Year
1682,
CHAP. 6th. What past in America, in the Years 1683, 1684 and 1685
(exclusive of what past in England during those Years.) . . fo. 381
CHAP. 7th. What past (in England) in the Years 1683, 1684 and 1685 :
being the first Contest or Suit between Lord Baltimore and Mr.
Penn,
CHAP. 8th. From the first Determination of the King in Council on
the 13th of November 1685, down to the second Determination in
the Plaintiff's favour, in the Year 1708, .
CHAP. 9th. From the Second Determination in their favour, in
January 1708, to the third Determination in their favour, on 23d
June 1709,
CHAP. 10th. From June 1709 to the time of the Death of Mr. Penn
the Patentee, in 1718,
. fo. 430
CHAP. 11th. From the Death of William Penn the Proprietary in
1718, to the Death of Mrs. Hannah Penn his Widow and Execu-
trix in 1726, .
CHAP. 12th. From the Death of Mrs. Hannah Penn in December
1726, down to the time of beginning the Treaty with Lord Balti-
timore, for the Agreement now in Question,
CHAP. 13th. From the Beginning of the Treaty, to the Time of ex-
ecuting the Articles of Agreement in Question and the Commis-
sions for running the Lines pursuant to the same,
CHAP. 14th. From the Time of sealing the Articles, here in Lon-
don, in May 1732, down to the End of the Year 1733,
..... fo. 461
CHAP. 15th. From Christmas 1733, to the time of filing the present
Bill, in June 1735,
fo. 483
CHAP. 16th. Matters which have past since the filing of our present
Bill,
. . fo. 496
CHAP. 17. Containing a Case stated to, and the Opinions of Sir
Clement Wearg, Mr. (now Lord Chief Justice) Willes, and Sir
Philip Yorke (now Lord Chancellor) thereon, relating to the
Construction of Lord Baltimore's Charter and his bounds, . . fo. 504
Depositions of Witnesses for the Plaintiff's, with some Observations
thereon, digested under the following 29 Branches, viz., . . . fo. 508
1st. Branch. Of the first Discovery of the Peninsula, and the first
Maps published thereof (before the year 1632), and how many
several Editions of Captain Smith's Book had been published
before that Year,
ad Branch. To prove my Lord Baltimore's own printed Book and
Map, and Description of Maryland, and how far he then claimed;
published in the Year 1635, within three Years after the Date of
his Charter, and soon after he had landed in, taken possession of,
and settled, his Province of Maryland,.
fo. 512
3d Branch. Containing the strongest Proof that there never was
any real Order of Council of 4th of April 1638, about William
Clayborne and the Isle of Kent; but that such Order was made
or invented by Lord Baltimore, in 1685,
4th Branch. That the Swedes, the Dutch, and the Duke of York,
successively, held the Lands now called the three Lower Counties
under the names of New Sweden, new Netherland, South River,
Delaware, Sandhook, from the Year 1630 downwards.-That the
principal seat of Government was then at New York-And Lord
Baltimore's Ancestors never possest.-Also of the Conquest from
the Dutch in 1664,
5th Branch. Proving where the true Susquehannah Indian Fort
formerly stood, which is mentioned in some of the Proceedings
in 1680,
6th Branch. Proving by whom the Lower Counties were possessed
when Mr. Penn first went thither in 1682; and also the actual
Delivery of Seisin to him then, ..
. . fo. 525
7th Branch. To prove a Petition from the Inhabitants of the Lower
Counties in 1682, to be united to the Province of Pensilvania;
also an Indian Purchase then made, and a Copy of a Demand
made upon Mr. Penn, by Colonel Talbot, which was in 1683, . fo. 526
8th Branch. Relating to the Names which the three Lower Coun-
ties have been called by, under the Dutch, the Duke of York,
and Mr. Penn; the making them into Counties in 1682; and their
being called the Territories of Pensilvania,
fo. 527
9th Branch. To prove Colonel Talbot's running a Line in 1683,
from the mouth of Octorara Creek, by Order of Lord Baltimore,
for a Division, called Octorara Line, Colonel Talbot's Line, and
Lord Baltimore's Line; and afterwards building a small Log-
house, of a few Logs, within and below that Line for a Fort
(which themselves afterwards deserted); and that that Line was
always regarded by us; and for more than 40 Years by them
also,.
fo. 529
10th Branch. About the Indian Purchases made by the Dutch, and
Swedes, and Mr. Penn; and of his exercising the Government
of the Lower Counties from 1682, to 1702,
11th Branch. Proving Mr. Penn's constant Possession, as Landlord
and Proprietor ever since 1681, and 1682; his granting out of the
Lands; appointing great Numbers of Collectors and Receivers
of Quit-Rents in all the Lower Counties; and receiving Quit-
Rents,
fo. 538
12th Branch. That constant, Annual Assemblies have been held, for
the Lower Counties under Mr. Penn, from 1682; Courts of Jus-
tice always held there, under his authority; and none of the
Inhabitants of those counties ever elected into the Maryland
Assembly,..
. . fo. 544
13th Branch. To prove the very Acts of Assembly (past in Lord
Baltimore's own Province of Maryland) do, from time to time,
call the Lower Counties the Territories of Pensilvania, and tax
Goods coming from thence, or carried thither, as Goods coming
to, or going from, another distinct Province, and that those
Laws are, from time to time, inforced and put in Execution, . fo. 547
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