"tiffs, Thomas Penn, and Richard Penn, the Father, in their own" "Right, and as standing in the Place of the said John Penn, de- " "ceased, and the Defendant, the Lord Baltimore, do respectively Re-' "lease and Convey to each other, and their Heirs, the respective" "Rights, Titles, Interests, Powers, Prerogatives, Claims, Demands, " "and Pretensions, in or to the respective Territories, Districts and" "Lands severally Allotted to them, according to the Tenth Article" "Contained in the said Articles of Agreement, at the Costs and" "Charges of the Person or Persons to whom such Releases and Con- " 66 veyances shall be made. AND the said Master is to settle such Re-" "leases and Conveyances, if the Partys differ about the same. AND" "all proper Parties are to join in such Releases and Conveyances as " "the said Master shall direct. BUT this Decree is to be without " "Prejudice to any Prerogative, Power, Property, Title or Interest of" "his Majesty, his Heirs and Successors in or to the said Territories, "Districts or Tracts of Land, or any part thereof. And also to any ' "Estate, Right, Interest or Possession of any of the said Planters," "Proprietors, Tenants or Occupiers of, in or to any Lands, Tene- " "ments or Hereditaments lying within the same, which the Parties to " "the said Articles had not a Right or Power, by virtue of the respect"ive Charters or Grants under which they claim to bind or conclude. " "AND in case his Majesty, his Heirs or Successors, shall insist upon "any Power, Title or Right whatsoever, either on Behalf of his " "Majesty, his Heirs or Successors, or any of his or their subjects re"siding in or being possessed of, or interested in any Lands, Tene- " "ments or Hereditaments lying within any of the said Territories," "Districts or Tracts of Land, so as to hinder, obstruct or interrupt” "the effectual Execution or performance of the said Articles or any " "part thereof: Then and in every such Case, any of the parties are "to be at liberty to apply to this Court from Time to Time, as they " "shall be advised. AND his Lordship doth reserve the Considera- " "tion of any further or other Directions to be given, as between the " "Plaintiffs and the Defendant, the Lord Baltimore, and the Defend-" "ants claiming under William Penn Esquire deceased upon any "such Application. AND it is further Ordered, That the Plaintiff's " "do Pay unto the Defendant, the Earl Powlett his Costs of this Suit, "to be taxed by the said Master. AND that the Defendant, the Lord” "Baltimore do pay unto the Plaintiff's their Costs of this Suit, to " "this time, to be taxed by the said Master. AND his Lordship doth" "reserve the Consideration of the subsequent Costs, and of all fur-" "ther Directions until the Time hereinbefore limited for perform-" "ance of the said Articles shall be expired. And any of the parties" "are to be at liberty to resort to the Court as there shall be Occa-" "sion." Or to some such or the like Effect. hath since been duly Signed and Enrolled.

AND the said Decree

As by the Bills, An

swers, and other Proceedings in the said Cause, and the Examinations of the Witnesses therein, and the said Decree, and the Enrollment thereof duly filed and remaining as of Record in the said Court of Chancery, Relation being thereunto severally and respectively had may more fully and at large appear.

AND WHEREAS, after pronouncing the said Decree, the said Charles, late Lord Baltimore, submitted thereto and to the Performance of the same. AND in obedience to and part performance of the same, Commissions were respectively Executed by the said Charles, late Lord Baltimore, under his Hand and Seal, on his part, and by the said Thomas Penn and Richard Penn, under their Hands and Seals, on their Part, Authorizing Sundry persons as their respective Commissioners, to carry the said Articles of Agreement and Decree into Execution, and to run and mark out the Lines, part of a Circle and Boundaries so agreed and Decreed. AND the Commissioners proceeded therein: BUT in the Course of such their proceedings, sundry other Objections were raised in America, to some Part of the said Work by the Commissioners, on the Part of the said Charles, late Lord Baltimore. WHEREUPON, the said Thomas Penn and Richard Penn, on or about the sixteenth day of March one thousand seven hundred and fifty, Presented their humble Petition to the said Lord high Chancellor of Great Britain (Pursuant to the Reservation contained in the said Enrolled Decree) humbling setting forth the New Objections which had been so made as aforesaid, and Praying (amongst other Things) that it might be declared that the Circle round the town of Newcastle ought to be at twelve miles distance from the Centre, according to Horizontal and not Superficial Measure, and that the fifteen Miles due South of the Southernmost Part of the City of Philadelphia, ought to be computed according to the like Measure, or to some such or the like Effect. AND the said Petition came on to be heard before the said Lord high Chancellor, on or about the twentyseventh and twenty-ninth days of the same Month of March, but in the year one thousand seven hundred and fifty-one in Presence of Counsel for the said Plaintiffs, and for the said Charles, late Lord Baltimore, and the said Lord high Chancellor, on the said twentyninth day of March one thousand seven hundred and fifty-one, made an Order upon the said Petition to the Effect following, that is to say, His Lordship Declared that the part of a Circle mentioned in the said Decree to be drawn round the Town of New Castle, ought to be at twelve Miles distance from the Centre, according to horizontal, and not superficial Measure, and that the fifteen Miles due South of the Southernmost Part of the City of Philadelphia, ought to be computed according to the like measure. And did Order that the Commissioners appointed on both sides, should observe that Rule in carrying the said Decree into Execution and reserved the Consideration of the

Costs of that application in like manner as the Costs subsequent to the Hearing were reserved by the said Decree, or to some such or the like Effect, as by the said last mentioned Order, Relation being thereunto had may appear. AND WHEREAS, the said Charles, late Lord Baltimore, departed this Life in Great Britain, on or about the twentythird day of April, one thousand seven hundred and fifty-one, leaving the said Frederick Lord Baltimore, his only Son and Heir, then an infant, and having, after the time of pronouncing the said Decree duly made and executed his last Will and Testament, in writing, which was attested by three Witnesses, and bears date on or about the Seventeenth day of November, one thousand seven hundred and fifty, and having thereby devised his Real Estate and therein mentioned. And after payment of his Debts, Legacys, Funeral Charges, and the Charges of his Executors, devised the residue of his Personal Estate to his said Son, as by the said last Will and Testament, which was soon after the Testator's decease duly proved by some of the Executors therein named, in common Form, in the Prerogative Court of the Archbishop of Canterbury, Relation being thereunto had, may more fully and at large appear. AND WHEREAS, the Commissioners so decreed to be authorized and appointed, and who were so Authorized and appointed, by the said Charles, late Lord Baltimore, and by the said Thomas Penn and Richard Penn, severally and respectively as aforesaid, proceeded in America towards the Execution of the said Agreement and Decree, especially in such Parts thereof of which no Difficultys had been before raised. And more particularly, the said Commissioners on each side, or Quorums of them respectively, upon and before the twenty-sixth day of April, one thousand seven hundred and fifty-one, duly signed a Minute or Instrument in Writing, declaring it to have been agreed by them: FIRST that a due West Line should be run, measured, layed out, and marked by visible Stones, Trees, Buildings or Land Marks, to begin at a point on the verge of the Main Ocean, (being at the distance of one hundred and thirty-nine Perches due East from a Stone fixed by the said Commissioners on the Northern part of the Land called Fenwick's Island, near to Four Mulberry Trees there growing) across the Peninsula to the Bay of Chesopeak, Which fixed Stone was marked on the side thereof turned to the South, with the Arms of the Lord Baltimore, and on the other side thereof turned to the North with the Arms of the said Thomas Penn and Richard Penn : And SECONDLY, That the said Point and Place of beginning should be esteemed, taken for, and agreed to be the Place where the Cape, called in the Articles of Agreement between their several Constituents, Cape Henlopen, was situated, and that the said Line, when so layed out, should be esteemed, taken for, and be the East and West Line, which the said Commissioners were directed and empowered to draw across the said Peninsula, by virtue of their several Commissions;

according to the third Article of the said Agreement, from the middle whereof a Tangent Line was to be drawn to the Western Part of the Periphery of a Circle, at twelve Miles distance from the Town of New Castle, Subject, nevertheless, to the Alteration or Confirmation by the Right Honourable the Lord high Chancellor of Great Britain, or the Joint Order or Directions of their Constituents, or to some such or the like Effect.

AND WHEREAS, the said Commissioners and their Surveyors in consequence of such their Agreement began, in their own Persons, to Perform and execute the same, and fixed a Meridian Line to their satisfaction, and measured or caused to be measured and marked out the said East and West Line, due West from the said Point or Place of Beginning, on the verge of the Main. Ocean, and found the extent of the said West Line, from the Verge of the Ocean on the East part, as far as to a certain Place or Water, called Slaughter's Creek, on the West part (at which Place or Water, the said Charles, late Lord Baltimore's said Commissioners insisted the said line should stop,) amounted to sixty-six Miles and two hundred and forty-eight Perches and an half; But that when such Line was continued on farther West, quite to the Verge of the East side of the Chesopeak Bay, (To which Bay, the Commissioners of the said Thomas Penn and Richard Penn insisted the said Line ought to run and extend) the same amounted to sixty-nine miles and two hundred and ninety-eight perches, as by the said Commissioners and the Surveyors Journals and Minutes approved of, and signed by the said respective Commissioners, Relation being thereunto had, may more fully and at large appear. AND WHEREAS, the said East and West Line, when extended West to the Verge of the Bay of Chesopeak, runs thro' Taylor's Island and thro' a small part of James's Island at near the Southern End of the said James's Island. AND WHEREAS, the measuring and marking out the said East and West Line, was a Work attended with a large and heavy Expence to the Partys, and altho' some part of the said Work was carried on by the Commissioners and Surveyors in America, after the day of the decease of the said Charles, late Lord Baltimore, in Great Britain; Yet the same was bona fide carried on and finished, long before the respective Commissioners in America received any Information there of the death of the said Charles, late Lord Baltimore. AND the consequence of extending the said Line West to the said Bay of Chesopeak is, that according to the said articles of Agreement and Decree, the said Tangent Line to be drawn up the said Peninsula, and to make a Tangent to the Western part of the Periphery of the said Circle, at twelve Miles, distance from the Town of New Castle, is to begin at the middle of the said East and West Line (that is to say,) at the distance of thirty-four of the said miles and three hundred and nine Perches, from the said point or place of be

ginning of the said East and West Line, at the said East end of the same East and West Line. AND WHEREAS, the said Thomas Penn and Richard Penn, together with sundry of their children, and the Executors in Great Britain of their deceased Brother, the said John Penn, on or about the eighth day of November one thousand seven hundred and fifty-four, Exhibited into the said Court of Chancery their Bill of Revivor and Supplemental Bill of Complaint against the said Frederick, Lord Baltimore, and sundry other persons therein named, as partys, Defendants thereto, and thereby stated the Proceedings and the said Decree, and subsequent Order which had been obtained in the said former Cause against the said Charles, late Lord Baltimore, and also the proceedings of the said Commissioners in America, and the new Question which was made by the Commissioners of the said Charles, late Lord Baltimore, whether the said East and West Line should extend West across the said Peninsula quite Home to the Bay of Chesopeak, or should stop short thereof at the said other place or Water called Slaughter's Creek, and also the Will and death of the said Charles, late Lord Baltimore, and many other matters. AND thereby prayed (amongst other things,) That the said former suit, the said Enrolled Decree and subsequent order, and all other the proceedings therein, which abated by the death of the said Charles, late Lord Baltimore, might stand and be revived in full force against, and be fully, compleatly, and in every part thereof obeyed, performed, and executed in all respects, by all and every one of the then Defendants, or by such and so many of them as had received or did claim, or should appear to have any Estate, Right, Title, Trust, Claim, Demand, or Interest in or to the said Province of Maryland, or any part thereof, and that all and every one of the said Defendants might, by the order and Authority of the said Court be decreed to obey, perform and Execute the said Decree and every part of the same; And that the said then Defendants might shew cause, (if any they had) why the said Decree and proceedings should not be revived, and might answer the supplemental matters contained in the said Bill, and that the matter whether the said East and West Line should stop at its Western End at Chesopeak Bay, or at any and what particular place short of the said Bay, might be settled by the Judgment of the said Court of Chancery, and for a discovery of all settlements or pretended settlements or agreements to settle the said Province of Maryland, or any part thereof, and for further Relief, Or to some such or the like Effect. AND WHEREAS the Plaintiffs in the said Cause, on or about the twentyfirst day of November one thousand seven hundred and fifty-four, obtained an order of the said Court to revive the said former suit and proceedings against the said Frederick, Lord Baltimore. AND WHEREAS the said Frederick, Lord Baltimore, on or about the twenty-second day of March one thousand seven hundred and fifty.