396 Proceedings of the Council of Maryland, 1681-85.

P. R. O.

Colonial
Entry Book,
p. 154

Thursday 30^th May 1683.

A reference dated 31^st May upon the petition of Richard
Burk servant to my Lord Baltemore being read praying that a
Grant which is passing to His Royal Highness of the parts
adjacent to Delaware Bay may not pass the Great Seal until
His Maj. shall be satisfied concerning the extent of lands
granted to the Lord Baltemore. Counsel learned in behalf of
his Royal Highness together with an Agent from M^r Penn who
solicits the passing of this Grant as also the petit^r M^r Burk and
his Counsel learned are called in, Whereupon the Counsel for
my Lord Baltemore affirming that the Tract of Land in ques-
tion lyes within the limits of the charter granted to the Lord
Baltemore and that his Lordship has always continued his
claim thereunto, M^r Penn's Agent and the Counsel in behalf
of his Royal Highness endeavoured to make out that this
Territory was never possessed by my Lord Baltimore but
originally inhabited by Dutch and Swedes and that the Grant
to my Lord Baltemore was only of lands not inhabited by
Christians so that a surrender having been made of the
Country to His Maj. in 1664 the Lord Baltemore can have no
rightful claim thereunto and that it having been ever since in
the possession of his Royal Highness the Lord Baltemore can
receive no injury by the Grant that is desired. Upon the
whole matter M^r Penn's Agent undertaking to prove within a
short time that this Country was possessed by the Dutch and
Swedes in the year 1609 or at least before the date of the
Lord Baltemore's patent their Lordships agree to meet again
as soon as the proofs shall be ready for making out the same

Vol. 52,
p. 105

At the Court at Hampton Court the 31 of May 1683. By
the King's most Excellent Majesty and the Lords of His Ma-
jesty's Most honorable Privy Councill

Upon Reading this day at the Board the humble Petition of
Richard Burke gent, servant to the Right Honorable Charles
Lord Baltemore, praying in behalf of his Lordship that a grant
(which is passing) from His Majesty to His Royall Highness
the Duke of York of the Town of Newcastle and the adjacent
country on the confines of Maryland may not pass the Great
Seal untill his Majesty shall be satisfied of the extent of letters
Patents formerly granted to Cecile Lord Baltemore, wherein
the said Town and adjacent Country is alleaged to be com-
prized, His Majesty in Councill was pleased to order that the
examination of that whole matter be, and it is hereby referred
to the Right Hon^ble the Lords Committees of this Board for
Trade and Forreign Plantations and upon their Lordships
Report of the State thereof with their Opinion thereupon, His
Majesty will declare his further Pleasure.
Phi: Lloyd.