Calvert
Papers.
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to be to the 48th Degree of Northern Lat: yet that 40th Degree
must be taken to be according to the calculation allow'd at that
time & as it was then Laid down in Maps & Charts Even tho'
that Calculation was Erroneus and what rather convinces me
that Lord Baltimore can claim Nothing to the Northward of
the Peninsula is that the Discription is not to the 40th Degree
of the Northern Lat: But to that part of Delaware Bay wh lays
under the 40th Degree of Northern Lat: Now if Delaware
Bay be Rightly laid down on the Plan laid before me no part
comes near to that Line where by their late observations they
would fix the 40th Degree of Northern Lat: & therefore that
would not be Northern Boundary intended by the Grant."
In answer of the Charter Stated, Map & Question with the
Counsels Opinion thereupon, It is to be observed. The Map
or Plan of the Province laid before the Counsel is Charted from
no Geographick Authority or has it a Scale & the North exten-
tion of Delaware Bay by Ancient & Modern Charts is Plan'd
in the Mass Erroneous short Northwd. The Latin Citation of
the Charter aught to have been before the Counsel & the
Question with Substance shod have been propounded The
Maryland Charter, the words are, "Subjacet quadragessimo
gradni lat Septentr., of wh words the plain & Obvious meaning
is certainly in translating lieth under the 40th Degree of North
Lat: These Degrees are measured upon imaginary circles
lying upon the Globe; and therefore to lye under the 40th De-
gree is most evidently not to lye under other Degrees exclu-
sive of the 40th Degree. Further concerning that Degree to
Maryland, The Grant to the Council at Plymouth the words
of that Charter is " from forty Degrees of Northerly Lat: wh
evidently means that the Lands Granted were to begin under
the 41st & not under the 40th Degree, for then it wod not have
been from but with or under the 40th Degree as it is most
Accurately expressed in the Maryland Charter. It cannot
mean that these Lands should begin where the thirty-ninth
Degree ends, because 40 degrees are mention'd; and thus this
Charter coincides with that of Maryland. If the 40th Degree
is not Grant'd away by the Maryland Charter, there can offer
not the least pretence for its having been Granted by the New-
England Charter; it has never been Granted at all. As to the
Pensilvania Charter the South Boundary of that Province is
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