160 Proceedings of the Council of Maryland, 1681-85/6.

Calvert
Papers.

vsed by our ffriends, and theire Jugling Shifts laid open. I am
now come to M^r Penn's 7^th Section, a Long one.
7^ly Where he proceeds thus, [But what fault soeuer they
were in (His agents its supposed he meanes) sure I am that
before an obseruation was agreed, I came in]. That's true,
and the reason an obseruation was not agreed by him, nor his
Agents has bin also told you; which was also the reason of
M^r Penns procureing upon false Suggestions of his owne a
second Letter from the King. The L. B: does owne he said
(and in the first Conferrence betwixt Prop^r Penn and him
mention is made, that the L. B. did say) That he humbly con-
ceived his Maj^tie had bin misinformd (not vseing the word
[Mistaken] as friend Penn setts it downe, and to Cleer that
matter did read his Charter; Vpon which friend Penn imedi-
ately declined that letter himselfe, saying he blamed not the
L B. for abideing by his Charter rather then the bare contents
of a Letter; adding that he should haue don the same; Where
then is the Crime the L B has Comitted or the Law he has
Violated by "Setting a Royall Charter in direct opposition
to a Letter, which seemed not to be grounded upon the
Charter, as the first Letter of the 2^d of Aprill 1681 most
truly was; soe that in my opinion it was still more
propper for the L B. to ground his Proceedings on the first
Letter, which was Slighted, and wholy rejected by M^r Penns
agents first, and himselfe afterwards; and this is amply made
cleer to all Intelligent persons in his seauenth section, which I
am now Vpon, for doth not M^r Penn there say, that he would
[Proceed to meete him (meaning the L. B.) at the place he
desired, which was the head of Chesepeake Bay, and there
trye to find the 40 Degree of North Lattitude; Prouided he
would first sett me a Gentlemans price soe much p mile, in
case I should have noe part of the Bay by Lattitude, That soe
I might haue a back port to this Prouince]: In my opinion
here's enough vnder M^r Penn's hand to Satisfie all Consider-
ing men what vse he makes of the Kings Letters and fauors.
In the first letter of the 2^d of Aprill 1681, his Maiestie posi-
tiuely Comands my Lord, that with all Conuenient Speed
some persons should be appointed, who might in Conjunction
with the Agent or Agents of M^r Penn make a true diuision,
and seperation of the Prouinces of Maryland and Pensiluania,
according to the Bounds and Degree of Northern Lattitude
Expressed in his Maiesties letters Patients; There was noe
Condition (as euer I saw) accompanying those comands (Viz),
that if the Degree of 40 should giue noe part of the Bay to
M^r Penn; That then that letter was to be laid aside, and
become vselesse; or unlesse the L: B. would first sett a Gen-
tleman's price soe much p mile, that soe M^r Penn might haue