Proceedings of the Council of Maryland, 1681-85/6. 163

by M^r Penn it was answerd Plenipotentiary with referrence
to his Instructions, w^ch he had giuen his Cosen Markham.
Now what person, but such a great Prince, durst presume to
oppose his owne priuate Instructions against his Maj^ties Possi-
tiue Comands; for such those were, that were contained in
the said letter of the 2^d of Aprill, and were grounded on the
letters Pattents as his Maiestie was pleased therein to Expresse.
What had the L. B. to doe to Enquire into Captⁿ Markhams
priuate Instructions, when his most sacred Maiestie had
Peremptorily comanded his L^opp to apoint agents to Joine with
Agents from M^r Penn to agree with all Conuenient speed the
Bounds of Maryland and Pensiluania. And by M^r Penns
letter, which Captⁿ Markham deliuered the L. B: his L^opp was
assur'd that M^r Markham was fully Impowred by him to Joyne
with his L^opp in the Speedy Execution of his Maiesties
Comands contained in the abouesaid letter? What means
then the mentioning of those Instructions ? But I will only
say this more, that since Prop^r Penn dares offer his owne
priuate Instructions against the positiue Comands, exprest in
a letter so full of grace and fauor from his Maiestie towards

Calvert
Papers.

him, he had done better to haue bin silent in that part of his
4^th section, where he tells us he will not disowne, the Lawes
his Agents should make in his absence for the publick good,
when he came back; Reserueing (as is Suppos'd) that he will
be the Judge of what is, and is not for publick good; which
the L. B. with the aduice of his Councill pretends to be Judge
off, where he is Concerned; Therefore he is able to Justifie
himselfe, where he has giuen his disassent to any Law made
by his Deputy in his Absence; and more Especially in such
Cases, where his Deputy had Exceeded, and gone Contrary to
the Expresse words of his Comission, and his Instructions.
8^Iy In the 8^th Section M^r Penn alleadgeth it to be odd
[The demand shold be made seuerall months after the Procla-
macon was put forth &^ca] . Something must still be said, and
this as little to the purpose as anything Else. Where is the
hurt, or the breach of an amicable Treaty, if such had bin
intended by Prop^r Penn (which by his vnderhand dealings
appeares to be onely in shew) In the L: B^s sending barely to
make his Claime to those parts of Delaware within his Charter
M^r Penn has seemed to think at other times that the L B: had
not made and Continued his Claime often enough. Coll Tal-
botts not Leauing a Letter, which by M^r Penn is termed a
want of comon Decency was pursuant to the intent of his
Comission; for had he left any, it might haue bin accounted
an Act of weakness, and much aduantage might haue bin
taken from thence. Let it suffice, that the L B: takes upon
himselfe what his Cosen Talbot did by his Comission, and for

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