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Proceedings and Acts of the General Assembly, April 26, 1700-May 3, 1704
Volume 24, Page 375   View pdf image (33K)
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The Lower House. 375


of Land lyeing between the River, & Bay of Dellaware, and
the Easterne Sea, on the one side, and Cheasepeake Bay on
the other, be divided in two Equall parts by a Line from the
Latitude of Cape Henlopen, to the fortyeth degree of North-
erne Latitude, and that one halfe thereof lyeing towards the
Bay of Dellaware, and the Easterne Sea, be adjudged to be-
long to his Majesty, and that the other halfe remaine to the
Lord Baltemore as comprized within his charter, and that the
said Lands be forthwith divided accordingly, whereof the said
Lord Baltemore, and William Penn Esqr together with their
respectiue officers, and all others whome itt may concerne were
to take notice, and giue due and ready obedience thereunto,
as the said order fully expresseth
Now if itt be alleadged that Cape Henlopen mentioned in the
said order of the King and councill, & Cape Inlopen are the
same, wee answer that then there had been noe need for the
King and Councill to haue mentioned the Easterne Sea, but its
certaine that Cape Henlopen was understood to be consider-
ably to the Southward of Cape Inlopen, as by the printed
Mapp, that was then layed before the King and Councill, and
particularly by a Line drawne att the tyme on the said Mapp,
beginning at the said Cape Henlopen does appeare
Sometime after the aforesaid order of the King in Councill
for the decideing of the Difference between the two proprs, the
Comr of Propry authorized to grant warrant and patients for
Lands by William Penn Esquire in his Province and Territo-
ryes, were pleased to grant severall parcells of Land, unto Some
of the inhabitants of the county of Sussex, out of the Tract of
Land, that was taken up for our said Propry William Penn
Esquire, in Cedar Neck, and particularly six hundred acres, to
William Clarke junr, both which said parcells of Land were
Seated, and great improvements made thereon, and they and
theire assignes possessed and Enjoyed the Same peaceably for
severall years
Butt soe it is that some Tyme after the inhabitants there
were well settled in and about Cedar Neck as afd in right of
the Propry Penn, some of the inhabitants of Somersett County
in Maryland, came and by force of arms compelled the inhab-
itants there to submitt to the Governemt of Maryland, and now
haue Serued a Lease of Ejectmt on one John Stokely Tennt
to the said William Clarke at the suite of one Diggs, under
pretence of a grant, or survey under Maryland Rights (after
the said Land was located and Layed out for, and by the
order of the said William Penn) commanding him to come to
Tryall att the Provincial Court att Annapolis

P. R. O.

Now the said Difference between the said Proprys still de-
pending, Notwithstanding the aforesaid order of Councill by

p. 21



 
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Proceedings and Acts of the General Assembly, April 26, 1700-May 3, 1704
Volume 24, Page 375   View pdf image (33K)
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