400 Proceedings of the Council of Maryland, 1722 / 3.

         Lib. x.   noctial but to take away all Room for Cavil it is further de

                   scribed to be the very place where New England ended the

                   Grant of New England at that day extending from the North

                   ward unto the degree of forty in North Latitude as Maryland

                   was extended from the Southward unto the same Line of 40

                   and left no Space of Land betwixt the two Grants Moreover

                   the said Boundary so emphatically described was fifty three

                   years afterwards confirm'd again unto the said Lord Proprie-

           p. 61   tary of Maryland by the above Order in Council which ap

                   pointed a division to be made of the Tract of Land between

                   the two Bays unto the fortieth degree of North Latitude ac

                   cording to the Antient Charter of the province of Maryland

                   thereby reserving to the Crown that Tract of Land then in

                   dispute commonly called Deleware which must necessarily

                   imply that those Lands reserved lay only upon the Deleware

                   as appears by the late King Iames Claims when Duke of

                   York and as the same was Granted by deeds of ffeoffment

                   unto William Penn Esqr Vizt one deed for all that Tract of

                   Land upon Deleware River and Bay beginning at twelve

                   Miles South from the Town of New Castle otherwise called

                   Deleware and extending South unto the Whorekills other

                   wise Called Cape Hinlopen together with free and undisturbed

                   use &c. and one other deed for all the Town of New Cas

                   tle otherwise Called Deleware and all that Tract of Land

                   lying within the Compass of twelve miles about the same

                   scituate lying and being upon the river Deleware in America

                   and all Islands in the said River &c which two deeds con

                   tained all the Lands then claimed by his Royal Highness

                   when Duke of York and all the Lands upon the Score of

                   Christian Settlements as was suggested by him Granted unto

                   William Penn Esqr lying and being Scituate upon Deleware

                   River and Bay as aforesaid it follows from thence that that

                   portion of Land adjudged to belong unto his Majesty accord

                   ing to the division appointed to be made unto the 40th Degree

                   of north Latitude can be no other Land than those very Lunds

                   lying upon or according to the Order in Council towards

                   Deleware Bay thereby determining the other Lands lying to

                   the Westward of the said Tract commonly called Deleware

                   to be no part of the then dispute but to belong unto the Lord

           p. 62   Baltimore as Comprized in his Charter Nor can it be of any

                   avail to the pennsylvanians to say that his Lordships Ances

                   tors have heretofore determined their Claim by an Eastern

                   Line run from the mouth of Octerara Creek seing that it is in

                   proof that his Lordships said Ancestors always claimed as his

                   Lordship hereby doth now make his Claim in this publick

                   manner unto the 40th degree of North Latitude as by the