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MARYLAND GEOLOGICAL SURVEY 567
its given conforming more closely with Durham County than with the
unnamed since the southern limit in the one case extended to the vicinity
of the Calvert-Scarborough line, marking the southern boundary of
Maryland but in the later instance only to the south shore of Kehoboth
Bay, a little north of the transpeninsular line between Delaware and
Maryland.
All of the territory included within these old temporary counties was
included within the limits of the original Maryland charter granted in
1632, according to any reasonable and unprejudiced interpretation of
the supposed limiting clause haectenens incluta found in the preamble
of the charter, King Charles I, the grantor, Lord Baltimore, the appli-
cant, and the Duke of York, the subsequent disputant, can all be shown
by documentary evidence to have held that any settlements of the Dutch
along the Delaware were of no account and should not be respected as
granting control away from the English Crown. This view of the'
English was enforced against the Dutch in 1663-4, when New Amster-
dam and the Dutch settlements along the Delaware were captured!
When, however, Charles II granted all the territory east of the Delaware;
Eiver to his brother James, then the Duke of York and Albany, the'
latter became interested in the settlements upon the western shore and
acted on, without actually asserting, the principle laid down by the
Dutch ambassadors to Maryland in 1659, viz., that all of this territory
had been excluded from the Maryland grant out of regard to the Dutch
settlements by the clause in the preamble above cited. Acting on this
principle led to assumption of authority and practical occupation by the
Duke of York and his representatives, and the land was even granted to
William Penn. When the question of ownership arose between the
latter and Charles, Lord Baltimore, it was referred to the Privy Council,
who were by the circumstances more or less obliged to confirm the
title previously assumed by the Duke of York, who had in the meantime
become the King, James II. By the decision of 1685 the territory of
old Worcester County was decreed to belong to the King and thus it.
ceased to be a portion of Lord Baltimore's government of Maryland.
The Legislature of 1742 passed an Act (Acts of Assembly 1742,
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