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mas Term then next, that the said John, Thomas and Richard Penn, might have an Opportunity to proceed in a Court of Equity to obtain Relief, upon the said Articles of Agreement insisted on by them, according as they should be advised, and that after the Expiration of the said Time, either Party should be at Liberty to apply to the Committee of Council for Plantation Affairs, as the nature of the Case might require; Or to some such or the like Effect, as by the said last mentioned Order in Council, relation being there. unto had, may appear. AND WHEREAS, the said John Penn, Thomas Penn and Richard Penn, in Pursuance of the said last mentioned Order in Council, on or about the twenty-first day of June, one thousand seven hundred and thirty-five, exhibited their Original Bill of Complaint into his Majesty's high Court of Chancery in Great Britain, against the said Charles, last Lord Baltimore, as Defendant thereto; Which Bill was afterwards amended, and Sundry Bills of Revivor and Supplemental Bills were afterwards filed from time to time in the said Cause, upon the decease of the said John Penn, and as other Occasions required, by which several of the Children of the said Richard Penn, and the Executors in Great Britain of the said John Penn, deceased, were additionally made Co-Plaintiffs. And also his Majesty's Attorney General and sundry other Persons, were additionally made other Partys, Defendant thereto. BY WHICH said Bill, the Plaintiffs in the said Cause Prayed (amongst other matters,) that they might be quietted in the Possession of the said Three Lower Countys; And that the said Defendant, Charles, last Lord Baltimore, might be Decreed to Desist from giving them any further Trouble or Molestation, by renewing his old and often Overruled Claims in the said Bill mentioned, and that the said therein recited Articles of Agreement, of the tenth of May, one thousand seven hundred and thirty-two, might be Decreed and declared to exist and subsist, and to be in full force and virtue, and might be decreed to be forthwith specifically Performed, and to be carried into full force and Execution in all Points and Respects whatever. And that all Necessary and Proper Directions might be given in order thereto. And that the Pretended Doubts set forth and mentioned in the said Bill, as to the fixing a Centre for the Circle round the Town of Newcastle. And as to the Dimensions of the said Circle on Distance from the said Towa, at which it, was to be markt out, and any other Doubt or Pretended Difficulty that the Defendant, the said Charles, last Lord Baltimore, had, or Pretended to have, relating to the said Articles of Agreement, or any thing therein contained, or the Execution and Performance of the same, might be removed and cleared up by the Authority and Decree of the Court. And that the said Defendant might then instantly, and might again, after the said Lines and Bounds should be run, markt and laid out, in a more certain and Particular Manner, Pursuant to his Covenants and Agreements in the said recited Articles of Agreement contained, make further and better Assurances and convey

ances to the Plaintiffs, their Heirs and Assigns, of the said Province of Pensilvania, and of the said Three Lower Countys, to be bounded according to the intent and Meaning of the said Articles of Agreement, And of all his Right, Interest, Pretensions, Claim and Demand in and to the same. And that the said Defendant might be Decreed to Pay the Plaintiffs all the Costs and Expences of their Commissioners, and otherwise relating to the Executing the said Agreement of May, one thousand seven hundred and thirty-two, and likewise all the Costs which the Plaintiffs had been any way put to, by reason of the Breach and Non-performance on the Part of the Defendant of the said Articles of Agreement, and by Reason of the said Petition of the said Defendant, Presented to his Majesty on the said eighth of August, one thousand seven hundred and thirtyfour. And that the Plaintiffs might have all such further and other Relief in the Premises, and in such other manner as should be consistent with Justice and Equity, or to some such or the like Effect. AND WHEREAS, the said Charles, late Lord Baltimore, put in his Answer or Answers to the said Bill or Bills, and thereby (amongst other things) insisted on Fraud and Imposition in obtaining the said Articles of Agreement, and that the said Articles were absolutely void, and were a voluntary Agreement, and without any manner of Consideration given him for entering into the same, and therefore sayd that he hoped the Plaintiffs should not have any such Relief as was prayed by their Bill against him, and that the said Articles should not be carried into Execution by the Aid, Assistance, or direction of the said Court in any respect whatsoever, but should be delivered up to him to be cancelled, and that the Plaintiffs should be decreed to Pay his Costs and Expences, or to some such or the like Effect. AND WHEREAS the said Cause was carried on in an adversary Manner and at great Expence, and being regularly at Issue, great Numbers of Witnesses were duly examined therein on each side, both in America and in Great Britain. After which the said Cause came on to be heard, and was heard, before The Right Honourable the Lord High Chancellor of Great Britain, in Presence of Council learned for all Partys, on or about the third, fourth, seventh, eighth, ninth, eleventh, and fifteenth days of May, one thousand seven hundred and fifty, and upon the said fifteenth day of May, one thousand seven hundred and fifty, the said Lord Chancellor pronounced a Decree in the said Cause, in the Words or to the Effect following, that is to say, "HIS LORDSHIP DOTH DE"CLARE, that the Articles of Agreements of the tenth day of May, "one thousand seven hundred and thirty-two, are valid and obligatory upon the several Partys who Executed the same, or the In"dorsements thereupon, and their Heirs and Assigns. And that "the said Articles ought to be specifically Executed and Performed "by and between the said Partys respectively, notwithstanding that "the several Periods of Time thereby Limited for doing and per"forming divers Matters and Things therein mentioned and Agreed

upon, are elapsed. BUT that the said Articles do not bind or "Prejudice any Prerogative, Property, Title or Interest of the "Crown, in or to the Territorys, Districts or Tracts of Land com "prised in the said Articles or any part thereof. Nor any Estate, "Right, Interest or Possession of any of the Planters, Proprietors, "Tenants or Occupiers of any Lauds or Tenements within the said "Territories, Districts or Tracts, of, in, or to, and Lands, Tene"ments or Hereditaments lying within the same, which the Partys "aforesaid had not a Right or Power, by virtue of the respective "Charters or Grants under which they claim to bind or conclude. "AND HIS LORDSHIP Doth therefore ORDER AND DECREE, That "the said Articles of the tenth of May, one thousand seven hun"dred and thirty-two, and the several Matters and Things therein "contained be performed and carried into Execution, by and be"tween the said Partys and every of them. AND to that End it is "further Ordered, That the Plaintiffs, Thomas Penn and Richard "Penn, the Father, in their own Right, and as standing in the "Place of John Penn, deceased, and the Defendant, the Lord Bal"timore, do respectively, before the End of Three Calendar Months "from this Day, execute under their Hands and Seals two several "" proper Instruments, appointing and authorizing proper Persons, "not more than seven on each side, with full powers to the said 66 seven Persons respectively, or any three or more of them, for the "actual running, marking and laying out the part of a Circle, and "the several Lines in the said Articles mentioned, and such Com"missioners are to give due Notice to each other, and to fix and "agree upon a Time or Times to begin and Proceed in the running, "marking and laying out the same. AND it is further Ordered, "That the same be begun at the farthest, some time in the Month of "November next, and be proceeded in according to the said Arti"cles. And that the said Lines be marked out by visible Stones, "Posts, Trees, Pillars, Buildings and Landmarks, or other certain "Boundaries, which may remain and continue. AND it is further "Ordered, that such Boundarys be marked on one side with the "Arms of the said Defendant, the Lord Baltimore, and on the "other side with the Arms of the Plaintiffs, the Penns, and that "such Lines be compleatly so run, marked and layd out, on or be"fore the last day of April, one thousand seven hundred and fifty"two. AND when so done, it is further Ordered, That a true and "Exact Plan and Survey thereof, with the best and most exact and "certain Descriptions that can be given of the same, be made up, "signed and sealed by the said Commissioners on both sides, and "by their Principals, and be Entered in all the Public Offices in "the Provinces of Maryland and Pensilvania, and the Three Lower "Countys of Newcastle, Kent and Sussex. AND that a True Copy "of such respective Instruments for Appointing Commissioners, "when prepared, be delivered by the Sollicitor of the one Party to "the Sollicitor of the other Party. AND in case the Partys shall

"differ about such Instruments, or either of them, It is further Or"dered, that it be referred to Mr. Spicer, one of the Masters of this "Court, to settle the same. AND TWO Questions in Particular, "having been raised in America by the Commissioners formerly "appointed by the Defendant, the Lord Baltimore, and being now "made in this Cause, (vizt.) where the Centre of the Circle agreed "by the said Articles to be drawn about the Town of Newcastle, "therein mentioned, ought to be fixed, and whether the said Circle "ought to be of a Radius or Semi-diameter of twelve Miles, or only "of a Periphery of twelve Miles. AND a Third Question being "also made in this Cause, (vizt.) At what Place the Cape called "in the said Articles Cape Henlopen, is situated, HIS LORDSHIP "doth Declare, That he is of Opinion, that according to the true in"tent and construction of the said Articles, the Centre of the said "Circle ought to be fixed in the Middle of the Town of Newcastle, as near as the same can be computed. And that the said Circle ought to be of a Radius or Semi-diameter of Twelves Miles; And "that Cape Henlopen ought to be deemed and taken to be situa❝ted, at the Place where the same is laid down and described in "the Map or Flan annexed to the said Articles to be situated. AND "THEREFORE HIS LORDSHIP doth further Order and Decree, That "the said Articles be carried into Execution accordingly. AND "after the said Limits and Boundarys shall be so set out and ascer"tained by the said Commissioners, IT IS further Ordered, That the "Plaintiffs, Thomas Penn and Richard Penn, the Father, in their "own Right, and as standing in the Place of the said John Penn, "deceased, and the Defendant, the Lord Baltimore, do respectively "Release and Convey to each other, and their heirs, the respective "Rights, Titles, Interests, Powers, Prerogatives, Claims, Demands "and Pretensions, in or to the respective Territories, Districts and "Lands severally Allotted to them, according to the Tenth Article "contained in the said Articles of Agreement, at the Costs and Charges of the Person or Persons to whom such Release and Conveyance shall be made. AND the said Master is to settle such "Releases and Conveyances, if the Parties differ about the same. "AND all proper Parties are to Join in such Releases and Convey" ances as the said Master shall direct. BUT this Decree is to be "without Prejudice to any Prerogative, Power, Property, Title or "Interest of his Majesty, his Heirs and Successors in or to the said "Territories, Districts or Tracts of Land, or any part thereof. And "also to any Estate, Right, Interest or Possession of any of the "said Planters, Proprietors, Tenants or Occupiers of, in or to any "Lands, Tenements or Hereditaments lying within the same, which "the Parties to the said Articles had not a Right or Power, by vir"tue of the respective Charters or Grants under which they claim "to bind or conclude. AND in case His Majesty, his Heirs or Suc66 cessors, shall insist upon any Power, Title or Right whatsoever, "either on Behalf of his Majesty, his Heirs or Successors, or any

"of his or their subjects residing in or being possessed of, or inter-

"ested in any Lands, Tenements or Hereditaments lying within any

"of the said Territories, Districts or Tracts of Land, so as to hinder,

"obstruct, or interrupt the effectual Execution or Performance of

"the said Articles, or any Part thereof; Then and in every such

"Case, any of the Parties are to be at Liberty to apply to this Court

"from Time to Time, as they shall be advised. AND his Lordship

"doth reserve the Consideration of any further or other Directions

"to be given, as between the Plaintiffs and the Defendant, the Lord

"Baltimore, and the Defendants Claiming under William Penn,

"Esquire, deceased, upon any such Application. AND it is further

"Ordered, That the Plaintiffs do Pay unto the Defendant, the Earl