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pressed: but it appears, that upon his eldest son, and heir at law, William Penn's claiming the government of the province, after his father's death, and upon the question arising, whether, what was, as aforesaid, devised to the said earls, to be sold, should, as, at present circumstanced, be accounted part of the real, or personal, estate of the testator, William Penn, (the latter, by the will, being the property of the widow) the earls, therefore, declined to act, in their trust, or assign over the same, without the decree of the court of chancery, for their indemnity; which decree, the lords, commissioners, of the treasury declared, was absolutely necessary, with an effectual conveyance to the king, before the residue of the said £12,000 could be paid to the executrix Hannah Penn.*

*In the bill, afterwards presented in chancery, on this occasion, besides what is therein mentioned, respecting other matters, and the mortgage of 1708; whereby William Penn conveyed all, or the greatest part of his said estate, in America, to Henry Gouldney, of London, to Joshua Gee, Silvanus Grove, John Woods, of the same place, and to Thomas Callowhill, Thomas Oade, and Jeffery Pennel of Bristol, and John Field of London, and Thomas Cuppage of Lambstown, in Ireland, and their heirs, by way of mortgage, for £6,600, it is more particularly represented, or exhibited: First, That the late William Penn's eldest son, or heir at law, claimed the government of Pennsylvania, after his father's decease.

Second, That before William Penn made his last will, he had proposed and offered his powers of government, and government, of the province and territories to be sold and surrendered to queen Anne; and about the time of his making his said will, such proposal was referred to the consideration of the commissioners for trade and plantations, and the then Attorney General; upon whose report thereon to the queen, she resolved to accept a surrender and conveyance thereof, from William Penn, and to pay him £12,000, for the same, within the space of four years, from the date of such surrender and conveyance; to which he consented. In the mean time, while the Attorney General was preparing the proper deeds and instruments, for this purpose, the queen agreed to advance to William Penn, £1,000, in part of the said £12,000, which sum of £1,000, by a warrant, under the queen's sign manual, bearing date, at her court, at Windsor castle, the 9th day of September, 1712, ordering the then lord high treasurer to pay the same to William Penn, he actually soon after received; but before the surrender was perfected he was taken ill, and became incapable of executing it.

Third, As to what was devised, in the said will, to the three earls, it is represented, in the above mentioned bill, that they were trustees therein, only for the widow Hannah Penn, the executrix, and residuary legatee, of William Penn, the testator's personal estate; the agreement, aforesaid, between the queen and William Penn, for sale of the government for £12,000, by the queen's directing the payment of £1,000, part thereof, to William Penn, and his receiving the same, in pursuance of said direction, being, in part executed, on both sides, whereby, all that was agreed to be sold, and the money raised by such sale, are made to be a part of, and to fall into, the personal estate of the said testator, William Penn, in respect to these different claims.

In the year 1719, an act for the advancement of justice, &c. was passed, wherein, among other things, it was provided that the Quakers, and other persons conscientious about taking an oath, might be allowed to give evidence on their solemn affirmation. Previously to this time, such persons labored under very serious disadvantages, in obtaining a remedy for wrongs committed against their persons and property, and in the collection of debts due them when their recovery depended upon their own oath. The province of Pennsylvania in 1725 passed a similar act, for which the Quakers both in Pennsylvania and Delaware, at their succeeding yearly meeting, presented a memorial to the king, expressing their gratitude for the favor thus conferred upon them. Such had long since been the law in England, and it seems strange that this toleration should have been delayed in America, whither the first settlers had come for the enjoyment of the liberty of conscience. The same pains and penalties were provided for a false affirmation as a false oath, and no good reason ever did, or can exist, for requiring an oath of persons who believe it wrong to take one. The testimony of a witness avails nothing, unless his character for telling the truth is good. Temporal punishment, for false swearing, is all that man can inflict; and no modes or forms can bind the conscience, or make the evil disposed do or say that which is right and true, except through the fear of the penalties of the broken law.

On the 22d June 1726, Patrick Gordon was appointed to succeed William Keith as lieutenant-governor of the counties of New Castle, Kent and Sussex, upon Delaware. His government continued until the 5th August 1736, during which time the affairs of the territory appear to have been in a prosperous condition. Many laws were passed in the time of his administration, among the most important of which were the following: An act for taking lands in execution for the payment of debts; An act for assigning bills and specialties; An act for establishing courts of law and equity, and An act for regulating elections, and ascertaining the number of the members of the Assembly.

There was at this time but one house of Assembly, which was composed of six members from each county, and all their acts had first to receive the sanction of the governor before they became laws.

Notwithstanding the provisions of the will of William Penn, which seems to make a different disposition of his estates in Ame

Fourth, And, that, upon the question, whether, what was, as aforesaid, devised to the said earls, to be sold, should be accounted part of the real, or personal estate of the testator William Penn, the said earls declined to act, in their trust, or to assign over the same, without the decree of the court of chancery, for their indemnity; which decree, the lords, commissioners, of the treasury insisted was absolutely necessary, with an effectual conveyance to the king, before the residue of the said £12,000 could be paid to the executrix, Hannah Penn, &c.'

rica, it appears that his possessions here, probably under proceedings and decrees in the court of Chancery in England, descended to his heirs at law, John, Thomas and Richard Penn; one of whom (Thomas) arrived in the province in the month of August 1732, and continued here a number of years. He brought with him a commission executed in England, and signed by himself and John and Richard Penn, directed to Isaac Norris and others, for the settlement of the long disputed boundary lines between the territories and province of Pennsylvania and the State of Maryland, of which the following is a copy of the original instrument, now on file in the office of the Secretary of State at Dover.

"JOHN PENN, THOMAS PENN and RICHARD PENN, ESQUIRES, true and absolute proprietors and governors of the province of Pennsylvania, &c. in America, to Patrick Gordon, Esq., deputy-governor of the said province, &c., Isaac Norris, Esq., Samuel Preston, Esq. James Logan, Esq. Andrew Hamilton, Esq. James Steele, Gent., and Robert Charles, Gent. SEND Greeting:

Several differences and disputes having heretofore hapned between the said John Penn, Thomas Penn and Richard Penn, and their ancestors on the one part, and the Right Honble. Charles Lord Baltimore and his ancestors on the other part, touching the limits and bounds between the said province of Pensilvania and the three lower countys called Newcastle, Kent and Sussex, and the province of Maryland in America, which differences and disputes occasioned great disquietudes and uneasiness. In order to put an end to such great inconveniencys the said John Penn, Thomas Penn and Richard Penn, did about the tenth day of this present month of May, one thousand seven hundred thirty and two, execute certain Articles of Agreement made between the said Charles Lord Baltimore on the one part, and the said John Penn, Thomas Penn and Richard Penn on the other part, whereby (amongst divers other clauses and agreements therein contained,) it was by all the partys thereto agreed to the following effect:

1. That the draught or plann printed in the margin of that Agreement (and which was the like with that printed in the margin hereof,) was a true copy of those which had been sent over from America to the partys to the said agreement by their respective agents in those parts for the assistance and guidance of the said partys in setling the disputes, and by which that Agreement was to be explained and understood.

2. That the circle mentioned in the Charter for Pennsylvania and Deed of bargain and sale or feoffment of Newcastle (or so much thereof as was requisite,) should be drawn and markt out at the twelve miles distance from the town of Newcastle; which twelve miles should be twelve English statute miles.

3. That a due east and west line should be drawn across the sd. peninsula (or across so much of it as should be requisite,) such east

and west line to begin on the east part, at the place in the said draught or mapp called Cape Hinlopen which lay south of Cape Cornelius, upon the eastern side of the said peninsula toward the main ocean, and at the point of the said Cape and to run towards the western side of the said peninsula, which lyes upon the Chesopeake Bay; but to stop in the exact middle of that part of the same peninsula when so running a due east and west course.

4. That from the westward point or end of the said east and west line (which westward point or end should be just half way across the said peninsula,) a strait line should run northwards up the said peninsula (and above the said peninsula if it required it) til it should so touch the western part of the periphery of the said circle as to make a tangent thereto. The said strait line as apprehended, would run pretty near south and north, but (however it might bear on the compass) such strait line should be run northward up the said peninsula (and above the said peninsula if it required it,) and should begin at and from the western point or end of the aforesaid east and west line, and should run until it touched and made a tangent to the western part of the said periphery of the said circle, and there the said strait line should end.

5. That at the northern point or end of the said strait line should begin, and should from thence run due north above the said peninsula, but so far only until it came into the same latitude as fifteen English statute miles due south of the most southern part of the city of Philadelphia.

6. That a due east and west line should be run in maner following: To begin at the northern point or end of the said due south and north line and from thence to run due west. cross Susquehanna river to the utmost western extent of the said province of Pensilvania, (or so farr in part thereof as should be at present requisite in regard that as the same was to be a due east and west line, the begining part thereof might be sufficient to continue the same by when further occasion should require, and when the lands westward in the said province of Maryland and Pensilvania, should be better setled; and that it would occasion a very great expence, and likewise be at present needless to run the same to the utmost extent westward of the said province of Pensilvania. However the same should (at present) be run cross Susquehanna river, and about twenty-five English statute miles further on the western side of the said river.

7. That the part of a circle drawn with red ink upon the draught or plann, and the red lines so drawn thereupon were drawn to serve as an explanation to the said Agreement but not with exact certainty, in regard the said draughts or planns so sent over to the partys as aforesaid, had neither scale or compass to them.

8. That the first above mentioned due east and west line to run from Cape Hinlopen to the middle of the peninsula, and the said strait line to run from the westward point thereof northwards up the said peninsula (and above the said peninsula if it required it)

til it touched or made a tangent, to the western part of the periphery of the said twelve miles circle; and the said due south and north line to run from such tangent til it mett with the upper or more northern east and west line; and the said upper east and west line to begin from the northern point or end of the said south and north line, and to run due westward (at present) cross Susquehanna river and twenty five English statute miles at least on the western side of the said river and to be fifteen English statute miles south of the latitude of the most southern part of the said city of Philadelphia, were and should be and should at all times forever thereafter be allowed and esteemed to be the true and exact limits and bounds between the said province of Maryland and the said three lower counties of Newcastle, Kent and Sussex, and between the said province of Maryland and Pensilvania (excepting only that in case the said north line from the tangent of the circle of Newcastle should break in upon the said circle, in such case so much of the said circle as should be cutt off by the said line should belong to and be part of the county of Newcastle.

9. That the said Charles Lord Baltimore and his heirs and assigns on his part, and the said John Penn, Thomas Penn and Richard Penn, and their several and respective heirs and assigns on their parts should and would by fitt and proper powers and instruments within two calander months from the day of the date of the said articles, authorize and appoint a sufficient number of discreet and proper persons, not more than seven on each side, to be their respective commissioners, with full power to the said seven persons or any three or more of them for the actual running, marking and laying out the said part of a circle, and the said before mentioned lines, which said commissioners should give due and proper notice to each other, and should fix and agree upon a time or times to begin and proceed in the running, marking and laying out the same, and the same should be begun at the farthest some time in the month of October then and now next, and should be proceeded in with all fairness, candor and dispatch that might reasonably be, and the said lines should be markt out by vissible stones, posts, trees, pillars, buildings, land marks, or other certain boundarys, which might remain and continue. Such boundarys to be markt on one side with the arms of the said Charles Lord Baltimore, and on the other side with the arms of the proprietors of Pensilvania, and such lines should be compleatly so run, markt and laid out, (as far as by the said agreement was intended) on or before the twenty-fifth day of December, one thousand seven hundred thirty and three, and when so done a true and exact plann and survey thereof with the best and most exact and certain descriptions that could possibly be given of the same should be made up and signed and sealed by the said commissioners on both sides and by their principals, and should be entred in all the public offices in the said several provinces and countys, and moreover it should be recommended by the respective proprietors to the assemblys of the said several provinces and countys

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