loud voice to Markham, who was present, together with a number of the residents of the place. "You are sensible, Capt. Markham, that by an observation taken yesterday that this plantation is in thirty-nine degrees forty-seven minutes and some seconds, and must therefore be sensible that I am here about twelve miles to the southward of the degree of forty, which is my north bound as the same is Mr. Penn's south bound. Therefore, afore you and all the rest here present, I lay claim to this place and as far further as the degree of forty will reach." To this claim of Lord Baltimore, Markham made no response, but with courteous attention conducted the former to the boat, and thus they parted. Baltimore, as he descended the river, halted at Marcus Hook, where he landed, and, going to each of the dwellings at that place, prohibited the residents from paying anv more quit-rents to Penn, as the land did not come within his territory, but was part of Maryland, and that he, Baltimore, would return suddenly and take possession of his own. This notification, particularly as the one who made it was attended with the pomp and circumstance of power, caused the utmost consternation among the settlers, who repaired to Upland the next day, just as Markham -- the instrument being placed on board a boat--was about starting on horseback with his attendants for New Castle, and so great was the excitement consequent on Lord Baltimore's unexpected claim that Markham called his Council immediately together, and they decided that the Deputy Governor must remain at Upland "to quiet the disturbed people." Whereupon Markham wrote to Lord Baltimore that he could not meet him at New Castle under the circumstances.¹

Although the proprietaries of the two provinces could not adjust their dispute, for the expediency of the inhabitants the court at Chester, on March 14, 1683, declared that Naaman's Creek should be the boundary line between the two counties; and so generally was this recognized, that Thomas Holme, surveyor-general under Penn, in his "map of the improved part of the Province of Pennsylvania in America," observes this division.

Nevertheless there was some confusion existing, hence ten years later, in 1693, a petition was presented by some of the inhabitants of Chester County to the Governor and Council, stating that they were seriously inconvenienced because of there being no authoritatively recognized line between that county and New Castle. The Council after discussing the topic, on the 9th of August, 1693, --

"Resolved, That for the present convenience of the government, and not for an absolute and final proprietarie division, but that the inhabitants on the borders of both counties may Know to which of the two to pay their levies, taxes, etc., and perform their other countie services, the bounds of New Castle county shall extend northward to the mouth of Naaman's creek and upwards along the southwest side of the Northmost branch (excluding the townships of Concord and Bethel), and not to extend backwards of the said northmost branch above the said two townships."

For eight years the boundary thus established seemed to meet in a measure the demands of the sparsely-settled country immediately effected thereby, although the constantly-growing disposition on the part of the inhabitants of the three lower counties (now the State of Delaware) to separate from the territory comprising the commonwealth of Pennsylvania was often manifested during the interval, and at length culminated in a petition from the Assembly to Penn, 20th of Seventh month, 1701, in which they urge "that the division line between the counties of New Castle and Chester be ascertained allowing the boundary according to the proprietary's letters patent from the King." Penn, then in Philadelphia, in response to this petition, replied, "It is my own inclination, and I desire the representatives of New Castle and Chester Counties forthwith, or before they leave town, to attend me about the time and manner of doing it." In conformity with the wish of Penn a conference was held, which resulted in a warrant being issued 28th of Eighth month, 1701, to Isaac Taylor, surveyor of Chester County, and Thomas Pierson, surveyor of New Castle County, requiring them to meet the magistrates of the two counties, or any three of them, and, -- "In their presence to admeasure and survey from the town of New Castle the distance of twelve miles in a right line up ye said river and from ye said distance according to ye King's letters patent and deeds from the Duke and ye said circular line to be well-marked two-thirds parts of ye semicircle."

The surveyor designated made report that, on the 4th day of Tenth month (December), 1701, in the presence of Cornelius Empson, Richard Halliwell, and John Richardson, justices of New Castle County, and Caleb Pusey, Philip Roman, and Robert Pyle, justices of Chester County, they ran the division lines, beginning at the point of the radial line, which was selected by the magistrates "at the end of the horse dyke next to the town of New Castle." Thence they measured due north twelve miles, the termination of that distance being "a white oak marked with twelve notches standing on the west side of Brandywine Creek, in the lands of Samuel Helm;" thence, eastwardly," circularly changing our course from the east southward one degree at the end of every sixty-seven perches, which is the chord of one degree to a twelve mile radius; and at the end of fortyv-three chords we came to the Delaware River, on the upper side of Nathaniel Lampley's old house at Chichester." The surveyors then returned to the marked white oak on Helm's land and ran a westwardly course, changing, as before, "our course one degree from the west-southward at the end of every sixty-seven perches,... until we had extended seventy-seven chords, which, being added to the forty-three chords, make two-thirds part