William Penn received his charter for Pennsylvania in 1681. It was granted by King Charles II to repay a debt owed by the king to Penn's late father, Admiral Sir William Penn. It was the creation of Pennsylvania that would spawn Maryland's longest territorial dispute, which would take almost a century to finally resolve. Pennsylvania's charter explained the boundaries in great detail.

'... bounded on the East by Delaware River, from twelve miles distance Northwards of New Castle Towne unto the three and fortieth degree of Northerne Latitude...The said Lands to extend westwards five degrees in longitude, to bee computed from the said Easterne Bounds; and the said Iands to bee bounded on the North by the beginning of the three and fortieth degree of Northern Latitude, and on the South by a Circle drawne at twelve miles distance from New Castle Northward and Westward unto the beginning of the fortieth degree of Northern Latitude, and then by a streight Line Westward to the Limitt of Longitude above-mentioned.'(Pennsylvania charter)

In essence, all of the land north of 40 degrees, south of 43 degrees, and west of the Delaware river, extending westward for 5 degrees. It is apparent that the King (or the map-weilding geographers that advised him) believed the town of New Castle to be within this tract. New Castle belonged to the Duke of York, which he had rightfully conquested from the Dutch. Since the King wanted to make sure none of his brother's land was given to Penn, the clause about '...a Circle drawne at twelve miles distance from New Castle...' would make sure Pennsylvania did not overlap with the Duke of York's lands. The maps that were referenced when the charter was drafted had to be inaccurate, because New Castle was actually 25 miles south of the 40 degree line. It was impossible for a 12 mile circle around New Castle to ever touch the 40th parallel. (see figure 4) The Pennsylvania charter could have excluded any reference to New Castle, and the Duke of York's land would not have been under any kind of threat from Pennsylvania.

Penn sent William Markham, his deputy governor, to Lord Baltimore's home on the Patuxent in August of 1681 to discuss the boundaries. Markham arrived with two letters, one from William penn and another form the King explaining his wish for both colonies to establish their borders.

'...make a true division and separation of the said provinces of Maryland and Pennsylvania, according to the bounds and degrees of our said Letters Patent and fixing certain Land Marks where they shall appear to border upon each other for the preventing and avoiding all doubts and controversies that may otherwise happen concerning the same.' (Bayliff, p5)

Markham became ill during this conference, and nothing was settled. The two agreed to meet again the following October, but Markham later sent notice that he needed to postpone again. After a new date was decided, Markham sent notice that he had bceom ill, and could not attend.

On September 16, 1681, Penn, misinformed about his southern boundary, sent letters to plantations in Baltimore and Cecil counties, notifying the owners that they were seated in Pennsylvania, and should not pay taxes to Lord Baltimore. Many settlers in these counties did refuse to pay, and Lord Baltimore had to order his military officers to aid the local sherrifs in enforcing the collection of the taxes. '...with great difficulty it was that some of the inhabitants were made to comply with the then Publick leavy...'

The crisis in the northern counties made Lord Baltimore more eager to reach a settlement, indeed 'the quiet and peace of Maryland very much required it.' The next meeting was scheduled for June at the plantation of Augustine Herrman, near New Castle. Lord Baltimore could not attend, but he sent two surveyors to represent him. Markham never showed up, so the surveyors took obervations of the latitude of the site, and sent reports back to Lord Baltimore.

'We have taken three severall observations and in all of them have not differed two minutes and we find Mr Augustin Herman's house to lye in the latitude of 39(degrees) and 45(minutes)...wee have used our endeavours in letting all here know of your Ldp's desire to have the bounds determined and all seem much satisfied with your Lordship's proceedings much blaming Mr Markham that after so many flourishes he should be thus backward...' (AOM 5:371)

Lord Baltimore finally met with Markham (who was several days late) at Upland, a site just north of New Castle in September. Lord Baltimore brought surveyors, as did Markham, and both parties agreed that the latitude of the site was at 39 degrees, 47 minutes, and 5 seconds. Markham agreed to meet him in New Castle the next day, where they would both travel up the river to find the 40 degree line. Markham never showed up, and Lord Baltimore later received a letter from him indicating why no settlement could be reached.

'My Lord, this is my reason, that as I received all that part of the river Delaware beginning twelve miles above New Castle Towne and soe upwards ... I most humbly conceive that I am not to be accomptable to any other person then His Majesty...But if your Lordshipp be willing to lay out the bounds betwixt this Province and your Lordshipps Laying towards Chesapeake Bay and the rivers on that side I am ready & willing to wayte upon your Lordshipp for that end and purpose.' (AOM 5:397)

Markham was stating that he could not agree with the 40 degree line as a boundary because it was more than 12 miles from New Castle, which would violate the Pennsylvania charter, whch was granted by the King, who's orders he would not supercede. (see figure 4) He proposes that he would be willing to comply with a boundary set further south, but under the same logic as his first argument, since such a boundary would not be located at the 40 degree line, it would also be a violation of the King's charter. An impasse had been reached, and at this point further conferences were held off until William Penn himself could attend them in person.

A month before Lord Balitmore's meeting with Markham at Upland, William Penn had been in England attempting to secure more land for himself. He realized that his colony had no access to the sea, and so he asked the Duke of York to give him posession of the the land on the west bank of the Delaware. While the Duke had been governing the counties as part of New York, he did not actually have any legal claim to them. He did give them to Penn in August of 1682, and provided both a deed and a 10,000 year lease for the land. It is assumed that the reason for this was the Duke's unoffical claim to the land. It was thought that the lease would be effective until the Duke's claims to the land could be legally set, at which point he would officially transfer the land to William Penn.

Penn arrived at New Castle in October of 1682, and formally took posession of the town and its surrounding lands. He sent William Markham to take posession of the rest of the land. From this point onward the land was referred to as the 'three lower counties' of Pennsylvania. The addition of the lower counties to Penn's claims would serve to further complicate the disputes between Maryland and Pennsylvania.

Another meeting was scheduled, and Penn went to Annapolis to meet with Lord Baltimore on December 13, 1862. At this meeting, Penn proposed an unscientific and impractical means of locating the 40 degree line.

'The Capes for several years have bin reputed to lye in the latitude of thirty seaven or between thirty seaven degrees and five minutes or thereabouts and hath bin soe generally taken and approved on by all persons for some considerable space of years ... if the Lord Baltemore please to take his comencement from the Capes ... and from thence measure by line two degrees fifty five minutes will just reach to the fortieth degree.' (AOM 5:384) (see figure 5)

In reply to this, Lord Baltimore proposed his idea, a much easier and more practical solution. 'My Pattent gives me the fortieth degree of northern latitude for my northern bounds and there is noe way soe certaine to find that as by an observacon to be taken by a sextant of six or seaven foote radies...'(AOM 5:384) Penn wants the 40 degree line to be measured from Cape Charles, on the southern tip of the Delmarva Peninsula. It is believed that Penn stood so steadfast behind his proposed method of locating the northern boundary because he knew the inaccurate estimation of 60 miles to one degree would leave the line about 29 miles south of the true 40 degree line. (in fact, there are about 69.5 miles in a degree of latitude) This would be enough of a descrepancy to place the head of the Chesapeake Bay in Pennsylvania.

A survey of this kind could not have been accomplished, because measuring due north from Cape Charles would run into the bay. (see figure 5) Lord Baltimore stood behind the plan he gave to Markham earlier, that they should simply sail up the Delaware River and find the 40 degree line with a sextant (a surveying device).

Both parties bickered back and forth, and outlined their positions, but no agreements were made. Also, when Lord Baltimore asked about Penn's recently aquired lands on the Delaware, Penn stated that he would address that matter then the northern boundary was settled. The next meeting was held at New Castle in April of 1683. Both proprietors stood behind their previous methods for locating the boundary, and the results were similar to the previous meeting. At this point Penn agreed to follow Lord Baltimore's plan, only if Lord Baltimore would sell him land adjacent to the head of the Chesapeake Bay. Lord Balitmore declined, and the situation was still unsettled.