to be heritable and transferable. The persons entitled to it are declared the proprietors of the land.'
He again expounds the relation of the Government towards the proprietor of the soil: —
'The recognition of a proprietary Right in the Land.
'Undoubtedly traces are often to be found of the existence and exercise of a proprietary right in the land on the part of individuals. But so long as the Sovereign was entitled to a portion of the produce of all land, and there was no fixed limit to that portion, practically the Sovereign was so far owner of the land as to be able to exclude all other persons from enjoying any portion of the net produce. The first step therefore towards the creation of a private proprietary right in land was to place such a limit on the demand of the Government, as would leave to the proprietors a profit, which would constitute a valuable property. This is effected by providing that the assessment shall be a moderate portion of the net produce at the time of settlement.'
In the Preface of the codified Instructions to which he had appended his own name, he declares that: —
'This work is designed not for the information of the general reader, but for the direction of the public officer in the discharge of his duties.'
By this he means that these instructions are delivered ex cathedrâ, and are to be obeyed in spirit as well as in letter. They are addressed by him to his officers and to his people, between whom and him there is the
