must admit one or the other of the foregoing epithets. The duties inculcated by the Law under consideration, are constitutional, because being of an executive nature they are (as the form of Government directs) entrusted with the Executive power. The Constitution is then certainly in contemplation, and its dignity and pre-eminence is such, that all its parts must govern, as far as they apply to, the subject it is called forth to regulate.

In thus hazarding my ideas on the powers of the Executive, I have perhaps advanced some new doctrines; but they are such as result fairly from the Constitution, allowing it the plenitude and superiority which I deem its obvious and essential qualities. My object is to discover the true nature of our trust; and with whatever earnestness I may seem to urge my opinions, they shall be given up with candour when the truth requires it, but I would rather risk the imputation of a pertinacious adherence to the notions I have formed, than I would stand chargeable with having by a supine acquiescence in gradual infringements, contributed to the diminuation of consequence and authority which the Executive branch of Government at this day experiences.

JOHN KILTY.

[Endorsed John Kilty's opinion on the resolution to strike off the Agent's salary, Apl. 18th. 1787.]

LAND NOTES, 1634-1655.

[Continued from p. 270.]

The land notes heretofore printed in this Magazine are taken from Land Office Records Liber F, known also as Liber No. 1. (Archives, 1, xv.) The present instalment is from Liber A or L. O. R,, No. 2, the first 58 pages of which have been lost. The contents of Liber A are much more miscellaneous in character than those of Lib. F, being a daily journal of all official business; other portions of the volume have been printed in the earlier volumes of the Archives. For details as to contents of Liber A see Archives, 1, xvii. The marginal numbers set in brackets refer to the original pagination of the record book.

[Liber A., Land Office Records.]

May 28th [1647.]

Thomas Munday demandeth 200 acres of Land for transporting himselfe, his Wife, & one child, att his owne charge in the yeare 1646 & Edmund Hudson 100 acres for transporting himselfe att the same time, att his owne charge.

warr for 300 acres, att the head of the Kings Creek in New Towne to the Northward of the common path where M1 Tompson's land ends.

Rob Kedger demandeth 300 acres of Land for transporting himselfe, his Wife & one servt calld Miles Riccards (& 100 Acres by assignm from Willm Asseter) in the yeare 1641 att his owne charge.

Warrt for 400 Acres of Land uppon the North-est branch of the Herryng creek.

[61] Rog. Baxter's Lease for Crany Poynt.

21th of January 1641.

Know all men by these pents th' wee Robert Huett & Henry Bellamy both of th Isle of Kent Plante ffor & in considera ̄n of a certaine summe of Tob: to us by Roger Baxter of the Iland afores before hand payd, haue bargayned, sould, assigned & made ouer, & by these ponts doe ffreely, & absolutely sell & make ouer unto the s Roger Baxter his heyres & Assignes for ever That Poynt of Land next the Creeks mouth commonly called th Crainey neck ffrom the Poynt, to a great white oake marked wth three notches wth an Axe. Prouided th the sd Roger Baxter haue uppon the sa growne sufficient Timber, for a dwelling howse. & ffree Inlett & outlett ffor his hoggs all the yeare.... Signed & deliuered in pnce of

post scrip

John Bennett.

The mrk of

Robert Huett.

Henry Bellamy

In this Bill there is to be payd one Peck of Corne for Rent att Kent Mille.

June 7.

Thomas Bushell demandeth 50th acres of Land, assigned to him by Will Smoote.

warrt to Surueyo' to lay out 50 acres adioyning to the Land in his former warr1.

[70] June 27th 1647.

Rob Clerke Surueyo certifyed his survey of a parcell of Land for Willm Smoote neere the mouth of the herring Creeke &c: contayning & now layd out for three hundred Acres, more or lesse.

Ordered the the sd Willm Smoote shall haue Pattent for the gd Land having taken oath of ffealty to his LP. ... In Consideraon th Will Smoote hath transported himselfe his Wife & two Children into o sd Prouince of Mary-Land in the yeare 1646 to plant & inhabite there. . . . these p'nts doe giue, grant, & Enfeoffe unto the sd Willm Smoote all th' parcell of Land Lying in Patowmeck Ryuer, neare the mouth of the Herring Creeke, Bounding on the East wth the Land of Thomas Bushell, . . . layd out for three hundred Acres or thereabouts. To bee holden of us, & o' heyres as of o' manno' of New Towne, in free & common saccage by ffealty only for all services. Yelding & paying therfore yearely att o' usuall Receipt att St Maries six shillings in money sterling, or Three Bushells of Corne, att the Natiuity of o' Lord. Gyuen att St Inego's ffort this 12th of June 1647. Wittnes or sd. Leiut. Grall. Tho: Greene.

June 2° 1647.

June 27th Mr Rob Clark Surveyo❜ made certificate of a parcell Patented Jof Land, Layd out for Rob' Kedger, on the Northeast Branch of the Herring Creek &c: contayning & now layd out [71] for fowre hund Acres, more or lesse. Ordered th' the gd Rob Kedger shall haue Pattent for the sd Land. hauing taken oath of ffealty to his LP... In consideraōn th' Rob' Kedger of the Prouince of Mary-Land Bote-wright, hath transported himselfe, his Wife, & one able Man serut Into o' sd Prouince in th yeare 1641 to plant & inhabite there. And th the sd Rob Kedger hath 100 Acres due to him, by assigm' from Willm

Assete... . by these p'nts doe give, grant & enfeoffe unto the s Rob' Kedger, all th parcell of Land, lying on the North-east branch of th Herring Creek (called Jchcombe ffreehold)... now layd out for fowre hund Acres, or thereabouts...

[78] July 10th.

Richard Bennett demandeth 450 acres of Land due unto him for transporting himselfe his Wife & 5 children att his owne charge into this Prouince in the yeare 1646.

July 18th

Mr Rob' Clerk made certificate th 30th May 1647, of a parcell of Land layd out for Will Wheateley on the East side of [78] Ble [a]ck Creek &c: Contayning & now layd out for 100 Acres.

Ordered by the Gouerno tht the sd Willm Wheateley shall haue Pattent for the sd Land, hauing taken oath of ffealty to his LP Memorandu' th' I Will Wheateley doe acknowledge myselfe to owe unto Cuth: ffenwick gent, 130' of Tob: & cask assigd to him by Rob Clerk surueyo being the charges of his survey due from mee.

Test me Willm Bretton Clk.

William Wheatley.

[79]. . . In Consideraōn th' Will Wheateley of the pro: of Mary-Land Plant hath transported himselfe into o s pro: in the yeare 1643... by these p'nts doe giue grant & Enfeoffe unto the sd Will Wheateley all th parcell of Land,' lying on the East side of Bleak-Creek Contayning & now layd out for an hund Acres, or thereabouts.

June 7th 1647.

July 24th

Rob' Clerk surveyo made certificate of a parcell of Land2 layd out in the Western branches of the Herring Creek &c: for Thomas Bushell Contayning & now layd out for 150 Acres...

In margin "Sherwells."

'In margin "Bushell's Rest."

In consideraōn th' Thomas Bushell of the Pro: of Mary-Land Plant hath transported himselfe into o s prouince in the yeare 16-42 to plant & inhabite there. And th' the sd Tho: Bushell hath 50 Acres, due to him by assigm' from Will Smoote, by these p'nts doe giue, grant & enfeoffe unto the s4 Thomas Bushell, all th' parcell of Land lying in the Westerne branches of the Herring-Creek Bounding on the West wth the land of Will Smoote; On the East wth a branch of the Herring-Creek, called TurkeyBranch: On the South wth the Herring-Creek On the north wth [80] a line drawen from the head of Turkey-branch West unto the Land of Will Smoote, Contayning & now layd out for one hundred & fifty Acres.

[81] Augus. 34.

Mr Rob' Clark Surueyo made certificate the 14th July 1647 of. a parcell of Land layd out for John Grimesditch on the East side of Brittanie Bay towards the head thereof &c. ...

[82] Augt 30th 1647.

Robert Holt demandeth fower hundred acres of Land dew unto hym for transporteing, hymself his wif and fower Childeren at his owne charges in to this Prouince in the yeare 1646.

warrn' to the Survay for two hundred acre: on the north side of Pato: Riuer next the herr: Creeke west of the Land of Will: Smoote.

[83] Sept: 3o.

Robert Clarke survay made certificate the 14th of July 1647 of a parcell Land layd out for James Johnson and the west side of Popler hill Creeke, contaynd: and now layd out for two hundred acres be it more or less.

[84] Sept: 11th.

Rob Clarke survay made certificate 14th of July 1647 of a parcel of land laying one the west side of Popler hill for ffrancis Pope and John Courts, contayning and now layd out for 200 acre be it more or less.

[94] Octob: 8th.

Robt. Clarke Survayo mad certificate the 14th of July of a