our behalf — but subject never theless to such provisions as may be in that respect contained in any instructions which may from time to time be addressed to him by us for that purpose — to" make and exe cute in our name and on our behalf, under the Public Seal of the said Colony, Grants of waste land to us belonging within the same, to private persons for their own use and benefit, or to any persons ot bodies po litic or corporate in trust for the public uses of our ' subjects there resident or any of them." It may seem that the Governor's legal power* -under this clause is restrained and limited by the sentence relating to fu ture instructions. I am aware that some persons of learning and experience hare adopted that view ; but I conceive that such an opinion involves a mis- apprehension of the distinction between Letters Patent un der the Great Seal and an instrument under the Signet and Sign Manual. The Royal Prerogative is of such a nature, that at Common-Law- no portion of it can be com municated or transferred except under the Great Seal ; nor does the 3 and 4 Vie. c. 62, under which the Charter of 1840 was granted, break in upon this ancient rule. Within the realm of England indeed, the prerogative is, for the most part " incom municable" (Bro. Abr. Patents) meaning of course in an executory state ; and it is only ex necessitate that the power of delegation to Colonial Governors has grown up. ' It is only by matter of record>that the Queen «an grant any franchise privilege, power, ■honour or dignity which She has authority to grant (Lane's Case, 2 Co. 16 b.), and it is even said by Lord Coke (2 Inst. 18 b.) that the Queen being a body politic, can only command by matter of record. * It is clear therefore that an instrument under the ■ Signet and Sign Manual is insufficient to create powers affecting the prerogative. 