in all cases before receiving their land. A free settler had, however, the right to receive convict servants if the Governor could spare them from the public services, and if he undertook to feed and clothe them satisfactorily.[1] Although nothing was said in the Governor's Instructions about victualling these settlers, they were usually placed on the store for the same time as the emancipists. This was one of the indulgences held forth to encourage emigration and settlement. While the giving of the grant, the extent of the indulgences, the number of servants, the situation, extent and quality of the land (apart from the general proviso that good and bad was to be equally distributed[2]) depended, in the absence of special orders from the Secretary of State, wholly upon the will of the Governor, the settler had on his side unfettered power to deal with his land in whatever way he pleased. He might or might not reside there, he might or might not clear or cultivate it, and finally he could sell it on the very day he took possession. The only restraint upon him was his expectation of favours to come, and his knowledge of each Governor's principles and prejudices.
These instructions suggest a multiplication of small holdings of thirty to two hundred acres each and that such was the intention of the Government is borne out by the clauses regulating the reservation of land for the Crown and public services.[3] The "planters" were to be settled in townships in order that as near neighbours they might better help and defend themselves and each other, and in each township was to be established a town in which special areas would be reserved for definite public purposes.[4] Further, between every 10,000 acres granted to settlers, the Governor was to set aside 500 acres for the Crown which might be leased for any term up to fourteen years. With the progress of the settlement the Crown would thus retain between every cluster of farms a tract of land of which the value would steadily increase. But the irregularity resulting from special grants of large areas, and the dangers and inconveniences in a new country of leaving broad belts of uncleared land between
