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Updated: June 6, 2025
It was quite different with later feudal baronies or tenancies, where military service, which only males could render, was due, and which with rare exceptions it was, after about 1130, the policy of the Scottish kings to create; and in the case of baronies or lordships the land itself was often described and given to the grantee and his heirs by metes and bounds, in return for specified military service, and his heirs male were exhausted before any female could inherit.
Whether the spirit of the colony was democratic, moderate, or oligarchical, its form of government was pretty much the same. The original rights of the proprietor, the projector and grantee of the earliest settlement, had in all cases, save in those of Pennsylvania and Maryland, either ceased to exist or fallen into desuetude.
The committee of privileges was appointed, and reported it as the opinion of the members that "neither the letters-patent by themselves, or with, the addition of the usual writ of summons, could entitle the grantee to sit and vote in Parliament." And the House, by a majority of ninety-two to fifty-seven, adopted their report.
The old Princes had simply given grants of land to those who served them, and left the grantee to do with his land what seemed good to him; the Tsars, on the contrary, gave to those who served them merely the usufruct of a certain quantity of land, and carefully proportioned the quantity to the rank and the obligations of the receiver.
The whole thing was done on a bumper of claret in a tavern where they met; and the old knight having once pledged his word, no lawyers could hold him back from it. They could only say that Master Faggus, being attainted of felony, was not a capable grantee. "I will soon cure that," quoth Tom, "my pardon has been ready for months and months, so soon as I care to sue it."
They were held at the pleasure of the grantor, or at most for the life of the grantee; but still, from the very outset, no effort seems to have been spared by the beneficiaries to enlarge the tenure, and to continue their lands in their family after death.
James Tilley, the grandfather of Sir Leonard, was also a grantee of Parrtown, he having purchased for a trifling sum, when a boy, a lot on Princess Street, which had been drawn by some person who was anxious to dispose of it. James Tilley was a resident of Sunbury County and a magistrate there for a great many years, dying in the year 1851.
The person buying the property is known as the Grantee. A deed is a form of contract, and in order to have its terms and statements binding on the maker, he must be twenty-one years of age, or over, and he must be of sound mind. The grantee need not be twenty-one, nor of sound mind in order to make the terms of the deed binding on the grantor.
Not only does the proximity of so easily followed a model explain whence the Frankish and Lombard Sovereigns got the idea of securing the military service of their followers by granting away portions of their public domain; but it perhaps explains the tendency which immediately showed itself in the Benefices to become hereditary, for an Emphyteusis, though capable of being moulded to the terms of the original contract, nevertheless descended as a general rule to the heirs of the grantee.
He gives in the same place a very long and careful definition of what is understood by a contract in federal jurisprudence. A grant made by the state to a private individual, and accepted by him, is a contract, and cannot be revoked by any future law. A charter granted by the state to a company is a contract, and equally binding to the state as to the grantee.
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