tenure, by which the eſtate granted was to be holden; viz. "tenendum per ſervitium militare, in burgagio, in libero ſocagio, &c." But, all theſe being now reduced to free and common ſocage, the tenure is never ſpecified. Before the ſtatute of quia emptores, 18 Edw. I. it was alſo ſometimes uſed to denote the lord of whom the land ſhould be holden; but that ſtatute directing all future purchaſers to hold, not of the immediate grantor, but of the chief lord of the fee, this uſe of the tenendum hath been alſo antiquated; though for a long time after we find it mentioned in antient charters, that the tenements ſhall be holden de capitalibus dominis feodi[1]: but, as this expreſſed nothing more than the ſtatute had already provided for, it gradually grew out of uſe.
4. Next follow the terms or ſtipulations, if any, upon which the grant is made: the firſt of which is the reddendum or reſervation, whereby the grantor doth create or reſerve ſome new thing to himſelf out of what he had before granted. As "rendering thereby yearly the ſum of ten ſhillings, or a pepper corn, or two days ploughing, or the like[2]." This render, reditus, return, or rent, under the pure feodal ſyſtem conſiſted, in chivalry, principally of military ſervices; in villenage, of the moſt ſlaviſh offices; and, in ſocage, it uſually conſiſts of money, though it may conſiſt of ſervices ſtill, or of any other certain profit[3]. To make a reddendum good, if it be of any thing newly created by the deed, the reſervation muſt be to the grantors, or ſome, or one of them, and not to any ſtranger to the deed[4]. But if it be of antient ſervices or the like, annexed to the land, then the reſervation may be to the lord of the fee[5].
5. Another of the terms upon which a grant may be made is a condition; which is a clauſe of contingency, on the happening of which the eſtate granted may be defeated; as "provided always, that if the mortgagor ſhall pay the mortgagee 500𝑙.
