Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/315

 Ch. 20. tenure, by which the etate granted was to be holden; viz. "tenendum per ervitium militare, in burgagio, in libero ocagio, &c." But, all thee being now reduced to free and common ocage, the tenure is never pecified. Before the tatute of quia emptores, 18 Edw. I. it was alo ometimes ued to denote the lord of whom the land hould be holden; but that tatute directing all future purchaers to hold, not of the immediate grantor, but of the chief lord of the fee, this ue of the tenendum hath been alo antiquated; though for a long time after we find it mentioned in antient charters, that the tenements hall be holden de capitalibus dominis feodi : but, as this expreed nothing more than the tatute had already provided for, it gradually grew out of ue.

4. follow the terms or tipulations, if any, upon which the grant is made: the firt of which is the reddendum or reervation, whereby the grantor doth create or reerve ome new thing to himelf out of what he had before granted. As "rendering thereby yearly the um of ten hillings, or a pepper corn, or two days ploughing, or the like ." This render, reditus, return, or rent, under the pure feodal ytem conited, in chivalry, principally of military ervices; in villenage, of the mot lavih offices; and, in ocage, it uually conits of money, though it may conit of ervices till, or of any other certain profit. To make a reddendum good, if it be of any thing newly created by the deed, the reervation mut be to the grantors, or ome, or one of them, and not to any tranger to the deed. But if it be of antient ervices or the like, annexed to the land, then the reervation may be to the lord of the fee.

5. of the terms upon which a grant may be made is a condition; which is a claue of contingency, on the happening of which the etate granted may be defeated; as "provided always, that if the mortgagor hall pay the mortgagee 500𝑙. Rh