Coke enumerates the eight parts of a deed as follows: ' There have been eight formal or orderly parts of a deed or feoffment, viz.; 1. the premises of the deed implied by Littleton, (section 1), 2, the habendum, whereof Littleton (section 1) speaketh; 3, the tenendum, mentioned by Littleton; 4, the reddendum; 5, the clause of warranty, 6, the incujus rei testimonium, comprehending the sealing; 7, the date of the deed, containing the day, the month, the year, and stile of the king, or of the year of our lord; lastly, the clause of his testibus; and yet all those parts were contained in very few and significant words, haec fuit Candida illius aetaits fides et simplicitas, quae pauculis lineis omnia fidei firmanento posuerunt." 5

3 See Section 86.

4 See Section 88.

The eight parts of a deed, as generally given at the present time, differ a little from the above fist, and are as follows: (1) the premises, (2) the habendum; (3) the tenendum; (4) the reddendum; (5) the conditions; (6) the covenants; (7) the warranty; (8) the conclusion.

'The office of the premises of the deed is twofold; first, rightly to name the feoffer and the feoffee; and secondly, to comprehend the certainty of the lands or tenements to be conveyed by the feoffment, either by express words, or which may by reference be reduced to a certainty; for certum est quod certum reddi protest. The habendum hath also two parts, viz., first, to name again the feoffee; and secondly, to limit the certainty of the estate.

"If in the premises lands be letten, or a rent granted, the general intendment is, that an estate for fife passeth; but if the habendum limit the same for years, or at will, the habendum doth qualify the general intendment of the premises. And the reason for this is, for that it is a maxium in law that every man's grant shall be taken by construction of law most forcible against himself.

"If a lease be made to two, habendum to the one for life, the remainder to the other for fife, this doth alter the general intendment of the premises, and so hath it been oftentimes resolved. And so it is if a lease be made to two, habendum the one moiety to the one, and the other moiety to the other, the habendum doth make them tenants in common; and so one part of the deed dother explain the other, and no repugnancy between them.

5 Coke's Institutes, Vol. II, p. 195.

"The date of the deed many times antiquity omitted; and the reasons thereof was, for that the limitation of prescription, or time of memory, did often in process of time change, and the law was then holden, that a deed bearing date before the limited time of prescription, was not pleadable; and therefore they made their deeds without date, to the end they might allege the, within the time of prescription. And the date of the deed was commonly added in the reign of E. 2 and E. 3, and so ever since." 6

The importance of the habendum and tenendum clauses of the deed have greatly decreased, until these clauses are to-day often merely represented by the words, "to have and to hold." The conditions in a deed have already been treated in a previous chapter.7