Legal Definitions - tenendas

Tenendas is a historical legal term referring to a specific clause found in ancient land charters or deeds. This clause outlined the nature of the tenure, meaning the conditions, services, or obligations under which land was held by one person from another. It was essentially the part of the document that explained how the land was to be "held" or possessed, often detailing the duties owed to the grantor.

Here are some examples to illustrate the concept of a tenendas clause:

• Feudal Military Service: Imagine a powerful lord in medieval England granting a large estate to a knight. The charter for this land would include a tenendas clause. This clause would specify that the knight holds the land in exchange for providing military service to the lord, such as supplying a certain number of armed men for a specific period each year, or personally serving in the lord's army when called upon.

  This example illustrates how the tenendas clause defined the primary obligation (military service) that formed the basis of the landholding arrangement, clearly stating the conditions under which the land was held.

• Church Land for Spiritual Services: Consider a wealthy landowner in the 13th century who donates a significant parcel of land to a local monastery. The legal document formalizing this donation would contain a tenendas clause. This clause might stipulate that the monastery holds the land on the condition of offering daily prayers for the soul of the donor and their family, or maintaining a specific chapel dedicated to their memory.

  Here, the tenendas clause clarifies that the land is held not for monetary rent or military duty, but for specific spiritual services and religious observances, defining the unique nature of the tenure.

• Urban Property with Fixed Rent: Picture a medieval town council granting a plot of land within the town walls to a merchant for building a shop and residence. The charter for this urban plot would include a tenendas clause. This clause would likely state that the merchant holds the land in exchange for an annual fixed rent (e.g., a certain amount of silver or goods) paid to the town council, and perhaps an obligation to maintain the property in good repair.

  This demonstrates the tenendas clause defining a more commercial or civic form of tenure, where the obligation is a regular payment and property upkeep, rather than feudal service, clearly outlining the terms of possession.