43 
CON 
his fenfes have but-human conditions. Shalefpeare. —Natu¬ 
ral quality of the mind; temper; temperament; com¬ 
plexion.—The child taketh moll of his nature of the mo¬ 
ther, befides fpeech, mariners, and inclination, which are 
agreeable to the conditions of their mothers. Spsnfer ._— 
Moral quality ; virtue or vice.—Jupiter is hot and frioilt, 
temperate, modeft, honed, adventurous, liberal, merciful, 
loving, and faithful; that is, giving thefe inclinations: 
and therefore thofe ancient kings, beautified with thefe 
conditions, might be called thereafter Jupiter. Raleigh .— 
State; external circumftances.—Did we perfeftly know 
the (tale of our own condition, and what was moft proper 
for us, we might have reafon to conclude our prayers not 
heard, if not anfwered. Wake. —This is a principle adapted 
to every paffion and faculty of our nature, to every date 
and condition of our life. Rogers. 
Condition, circumftance, is not the thing ; 
Mil's is the fame in fubjeft as in king. Pope. 
Rank.—The king himfelf met with many entertainments, 
at the charge of particular men, which had been rarely 
praftifed till then by the perfons of the belt condition. Cla¬ 
rendon. —Stipulation; terms of compaft.—Many are apt 
to believe remifiion of fins, but they believe it without the 
condition of repentance. Taj lor. 
Thofe barb’rous pirates wdllingly receive 
Conditions , i'uch as we are pleas'd to give. Waller. 
The writing in which the terms of agreement are com- 
prifed ; compaft; bond. 
To CONDITION, nj. n. To make terms; to ftipulate. 
•—’Tis one thing, I mud confefs, to condition for a good 
office, and another thing to do it gratis. L'EJirange: 
Small towns, which dand did till great (hot 
Enforce them, by war’s law condition not. Donne. 
CONDFTTON, in law, a redrairit annexed to a thing, 
fo that by the non-performance, the party to it lhall re¬ 
ceive prejudice and lofs ; and by the performance, com¬ 
modity and advantage. Or it is a redridlion of men’s 
acts, qualifying or fufpending the fame, and making them 
uncertain whether they fhall take effedt or not. Alfo it 
is defined to be what is referred’to an uncertain chance, 
which may happen or not happen. Wejl's Symb. lib. 2. 
A condition is alfo defined to be a kind of law or bridle, 
annexed to one’s aft, daying or fufpending the fame, and 
making it uncertain whether it fhall take effeft or no : or 
it is a modus, a quality, annexed by him that hath ellrate, 
intered or right to the land, whereby an edate may either 
be created, defeated, or enlarged, upon an uncertain 
event. This differs from a limitation, which is the 
bounds or compals of an edate, or the time how long an 
edate fhall continue. Shep. Tbuchjh ti 7. A condition 
may be alfo confidered as one of the terms upon which a 
grant may be made; in this fenfe a condition in a deed, 
is a claufe of contingency, on the happening of which 
the edate granted may be defeated. 2 Comm. 299. 
Of conditions there are divers kinds, viz. conditions 
in deed, or exprefs; and in law, or implied ; conditions 
precedent, and fubfequent; conditions inherent, colla¬ 
teral, &c. A condition in a deed or exprefs, is that 
which is joined by exprefs words to a feoffment, leafe, or 
ether grant; as if a man makes a leafe of lands to ano¬ 
ther, referving a rent to be paid at fuch a feaft, upon 
condition if the leifee fail in payment, at the day, then it 
fhall be lawful for the lefforto enter. Condition in law, 
or implied, is when a perfon grants another an office, as 
that of keeper of a park, fteward, bailiff, &c. for term of 
lire; here, though there be no condition exprefled in the 
grant, yet the law makes one;- which is, if the grantee do 
not juftly execute all things belonging to the office, it 
fhall be lawful tor the grantor to enter and difeharge him 
of his office. Lit. lib. 3. c. 5. 
Condition precedent, is when a leafe or eftate is granted 
to one for life, upon condition that if the leflee pay to 
V01.V. No. 253, 
CON 
the leffbr a certain fum at fuch a day, then he fhall have 
fee fimple; in this cafe the condition precedes the eftate 
in fee, and on performance thereof gains the fee fimple. 
Condition fubfequent, is when a man grants to another 
his manor of Dale, See. in fee, upon condition that the 
grantee fhall pay to him at fuch a day fuch a certain fum, 
or that his eftate fhall ceafe: here the condition is fubfe- 
quent, and following the eftate, and upon the perform¬ 
ance thereof continues and preserves the fame : (o that a 
condition precedent doth get and gain the thing or eftate 
made upon condition by the performance of it; as a con¬ 
dition fubfequent keeps and continues the eftate by the 
performance "of the condition. 1 Injk 201. If one agree 
with another to do fuch an aft, and for the doing thereof 
the other fhall pay fo much money ; here the doing the 
aft is a condition precedent to the payment of the money, 
and the party (hall not be compelled to pay till the aft 
is done : but where a day is appointed for the payment 
of money, which day happens before the thing contract¬ 
ed for can be performed, there the money.may be reco¬ 
vered before the thing is done; for here it appears that 
the party did not intend to make the performance of the 
thing a condition precedent. 3 Salk. 95. 
Inherent conditions are fuch as defeend to the heir with 
the land granted, & c. A collateral condition is that 
which is annexed to any collateral aft. Conditions are 
likewife affirmative, which confift of doing; negative, 
and confift of not doing: fome are further faid to be re- 
ftriftive, for not doing a thing: and fomc compulfory, as 
..that the leflee (hall pay the rent, & c. Alfo fome condi¬ 
tions are (ingle, to do one thing only : fome copulative, to 
do divers things ; and others disjunftive, where one 
thing of' feveral is required to be done. Co. Lit. 201. A- 
mong thefe feveral kinds of conditions, the cafes which 
moft frequently occur fall under the diftinftions of con¬ 
ditions precedent and fubfequent. We (hall therefore 
l'peak of them more at large under the following divifions. 
1. Eftates upon condition implied in law, are where a 
grant of an eftate has a condition annexed to it infe- 
parably, from it’s elfence and conftitution; although 
no condition be exprefled in words. As if a grant be 
made to a man of an office, generally, without adding 
other words ; the law tacitly annexes hereto a fecret con¬ 
dition, that the grantee (hail duly execute his office j 
on breach of which condition it is lawful for the grantor, 
or his heirs, to ouft him, and grant to another perfon. 
For, an office, either public or private, may be forfeited 
by mis-ufer or non-ufer, both of which are breaches of 
this implied condition.—By mis-ufe or abufe: as if a 
judge takes a bribe, or a park-keeper kills deer without 
authority. By non-ufer, or negleft; which in public 
offices, that concern tire adminiltration of jultice, or the 
commonwealth, is of itielf a direft and immediate caufe 
of forfeiture ; but non-ufer. of a private office is no caufe 
of forfeiture, unlefs fome fpecial damage is proved to be 
occafioned thereby. Co. Lit. 233. For in the one cafe "de¬ 
lay mult neceflarily be occafioned in the affairs of the 
public, which require a conftant attention : but, private 
offices not requiring To regular and un remitted a fervice, 
the,temporary negleft of them is not neceflarily produc¬ 
tive of mifehief, upon which account fome fpecial lofs 
mull be proved, in order to vacate tftefe. Franchifes alfo, 
being regal privileges in the hands of a fubjeft, are held 
to be granted on the fame condition of making a proper 
ufe of them, and therefore they may be loft and forfeited, 
like offices, either by abufe or by negleft. 9 Rep. 50. 
Upon this principle proceed all the forfeitures which are 
given by law of life-eftates and others; for any afts done 
by the tenant himfelf, that are incompatible with the 
eftate which he holds. As if tenant for life or years en¬ 
feoff a ftranger in fee-fimple : this, is, by the common 
law, a forfeiture of their feveral eftates ; being a breach 
of the condition which the law annexes thereto, viz. that 
they (hall not attempt to create a greater eftate than they 
themfeives ,are entitled to. Co, Lit. 215. So if any te- 
O nant* 
