But  the  bond  or  recognizance  is  a  thing  in  action,  and  executory,
whereof  no  advantage  can  be  taken  until  there  be  a  default  in  the
obligor;  and  therefore  in  all  cases  where  a  condition  of  a  bond,  re-
cognizance, &c.  is  possible  at  the  time  of  the  making  of  the  condition,
and  before  the  same  can  be  performed,  the  condition  becomes  impossible
by  the  act  of  God,  or  of  the  law,  or  of  the  obligee,  &c.  there  the  obli-
gation, &c.  is  saved.  But  if  the  condition  of  a  bond,  &c.  be  impossible
at  the  time  of  the  making  of  the  condition,  the  obligation,  &c.  is  single.
And  so  it  is  in  case  of  a  feoffment  in  fee  with  a  condition  subsequent
that  is  impossible,  the  state  of  the  feoffee  is  absolute;  but  if  the  con-
dition precedent  be  impossible,  no  state  or  interest  shall  grow  there-
upon. And  to  illustrate  these  by  examples  you  shall  understand.  If  a
man  be  bound  in  an*  obligation,  &c.  with  condition  that  if  the  obligor
do  go  from  the  church  of  St.  Peter  in  Westminster  to  the  church  of  St.
Peter  in  Rome  within  three  hours,  that  then  the  obligation  shall  be
void.  The  condition  is  void  and  impossible,  and  the  obligation  standeth
good.
7Qi  ILLEGAL  CONDITIONS  AND  RESTRAINTS  (Part.  5

And  so  it  IS  if  a  feoffment  be  made  upon  condition  that  the  feoffee
shall  go.  as  is  aforesaid,  the  state  of  the  feoffee  is  absolute,  and  the
condition  impossible  and  void.
If  a  man  make  a  lease  for  life  upon  condition  that  if  the  lessee  go  to
Rome,  as  is  aforesaid,  that  then  he  shall  have  a  fee,  the  condition  pre-
cedent is  impossible  and  void,  and  therefore  no  fee  simple  can  grow  to
the  lessee.
