A26864:708
Rich. Baxters apology against the modest exceptions of Mr. T. Blake and the digression…
Rich. Baxters apology against the modest exceptions of Mr. T. Blake and the digression of Mr. G. Kendall whereunto is added animadversions on a late dissertation of Ludiomæus Colvinus, aliaà Ludovicus Molinæs̳, M. Dr. Oxon, and an admonition of Mr. W. Eyre of Salisbury : with Mr. Crandon's Anatomy for satisfaction of Mr. Caryl.
London: printed by A.M. for Thomas Underhill, 1654
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
§. 77.
R. B. 1. I Never heard of, nor knew a Conditional sealing in the world: though I have oft heard of the effects of Obligation and Collation of Right to be Conditional, which are not only separable from the Terminus proximus of sealing, but also are directly the effects of the Covenant, Promise, Testament, &c. only, and but remotely of the Seals, inasmuch as that Seal is a full owning of the Instrument of Conveyance. Yet such a thing as a Conditional sealing may be imagined, seeing sealing is a Moral Civil action, and so dependeth quoad formam on the will of the Agent after the matter is put; the Agent may if he please put the matter now, and introduce the form upon a future Condition (or a present, or a past) as if he should set the wax and material seal to a Deed of Gift, with this addition, I hereby seal to this, or own it as my deed, if such a man be now living in France; or if such a Ship be safe arrived: or if such a man shall do such a thing; otherwise this shall be no seal. But such exceptions or conditions being always added to the Instrument or Principal obligation or conveyance, and being of no use as to the seals only, I never heard of such, nor I think ever shall do. For if all these or any of these Conditions be in the Deed or Obligation, the Seal doth but confirm that Conditional Obligation, though it be absolutely and actually a Seal: and therefore doth not oblige the Author actually, but conditionally: and therefore to feign a Conditional sealing, besides the conditional Covenanting or Granting, seems very useless and vain, to say no more.
R. B. 1. I Never heard of, nor knew a Conditional sealing in the world: though I have oft heard of the effects of Obligation and Collation of Right to be Conditional, which are not only separable from the Terminus proximus of sealing, but also are directly the effects of the Covenant, Promise, Testament, &c. only, and but remotely of the Seals, inasmuch as that Seal is a full owning of the Instrument of Conveyance. Yet such a thing as a Conditional sealing may be imagined, seeing sealing is a Moral Civil action, and so dependeth quoad formam on the will of the Agent after the matter is put; the Agent may if he please put the matter now, and introduce the form upon a future Condition (or a present, or a past) as if he should set the wax and material seal to a Deed of Gift, with this addition, I hereby seal to this, or own it as my deed, if such a man be now living in France; or if such a Ship be safe arrived: or if such a man shall do such a thing; otherwise this shall be no seal. But such exceptions or conditions being alwaies added to the Instrument or Principal obligation or conveyance, and being of no use as to the seals only, I never heard of such, nor I think ever shall do. For if all these or any of these Conditions be in the Deed or Obligation, the Seal doth but confirm that Conditional Obligation, though it be absolutely and actually a Seal: and therefore doth not oblige the Author actually, but conditionally: and therefore to feign a Conditional sealing, besides the conditional Covenanting or Granting, seems very useless and vain, to say no more.