BON 



his fframmatical education at Wincliefler fthool, vss en- 

 tered, in 1569, at the age of 19 years, a ftudent in the 

 univcrfity of Oxford, uhere he was diftinguifhed by liis 

 proficiency in academical learning. Having taken his de- 

 grees of bachelor and mailer of arts, the former in 1573, 

 and the latter in I J79, he was promoted by the niafter and 

 wardens of New College to the maftcrfhip of the free-fehool 

 at Taur.ton, in Somerletihire, which office he occupied with 

 reputation for feveral years. At length he quitted the la- 

 borious ftation of fchool-mafter, and directed his attention 

 to phyfic, which he praftifed more for amufement than pro- 

 fit. He died in 1612, and was buried in the chancel of the 

 church at Taunton. He wrote " Commentaries on Ho- 

 race and on Perfius." 



Bond, or Ohligat'ior,, in Law, is a deed whereby the 

 ohligor, or pcrfon bound, obliges himftlf, his heirs, exe- 

 cutors, and adminillrators, to pay a certain fum of money to 

 another called the olligee, at a day appointed. If this be all, 

 the bond is called a iiiigle one, " Simplex obligatio ;" but 

 there is generally a condition added, that if the obligor does 

 fome particular aft, the obligation fhall be void, or elfe ihall 

 remain in full force ; as payment of rent, performances of 

 covenants in a deed, or repayment of a principal fum of 

 money borrowed of the obligee, with interell, which princi- 

 pal fum is ufually one half of the penal fum fpecified in the 

 bor.d. In cafe this condition is not performed, the bond 

 becomes forfeited, or abfulute at law, and charges the ob- 

 ligor while l.ving ; and after his death the obligation de- 

 fcends upon h;s heir, who, on defeft of perfonal aflets, is 

 bound to difcharge it, provided he has real aflets by defcent 

 as a recompenfe. So that it may be called, though not a 

 t!ire3, yAacolIaUrnl, charge upon the lands. 



This fecurity is called a " fpecialty ;" the debt being 

 therein particularly fpecified in writing, and the party's 

 feal, acknowledging the debt or duty, and confirming 

 the contraft, rendering it a fecurity of a higher nature 

 than thofe entered into without the folemnity of a feal. 

 In order to make a good obligation, it has been held that 

 three things are necelfary, viz. writing in paper or parch- 

 ment, fealing, and deliveiy : but it hath been adjudged not 

 to be necefTary, that the obligor fiiould fign or fubfcribe his 

 name, fealing being deemed fufficient, and fubfcribing being 

 no effenlial part of the deed. And though the feal be necel- 

 fary, yet if the word fealed be wanting, it is remedied by 

 verdift and pleading over, for all neceflaiy circumilances 

 fliall be intended ; and if it were not fealed, it could not be 

 the deed or obligation of the party. Moreover, though 

 fealing and delivery be effential in an obligation, it is not 

 neceffary to mention in the bond, that it was fealed and de- 

 livered, becaufe, according to lord Coke, (2 Co. 5 a.) thefe 

 are things which are done afterwards. The name of the ob- 

 ligor fubfcribed is fufficient, though there is a blank for his 

 Chriftian name in the bond ; and where the obligor's name 

 is omitted to be inferted in the bond, if he figns and feals 

 it, the court of chancery may make good fuch an accident. 

 An obligation is good, though it has no date, or a falfe or 

 impofiible date ; the date not being of the fubilance of 

 the deed ; but the day of the delivery is the day of date, 

 though no day be fet forth. Every deed is fuppofed to be 

 delivered and made on the day of its date ; and if the plain- 

 tiff declare on a date, he cannot afterwards reply, that it was 

 iirft delivered at another day. A plaintifl may fugged a 

 date in a bond which has none, or one that is impofiible, &c. 

 provided that the parties and fum are fufEciently expreffed. 

 .A. perfon fhall not be charged by a bond, though figned 

 ajid fealed, without delivery, or words, or other aft, amount- 

 ing to a delivery. But it may be delivered by mere words j 



B O IT 



and arj aftnal delivery, without fpeaking any word, is fuffici- 

 ent. If a bond be altered by interlineation in a material 

 part, it becomes void ; and it may be made void by rafure, 

 &c. or by i-afingthe date, &c- after deliver)-. If the words 

 at the end of the condition, " that then this obhgation to 

 be void," are omitted, tlie condition will be void, but not 

 the obligation. If the condition of a bond be impoffible at 

 the time of makmg it, or be to do a thing contrary to fome 

 rule of law that is merely poCtive, or be uncertain or infen- 

 fible, the condition alone is void, and the bond fhall ftand 

 fingle and unconditional ; for it is the folly of the obligor 

 to enter into fueh an obligation, from which he can never be 

 releafed. If it be to do a thing that is malum in/,-, the obli- 

 gation itfelf is void ; for the whole is an unlawful contraft, 

 and the obligee fhall take no advantage from fuch a tranf- 

 aftion. And if the condition be poffible at the time of 

 making it, and afterwards becomes impoffible by the aft of 

 God, the aft of law, or the aft of the obligee himfelf, 

 there the penalty of the obligation is faved ; for no prudence 

 or forefight of the obligor could guard againft fuch a con- 

 tingency. Co. Litt. 206. When a condition is doubtful, it 

 IS always taken moll favourably for the obligor, and againft 

 the obligee; but fo that a reafonable conllruftion may be 

 made as nearly as poffible according to the intention of the 

 parties. If no time be limited in a bond for payment of the 

 money, it is due prefently and payable on demand, i Brownl. 

 53. ; and if a condition be impoffible in refpeft of time, it 

 fhall be paid prefently. Jones 140. i Leon. loi. If the 

 party, who is bound to perform the condition, difables him- 

 felf, this is a breach. A bond made with condition not to 

 give evidence againft a felon, &c. is void ; but the defendant 

 muft plead the ipecial matter. 2 Wilf. 341, &c. Condition 

 of a bond to indemnify a perfon from any legal profecution 

 is again il law, and void, i Lutw. 667. And if a fherifT 

 takes a bond as a reward for doing of a thing, it is void. 

 3 Salk. 75. See CoNDiTiOK. 



On the forfeiture of a bond, or its becoming fingle, the 

 whole penalty was formerly recoverable at law ; but here 

 the courts of equity interpofed, and would not permit a man 

 to take more than in confcience he ought, viz. his principal, 

 intereft, and e.xpences, in cafe the forfeiture accrued by 

 non-payment of money borrowed ; the damages fuflained, 

 upon non-performance of covenants ; and the like. And a 

 finiilar praftice having gained fome footing in the courts of 

 law, (fee 2 Keb. 553. 555. Salk. 596, 597. 6 Mod. 11. 

 60. loi.), the ftatute 4 and 5 Ann. c. 16. at length en- 

 afted, in the fame fpirit of equity, that, in cafe of a bond, 

 conditioned for the payment of money, the payment or 

 tender of the principal fum due, with intereft and coils, 

 even though the bond be forfeited, and a fuit commenced 

 thereon, fhall be a full fatisfaftion and difcharge. The 

 court of Chancery will not generally carry the debt beyond 

 the penalty of a bond ; yet in a cafe, where a plaintiff fought 

 relief againft fuch penalty, though it was decreed, it was on. 

 the payment of the principal money, intereft, and cofts ; and 

 notwithftanding they exceeded the penalty, this was affirmed,.- 

 I Vern, 350. 1 Eq. Ab. 92. 6 Vin. tit. Penalty. 3 Comm. 

 455. And where the condition of a bond is to perform a 

 collateral aft, damages may be recovered beyond the penal- 

 ty, and the court of K. B. will not ftay the proceedings on 

 payment of the money into court. 2 Term Rep. 388. 



All perfons who are enabled to contraft, and who are 

 fuppofed in law to have fufficient freedom and underftanding 

 for that purpofe, may bind themfelves by bonds and obliga- 

 tions. 5 Co. 119. 4 Co. 124. I Roll. Abr. 340. If a 

 perfon, illegally imprifoned, enters into a bond, during fuch 

 Teftraint, to the perfon who caufcs it, the fame may be 



avoided 



