BON 
BON 
tion to whom he is bound, yet the obligation is good, and 
he (hall be intended to be bound to B. to whom he acknow¬ 
ledged before the iol. to be due. zRol. Abr. 14S. Franklin 
v. Turner. 
If an infant feal a bond, and be fried thereon, he is not 
to plead non ejl faBum, but mud avoid the bond by fpecial 
pleading ; for this bond is only voidable, and not in itfelf 
void. 5 Rep. iii). But if a bond be made by a feme co¬ 
vert, (he may plead her coverture, and conclude non ejt fac¬ 
tum, Be. her bond being void. 10 Rep. 119. Or plead non 
ejl faBum, and give coverture in evidence. If a bond de¬ 
pends upon forne other deed, and the deed becomes void, 
the bond is alfo void. 
As to the pleading of performance, the defendant mud 
fet forth in what manner he hath performed it. Thus, in 
debt on a bond, with condition for performance of feveral 
things, the defendant pleads that the condition of the laid 
deed was never broken by him, and held an ill plea : be- 
catife, for laving the bond, it is necelfary for the defendant 
to (hew how he hath performed the condition; and this 
fort of pleading was never admitted. 2 Vent. 156. So, if 
he had pleaded that he performed every thing, it had been 
HI; for, the particulars being expreffed in the condition, 
he ought to plead to each particularly; but, if the condition 
were for performance of covenants in an indenture, per¬ 
formance were generally a good plea. 1 Lev. 302. This 
mull be underftood where the covenants are fet forth and 
appear to be all in the affirmative. For if Come are in the 
affirmative, fonte in the negative, or any in the disjunctive, 
the defendant (hould plead fpecially. 
In debt on an obligation for payment of money, &c. the 
defendant pleads, that at the time and place he was ready 
to pay the money, but that nobody was there to receive 
it; and held ill on a general demurrer, for want of dating 
a tender, for the tender only is traverfable. 3 Lev. 104. In 
debt on a bond with condition, the defendant pleads a col¬ 
lateral plea, which is infufficient ; the plaintiff demurs, 
and hath judgment, without affigning a breach ; for the 
defendant, by pleading a defective plea, by which he would 
excufe his non-performance of the condition, faves the 
plaintiff the trouble of affigning a breach, and gives him 
advantage of putting himfeif on the judgment of the court 
whether the plea be good or not; but if the plaintiff had 
admitted the plea, and made a replication which (hewed 
no canle of action, it had been otherwife ; but if the re¬ 
plication were idle, and the defendant demurred, yet the 
plaintiff (hould have judgment, without affigning a breach. 
1 Lev. 55 3 Lev. 24. This muff mean, it the plea was 
bad in fubftance. And in all cafes of debt on an obliga¬ 
tion with condition, (that of a bond to perform an award 
only excepted,) if the defendants plead a fpecial matter, 
that admits and excufes a non-performance, the plaintiff 
need only anfvver, and fa.!fify the fpecial matter alleged ; 
for he that excufes a non performance admits it, and the 
plaintiff'need not (hew that which the defendant hath fnp- 
pofed and admitted. Salk. *38. But if the defendant 
pleads a performance of the condition, though it be not 
well pleaded, the plaintiff in his replication muff (hew a 
breach.; for then lie has no caufe of action, unlefs he (hew 
it; and this difference will give the true reafon, and recon¬ 
cile the following cafes. 1 Salk. 138. 1 Lev. 55, 84, 226. 
iSaund. 102, 159* 317. 7>Lev. 17,24. j Vent. 1 14. Cro. Eliz. 
320. Yelv 78. But by (fat. 4 Anne, 9. 16, if an action of 
debt be brought on a lingle bill, or judgment, after mo¬ 
ney paid, fuch payment may be pleaded in bar. So of a 
bond with a condition, upon payment of principal and in- 
tereff due by the condition, though fuch payment was not 
ffriCtly made according to the condition, yet it may be 
pleaded in bar. 
By (tat. 8 and 9 Wm III. c. 11, in actions on bonds for 
performance of covenants, the plaintiff may affign as many 
breaches as he pleales, and the jury may affefs damages. 
The defendant paying the damages, execution may be 
(laid; but the judgment to remain to anfwer any future 
breach, and plaintiff may then leave Jci.fa. againff the de¬ 
fendant ; and fo toties quolies. In debt on a bond, the de¬ 
fendant may have feveral pleas in bar; as if the plaintiff 
fue as executor, the defendant may plead the releafe of 
the teffator for part, and for the refidue the releafe of the 
plaintiff", fo he may plead payment as to part, and as to 
the reft an acquittance. 1 Salk. 180. But a defendant in 
an action on a bond cannot plead non ejl faBum, and a ten¬ 
der as to part. 5 Term Rep. 97. In debt on an obligation 
the defendant cannot plead nil debet, but niuft deny the 
deed by pleading non ejl faBum ; for, the feal of the party 
continuing, it muft be dilfolved eo ligamine quo ligatur. 
Hard. 332. Hob. 218. In bonds to lave harmlefs, the de¬ 
fendant being profecuted, is to plead non damnifeatus, Be. 
The dealing of any bond or bill, &c. for money, being the 
property of any one, made felony, as if offenders had taken 
other goods of like value. Stat. 2 Geo. II. c. 25. 
BOND, adj. [from bind, perhaps for bound-, from ge- 
bonden. Sax.] Captive; in a fervile (late.—Whether we be 
Jews or Gentiles, whether we be bond or free. 1 Cor. xii. 13. 
BOND (John), a celebrated cmmientator and gramma¬ 
rian, bora in Somerferffiiie in 1530. He was educated at 
Wincheffer Ichool, and in 1569 was entered a ftudent at 
New College in Oxford, where he became highly efteemed 
for his academical learning. In 1579 lie took the degree 
of M. A. and loon after the warden and fellows of his 
college appointed him mailer of the free fchool of Taunton. 
Here he continued many years, and feveral of his feholars 
became eminent both in church and ftate. Being at length 
tired of this irkfome employment, he turned his thoughts 
to the ftudy of phylic, and praftifed it with great reputa¬ 
tion. He died at Taunton the 3d of Augull 1612. He 
wrote, Annotations in Poemata Qmntii Horatii, London, 
1606, 8vo. Han. 1621, 8vo. His Perfius was not printed 
till two years after his death, 8vo. under the following ti¬ 
tle, Auli Perffi Flacci Satyrae fex, cum pofthumis com- 
mentariis Johannis Bond. 
BON'D AGE, f Captivity; imprifonment; ftate of re- 
ftraint: 
Say, gentle princefs, would you not fuppofe 
Your bondage happy, to be made a queen ? 
—To be a queen in bondage , is more vile 
Than is a (lave in bale fervility. Shakefpeare , 
Obligation ; tie of duty.—If (he has a ftruggle for honour, 
(lie is in bondage to love. Pope.— In old law-books, it is ufed 
for Villenage. Tenants in bondage paid kenots, and 
did fealty ; they were not to fell trees in their own garden, 
without licence of the lord. The widow of a tenant ini 
bondage held her hu(band’s eftate quam diu vixeritfine marito t 
‘ as long as (he lived tingle.’ 
Bond a G E by the Forelock, or bondagium per anterior es 
crints capitis, was when a freeman renounced his liberty, 
and became (lave to feme great man : which was done by 
the ceremony of cutting off a lock of hair from the fore¬ 
head, and delivering it to his lord ; denoting that he was 
to be maintained by him for the future. Such a bond- 
man, if he reclaimed lus liberty, or were fugitive from his 
matter, might be drawn again to his fervitude by the no fey 
whence the origin of the popular menace to pull a man by 
the nof. 
BONDE'NO, or Buondeno, a town of Italy, in the 
duchy of Ferrara, at the conflux of the Panaro and the Pot 
nine miles weft of Ferrara. 
BON D'M A i D,/. A woman fiave : 
Good lifter, wrong me not, nor wrong yourfelf, 
To make a bondmaid and a (lave of me. Shakefpeare . 
BOND'MAN,y. A man (lave : 
O freedom ; firft delight of human kind ; 
Not that- which bondmen from their mailers find. Dryden 
The Romans had two kinds of bondmen ; one call e<\ fervi,, 
who were thofe either bought for money, taken.in war, 
left by fucceflion, or purcnafecl by tome other lawful c— 
quifition ; or elfe born of their bondwomen, and c d 
vernx. \Ve may add a third kind of bondmen, mentioned 
by 
