Duress

   § 1. Item, Whereas in all parts of this realmdivers people of great power, moved with unsatiable covetousness, against all right, humanity, integrity, and good conscience, have sought and found new inventions, and then continually do execute, to the danger, trouble, and great abuding of all ladies, gentle-women, and other women sole, having any substance of lands, tenaments, or other movable goods, within this realm, percieving their great weakness and simplicity, will taake them by force, or otherwise come to them, seeming to be their great friends, promising them their faithful friendship, and so by great dissimulation, or otherwise, get them into their possession conveying them into such places where the said offenders be of most power; and when any woman by such means, or by any other means be in their government, the said evil disposed person or persons will not suffer them to go at large, and be at their liberty, until that they will bind themselves to the said offenders, or other person or persons to their use, in great sums, by obligation or obligations, as well simple as conditional, or by obligation or obligations of statute-merchant, made before a mayor or baliff, having power to take such recognisances.

   § 2. Also they will many times compel them to be married by them, contrary to their own likings, or otherwise they will levy the said sum or sums on their lands and goods, and put their person or persons in danger, to their great damage, which hath been, and is like to be an universal prejudice to the law of holy church, and the law of this realm, unless due remedy thereupon be provided. Our said lord the King, considering the promises, hath ordained and stablished, by authority of this present Parliament, That in all such cases aforesaid, the party bound may have a writ ??? of the chancery, containing all the matter of their unreasonable intreaty, directed to the sheriff of the county where any such offences were so done, or after shall be done, commanding him, that he, by force of this writ, make proclamation in the full county, and in the next county court after the receipt of the said writ, that the person or persons contained in the said writ shall appear at a certain day and place, prefixed in the said writ, before the chancellor of England for the time being, or otherwise before the Justices of Assise in the counties where the said offense were done, or else before some other notable person to be assigned by the chancellor of England for the time being; at the which day and place, if the said parties appear, that then the said chancellor of England, Justice, or other person so to be assigned by the chancellor for the time being, by virtue of this ordinance, shall duly examine the said parties upon the presmisses; by which examination, if they can find the said obligation or obligations, or any of them, so to be made as is aforesaid, that then the said obligation or obligations, and all process and execution sued, or to be pursued thereupon, shall be void, and of no force nor effect. And if it be found by examination before them, were made, or shall be found to be made, for a true duty, and by no such means as before is said, that then the said obligation or obligations, and all the process sued, or to be pursued thereupon, shall stand good and effectual. And if it be so, that the person or persons in such writs named, or to be named, against whom any such writs hereafter shall be sued, make default at the day and place limited in the same writ or writs, that then all such obligation or obligations as to before specified and declared, and in said writ or writs expressed, declared, and specified, and all manner of process and execution sued, or to be sued thereupon, shall be void and of no force not effect; and that the said sheriff or sheriffs to whom such writ or writsupon this ordinance hereafter commenced, shall be directed, shall execute the said writs according to the tenour<??> of the same, upon pain of three hundred pounds, whereof our sovereign lord the King to have the one half, and the other half to the party which shall sue the said writ of Proclamation. And that the said party so greived may have an action of debt in every such case against the said sheriff, for the half of said three hundred pounds, so forfeit, with process of outlawry<??>. And that the party or parties defendants in any such action hereafter to be pursued against any sheriff or sheriffs, shall alledge no protection, nor shall ????? his la?, nor shall be received to make or plead any foreign plea, to be tried in any other place than there where the said writ govern?ed upon this statute is sued.

   This statute avoids a deed made under duress, as a new remedy, when such was the law before. Mr. Rieves, however, says the object of the statute was to provide a special mode of redress more expeditous than the law has theretofore provided for such injuries.