case sumner against ferryman if a suit be institute in a inferior court  against a bargemaster and the bailiff by process from the court attach one of  the defendant barge while his servant be navigate it and the servant to  release the barge and its cargo give the bailiff a bind condition for his  master appearance at the next court it be a legal bind and can be avoid by a  plea that the bailiff have no right to take it or that it be take by duress  debt for sixty pound on a bind date the sixteenth day of August upon oyer of  the condition it be set forth in hc word videlicet the condition of this  obligation be such that if Nicholas Hooper do and shall appear before the  mayor alderman bailiff and understeward of the borough of new Windsor at the  next court of record to be hold at the guildhall of the say borough on the  nineteenth day of August instant there to answer to William Davies Benjamin  child and Benjamin Tompkins in a plea of trespass on the case then this  obligation to be void or else in full force c the defendant plead in bar that  he be a servant to Nicholas Hooper and that he be employ by Hooper in govern a  barge modern report load with several people good from Oxford to London and  that in his voyage upon the river of Thames near new Windsor the bailiff of  new Windsor pretend to have process against Nicholas Hooper and power and  authority to attach the good of Hooper do attach the barge then be sub  custodian et gubernation of the defendant of which Hooper be master and so  hinder and detain they from go their voyage and refuse to let they go unless  the say John the defendant will give the say bind to the say bailiff so that  the say defendant to free the barge and that he may deliver the good to the  owner give the say bind with the condition where in fact no bailiff ought to  take such a bind and that it be take extorsive c et hoc a preparation be  verify c to this plea the plaintiff demurrer and the defendant join in  demurrer Mr Pengelly for the plaintiff say that this be a good bind and shall  not be avoid by duress for there be no assault or restraint to his person and  a bind shall never be avoid by duress but when the person be put in some  terror and so when his good and chattel be take illegal or irregular for if  the case be so he may avoid his bind but here he shall not avoid this bind  because regular take and cite Edward bro Abr duress pl inn m   Litt b roll Abr  duress and therefore the plea do not avoid the bind and the condition not be  against law the plea be ill and so pray judgement for the plaintiff Mr Raymond  for the defendant say they have no authority to distrain this barge and  therefore the bind be void there be indeed a action against Hooper but it do  not appear that this be his barge only that he be master of it also there  modern report er p be good of other person in the barge and thing for the  benefit of trade shall not be distrain like the common case of a horse in a  smith shop c and as to what Mr Pengelly say about duress be cite a case out of  the book of assize a book of assize pl which case be abridge in roll Abr  duress a where a man make a deed by duress do to he by take his modern report  cattle and though there be not any duress to his person yet it be adjudge he  shall avoid the bind then it may be object that though be may avoid a bind by  duress to his own good yet not to the good of stranger as these be to which he  answer that the bargeman have a special property c and for these reason pray  judgement for the defendant and at another day in this term the court give  judgement for the plaintiff which be deliver by holt chief justice who say  that the defendant have submit to the process let it be right or wrong the  bind which he give shall be a good bailbond and shall not be avoid if the good  of a stranger be in my custody and be attach if I do not contest it but give a  bail bind their be the good of a stranger shall not avoid the bailbond indeed  if he have take it multicolored duty when there be no process at all it have  be void by the statute Henry c Powell justice say a man can avoid his bind by  duress to his good but only to his person Q judgement for the plaintiff