D U R 
D U R 
merit can be made for the lofs of life or limb, i Comm. 
1 3 I > 
In time of war or rebellion, a man may be jollified in 
doing many treafonable adts by compulfion of the enemy 
or (‘ebels, which would admit of no excufe in time of 
peace, i Hal. P. C. 50. This, however, feems only, or 
at lead principally, to hold as to pofitive.crimes, fo cre¬ 
ated by the laws of fociety ' and which therefore fociety 
may excufe ; but not as to natural offences fo declared 
by the laws of God. Therefore though a man may be 
violently affkulted, and hath no other poffible means of 
efcaping death, but by killing an innocent perfon ; this 
fear and force (ball not acquit him of murder, for he 
ought rather to die himfelf than efcape by fuch means. 
But in fuch a cafe he is permitted to kill the affailant; 
for there the law of nature and felf-defence have made 
him his own protestor. 4 Comvi. 30. 
It has been adjudged, that if a man makes a deed by 
durefs done to him by taking of his cattle, though there 
be no durefs to his perfon, yet this fnall avoid the deed, 
2 Danv. Abr. 686. If a perfon threaten another to make 
a deed to a third perfon, it is by durefs, and void ; as if 
fuch third perfon had made the threatening. 2 Injl. 482. 
And where a man is imprifoned until he makes a bond 
at another place ; if afterwards he doth it when at large, 
the bond is by durefs, and void. If a perfon be arretted 
upon an adtion at the fuit of another, and the caufe of 
adtion is not good, if he make a bond to a ftranger, it is 
not durefs-; though if he make it to the plaintiff, it is, 
and being fued upon the bond, he may plead it was made 
by durefs, and avoid it : alto the party fhall have an ac¬ 
tion for the falfe imprifonment. x Lil. Abr. 494. If the 
arreft is under colour of legal procefs, the adtion mutt be 
fpecial adtion on the cafe, not an action of trefpafsw'ctarrafs. 
It one imprifoned make an obligation by durefs, and 
.after he is at large takes a defeafance upon it, this will 
ettop him to fay it was made per durefs. And where A. 
and B. by durefs to B. feal a bond or deed, it may be 
good as to A. that was never threatened. 3 Hen. VI. 16. 
tr^Edw. III. 10. 2 Danv. 686. A man fhall not avoid a 
deed by durefs of a tlranger; for it hath been held that 
none fhall avoid his own bond for the imprifonment or 
danger of any other than of himfelf only. Cro. Jac. 187. 
Yet a fon fhall avoid his deed by durefs of the father : 
and the hutband fhall avoid a deed made by durefs of the 
wife ; though a fervant fhall not avoid a deed made by 
durefs of his matter, or the matter the deed fealed by du¬ 
refs of his fervant. 2 Danv. 686. If a man is taken by 
virtue of a procefs itfuing out of a court that hath not 
power to grant it; or in cuttody on a falfe charge of fe¬ 
lony, and for his enlargement and difcharge gives bond, 
this may be avoided, as taken by durefs. 4 /«/?. 97. 
A ftatute merchant may be avoided by audita querela , 
becaufe it was made by durefs or imprifonment. A will 
fhall be avoided by durefs or menace of imprifonment. 
A feoffment made by durefs is voidable, but not void. 
But no averment fhall be taken againft a deed inrolled, 
that it was made'by durefs. 2 Danv. 685. A marriage 
had by durefs is voidable; and, by 31 Hen. VI. c. 9. 
obligations obtained of women by force, to marry the 
perfons to whom made, or otherwife, unlefs for a juft 
debt, are declared void. If a perfon executes a deed by 
durefs, he cannot plead non eft faBum, becaufe it is his 
deed; though he may avoid it by fpecial pleading, and 
judgment fi aBio, &c. 5 Rep. 119. Records may not re¬ 
gularly be faid to be made by durefs, and therefore fhall 
not be avoided by this plea or pretence. 2 Shep. Abr. 319. 
DU'RET (Louis), a learned phytician of the fixteenth 
century, native of Burgundy. He ftudied at Paris, and 
became phyfician to the king, and profeflbr-royal; and 
died at Paris in 1586, at the age of fifty-nine. Duret dif- 
tinguifhed himfelf by his zeal for the dodtrines of Hippo¬ 
crates, and his learned explanations of the works of that 
father of medicine. He publifhed. Adverfaria f. Scholia in 
Vol, VI. No. 336. 
129 
jfacobi Hollerii l. de morbis internis, 1571, Svo. His princi¬ 
pal work did not appear till after his death : its titl • is, 
Hippocrates Coaca Pranotiones interprete & cnarrantc L. Dureto, 
Par. 1588, folio. He wrote alfo, In Magni Hippocrates l. 
de Humoribus purgandis, & in l. Hi. dc Diceta Acutorum Com - 
mthtarii, publifhed by P. Giradet in 1631, 8vo. 
DUR'FORT, a town of France, in the department of 
the Gard : feven miles fouth-weft of Alais. 
DUR'FORT, a town of France, in the department of 
the Aude : feven miles fouth-weft of Caftlenaudary. 
DUR'FORT, a town of France, in the department of 
the Arriege : five miles north-weft of Pamiers. 
DUR'GAN, a town of Afiatic Turkey, in the province 
of Natolia : forty-eight miles fouth-eaft of Caftamoni. 
DUR'GEN, f. [bpeojrj, Sax. j A dwarf; a little, 
thick, fhort, perfon. Bailey. 
DUR'GUT, a town of Afiatic Turkey, in the province 
of Natolia : eighteen miles eaft of Smyrna. 
DUR'HAM, a maritime county of England,with the pri¬ 
vileges of a palatinate ; bounded on the north by North¬ 
umberland, on the eaft by the German Sea, on the fouth by 
Yorkfhire, from which it is divided by the river Tees, and 
on the weft byWeftmoreland and Cumberland. Its ftiape is 
triangular ; and, during the Saxon heptarchy, this county 
made part of the kingdom of the Northumbrians. It is 
forty miles long from eaft to weft, thirty-five broad from 
north to fouth, and 160 in circumference ; containing 920 
fquare miles, or 588,800 fqtiare acres ; divided into four 
wards, having 120 parifties, twenty-one vicarages, 223 
villages, one city, and nine market towns ; the whole 
fuppofed to contain about 100,000 inhabitants. It is ufu- 
ally called the Biftiopric of Durham , or the Comity Palatine of 
Durham , from the great power poflefted by its biftiop. 
When he comes in perfon to any of the courts of judica¬ 
ture, he fits chief in them, thofe of aftize not excepted, 
and even when judgment of blood is given ; though the 
canons forbid any clergyman to be prefent, the bifhops 
of Durham did and may fit in their purple robes on the 
fentence of death. All dues, amercements, and forfeited 
recognifances, in the courts of the palatinate, and all deo- 
dands, belong to the biftiop. If any forfeits are made, 
either of war or by treafon, outlawry or felony, even 
though the foil be the king’s, they fall to the biftiop here, 
as to the king in other places. All the tenures of land 
here originate from the biftiop, as lord paramount in chief. 
Hence he grants charters for eredting boroughs and incor¬ 
porations, markets, and fairs; inclofing forefts, chaces, 
and warrens ; licences to embattle caftles, build chapels, 
found chantries and hofpitals, and difpenfations with the 
ftatute of mortmain. All inclofed eftates, as well as 
moors, or waftes, to which no title can be made, efeheat 
to him. He grants the cuftody of ideots and lunatics, 
and had the cuftody of minors while the cuftom of wards 
and liveries fubfifted. Befides the dependance of leafe. 
hold or copyhold tenants on him, if any freeholders ali¬ 
enated their land without his licence, they were obliged 
to fue out his patent of pardon ; and all money paid for 
fuch licences belongs to him. In the article of military 
power, the biftiop of Durham had anciently his thanes, 
and afterwards his barons, who held of him by knight’s 
fervi'ce, as the reft of the haihverk folk held of them by 
inferior tenures. On alarms he convened them as a par¬ 
liament, with advice to aflift with their perfons, depend¬ 
ants, and money, for the public fervice at home and 
abroad, and all levies of men or money were made by 
the bilhop’s commiftion, or by writs in his name out of 
the chancery at Durham ; for he had power both to coin 
money and levy taxes, and raife and arm foldiers in the 
bifhopric from fixteen to fixty years old. But now the 
militia of this county has been long on the fame footing 
with the reft of the kingdom, under the lord-lieutenant. 
The only difference here is, that that office has generally, 
though not always, been borne by the biftiop. The ad¬ 
miralty jurifdidtion in this county belongs a)fo to the bi- 
L 1 ftiop, 
