| Chap. 127. |
Forcible Entry, &c.
break or attempt to break the Peace, and they may therein take
the assistance of others, as aforesaid. |
307 |
| P. R. 14. |
Also in these Cases following, it is lawful for
the Kings Officers, by
force to break open a Mans House to arrest Offenders being therein, if
the
doors shall be all shut, so as the Officer cannot otherwise enter the
House, viz. |
|
| Co. 5. 91. |
1. For the apprehending of any person for
Treason, Felony or Suspition
of Felony. 13 E. 9. 4. Br. Coron. 159. |
§. 2. |
|
2. Where one hath dangerously wounded another,
and then flying into
an House, the Constable or other Officer upon fresh Suit, may break open
the door, and apprehend the Offender. |
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So may any other person besides the Officer, as
it seemeth. 7 E. 3. 19.
Cromp. 171. |
|
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3. Where there shall be an Affray made in
an House, and the door shut,
the Constable, &c. may break into the House to see the peace kept. |
|
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4. So upon a Forcible Entry, or Detainer found
by Inquisition, before
Justices of Peace, or viewed by the Justices themselves. See here
Chap. 22. |
|
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5. Upon a Capias Utlagatum, in any
personal Action, as also upon a
Capias pro fine, directed to the Sheriff, the Sheriff may break
open the
doors, &c. 27 Ass. 35. |
|
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6. Upon a Warrant or Process, for the apprehending
of any Popish
Recusant, being Excommunicate, the Officer may break open the House,
3 Jac. 4. P. Rec. 52. |
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7. Upon a Warrant for the Peace, or Good Behaviour,
the Constables
may break open the House, by the opinions of Popham and Clerk,
Justice
of Assize, at Cambridge Assizes, 3 Jac. |
|
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8. Lastly, in all Cases where the King is
party or hath interest in the
business, the Officers may break open the doors, as aforesaid: For
no
Mans House shall be a Castle against the King, Co. 5. 91. |
|
Co. 5. 91.
13 E. 4. 9. |
And yet the Sheriff, nor his Officers may not break
open any Mans
House, to execute the Kings Process (upon the Body or Goods of any person)
at the suit of any Subject. Co. 5. 92. 95. |
|
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But when a House is recovered by any Real Action,
or by Ejectione
firmæ, there the Sheriff may break open the House, and deliver
Seisin or
Possession to the Demandant or Plaintiff, &c. For after Judgment,
it is no
more (in the Right or Judgment of Law) the House of the Tenant or Defendant,
Co. 5. 91. |
|
| Co. 5. 91. |
But note, that the Officer before be break open
the House or Doors of
any Person, he must first signifie the cause of his coming, and desire
that
the doors may be opened unto him. |
|
Co. 5. 91.
& 81, 82.
2 H. 7. 39. |
Note also, although no Man may forcibly keep his
House against the
Kings Officers in the Cases aforesaid, yet every Mans House is (to himself,
his Family, and his Goods) as his Cattle, as well for his defence against
injury
and violence, as also for his repose and rest. And therefore the
Law
doth give to dwelling houses divers priviledges. |
§. 3.
Forcible
Defence
lawful. |
|
1. First, That it is a Mans Castle for his
defence, as aforesaid. See Plus
infra. |
|
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2. Also a Mans House hath a priviledge to
protect him against any Arrest
by force of any Process, at the suit of any Subject, as aforesaid. |
|
| Co. 11. 8. |
3. A Mans House (in some cases) hath a priviledge
against the Kings
Prerogative, for it hath been adjudged, that Saltpeter men cannot dig
in the Mansion-House of any Subject, without his assent in regard of the |
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