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Forcible Entry, &c.
danger that may happen thereby, in the night time, to the Owner, his
Family
and Goods, by Thieves and other Malefactors., Co. 11. 82. |
Chap. 127. |
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4. If Thieves shall come to a Mans House,
to rob or murther him, he
may lawfully assembly company to defend his House by force; and if he or
any of his company shall kill any of them in defence of Himself, his Family,
his Goods or House, This is no Felony, neither shall they forfeit any thing
therefore. |
Co. 5. 91.
& 11. 82. |
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5. Also a Man that is in possession of a House
peaceably, and doubteth
that another (who indeed hath more right to the possession, and who
may enter) will enter upon him, here he which is in no possession, may
defend
and keep his possession of the House with his ordinary Company, and may
justifie to beat the other, which shall attempt to enter upon him:
But if he
kill him, it is Felony, nay, he in possession (in this former case) may
not
hire any strangers to aid him, neither may he have his own ordinary
Company in Armor, nor otherwise be provided with Bows or Guns to
shoot at the other, as it seemeth, Cromp. 70. a. See
after, tit. Homicide,
cap. 98. |
Crom. 70. |
§. 4.
In defence
of his person. |
Also, if a Man being in his House, do hear that
another will come thither
to beat him, he may lawfully assembly his Neighbours and Friends &c.
To assist and aid him there in defence of his person. |
21 H. 7. 39.
Br. Riots.
1. |
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And yet if he, or any of his Company, shall kill
the other (or any of
the other Company) in such defence of himself, or his, this seemeth to
be
Felony in all of them which be in the House, and in that Action; so as
they
shall forfeit their Goods thereby. See hereof after, tit. Homicide. |
Co. 11. 81.
& 5. 91. |
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But if a Man be threatned, that if he come to such
a place, that then
he shall be beaten. In this case he may not assemble any company
to go
thither to safeguard his person; for there is no necessity of his going
thither; besides, he may have surety of the peace against such as threatned
him. |
21 H. 7. 39.
Co. 11. 81.
& 5. 91. |
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And if another shall make any assault upon me, yet
if I may escape
with my life, it is not lawful for me by the Law to beat the other who
made
the assault, per Markham. Quod tota curia concessit. 2
Hen. 4. fol. 7. Fitz.
Bar. 72. Vide hic before tit. Surety for the Peace, cap. 72. |
|
§. 5.
In defence
of others. |
If there be an attempt made to beat a Man, his Wife,
Father, Mother
or any of his Children (within age) he may lawfully use force to resist
it,
and may justifie the beating of the other in such case. |
9 E. 4. 28.
16 H. 3. 17. |
|
Also the Servant may justifie to beat another in
defence of his Master.
Br. Trn's 217. hic cap. 72. |
21 H. 7.
39. |
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But yet by the opinion of Eliot, 21 H.
8. fol. 2. b. it is not lawful
forcibly to touch the person of a Man, except that there be so great peril,
that another is like to perish, if he have not help. And there I
may beat one
Man (saith he) to save the life of another; so that where the life of another
is in danger, there any Man (though a stranger) may lawfully resist it,
and
that with force and beating of the other. See Chap. 72. |
|
§. 6.
In defence
of my
Goods. |
Also a Man may justifie to beat another in defence
of the possession of
his Goods. And if another hath taken away my Goods, I may take them
again from him with force. But a Man cannot justifie the wounding
of
another in defence of his Goods. And this was the opinion of Wray
Chief
Justice, An. 25 El. |
Crom. 6.
69.
Crom. 96. |
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' And note, That every one may take and detain with
force his own
' Goods: And the Issue in an Action of Trespass brought therefore
shall be,
' Whether the party hath interest or title to the Goods, or no; and not
' whether he used any force in getting them; and if it be found for the |
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