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.
So may any other Perſon beſides the Officer. 7 E. 3. 19. Cromp. 171,
3. Where there ſhall be an Affray made in an Houſe, and the Doors ſhut, the Conſtable, &c. may break into the Houſe to ſee the Peace kept.
4. So upon a Forcible Entry or Detainer found by Inquiſition, before Juſtices of Peace, or viewed by the Juſtices themſelves.
27 Aſſ35. 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.
6. Upon a Warrant or Proceſs, for the Apprehending of any Popiſh Recuſant, being excommunicate, the Officer may break open the Houſe. 3 Jac. 1. 4. P. Rec. 52.
7. Upon a Warrant for the Peace, or Good Behaviour, the Conſtables may break open the Houſe, by the Opinions of Popham and Clerk, Juſtices of Aſſize, at Cambridge Aſſizes, 3 Jac.
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 Man's Houſe ſhall be a Caſtle Co. 5. 91. againſt the King.
Co. 5. 91,92.; 13 E. 4. 9. And yet the Sheriff, nor his Officers may not break open any Man's Houſe, to execute the King's Proceſs (upon the Body or Goods of any Perſon) at the Suit of any Subject.
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. But note, that the Officer before he break open the Houſe or Doors of any Perſon, he muſt ſignify the Cauſe of his Coming, and deſire that the Doors may be opened unto him.
Forcible Defence lawful,; Co. 5.91. & 11. 82;2 H. 7. 39. Note alſo, although no Man may forcibly keep his Houſe againſt the King's Officers in the Cafes aforeſaid, yet every Man's Houſe is (to himſelf, his Family, and his Goods) as his Caſtle, 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 Privileges.
1. Firſt, That it is a Man's Caſtle for his Defence, as aforeſaid.
2. Alſo a Man's Houſe hath a Privilege to protect him againſt any Arreſt by Force of any Proceſs, at the Suit of any Subject, as aforeſaid.
Co. 11. 82. 3. A Man's Houſe (in ſome Cafes) hath a Privilege againſt the King's Prerogative, for it hath been adjudged, that Salpetre-men cannot dig in the Manſion-Houſe of any Subject, without his Aſſent in Regard of the Danger that may happen thereby, in the Night-time, to the Owner, his Family and Goods, by Thieves and other Malefactors.
Co. 5. 91. & 11. 82. 4. If Thieves ſhall come to a Man's Houſe, to rob or murder him, he may lawfully aſſemble 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.
Crom. 70. 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 Poſſeſſion, may defend it with his ordinary Company, and may juſtify 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 Armour, nor otherwiſe be provided with Bows or Guns to ſhoot at the other. Cromp. 70. a. See after, Tit. Homicide.
In Defence of his Perſon.; 21 H.7.39; Br. Riots 1.; Co. 11. 82. & 5. 91. Alſo, if a Man being in his Houſe, do hear that another will come thither to beat him, he may lawfully aſſemble his Neighbours and Friends, &c. to aſſift and aid him there in Defence of his Perſon.
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.
21 H. 7. 39.; Co. 11. 81. & 5.91. 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.
