Page:The country justice. containing the practice, duty and power of the justices of the peace, as well in as out of their sessions.djvu/322

300 2. Where one hath dangerouly wounded another, and then flying into an Houe, the Contable or other Officer upon freh Suit, may break open the Door, and apprehend the Offender.

So may any other Peron beides the Officer. 7 E. 3. 19. Cromp. 171,

3. Where there hall be an Affray made in an Houe, and the Doors hut, the Contable, &c. may break into the Houe to ee the Peace kept.

4. So upon a Forcible Entry or Detainer found by Inquiition, before Jutices of Peace, or viewed by the Jutices themelves.

5. Upon a Capias Utlagatum, in any peronal Action, as alo upon a Capias pro fine, directed to the Sheriff, the Sheriff may break open the Doors, &c. 6. Upon a Warrant or Proces, for the Apprehending of any Popih Recuant, being excommunicate, the Officer may break open the Houe. 3 Jac. 1. 4. P. Rec. 52.

7. Upon a Warrant for the Peace, or Good Behaviour, the Contables may break open the Houe, by the Opinions of Popham and Clerk, Jutices of Aize, at Cambridge Aizes, 3 Jac.

8. Latly, in all Caes where the King is Party, or hath Interet in the Buines, the Officers may break open the Doors, as aforeaid : For no Man's Houe hall be a Catle againt the King.

And yet the Sheriff, nor his Officers may not break open any Man's Houe, to execute the King's Proces (upon the Body or Goods of any Peron) at the Suit of any Subject.

But when a Houe is recovered by any real Action, or by Ejectione firmæ, there the Sheriff may break open the Houe, and deliver Seiin or Poeion to the Demandant or Plaintiff, &c. For after Judgment, it is no more (in the Right or Judgment of Law) the Houe of the Tenant or Defendant.

But note, that the Officer before he break open the Houe or Doors of any Peron, he mut ignify the Caue of his Coming, and deire that the Doors may be opened unto him.

Note alo, although no Man may forcibly keep his Houe againt the King's Officers in the Cafes aforeaid, yet every Man's Houe is (to himelf, his Family, and his Goods) as his Catle, as well for his Defence againt Injury and Violence, as alo for his Repoe and Ret. And therefore the Law doth give to Dwelling-houes divers Privileges.

1. Firt, That it is a Man's Catle for his Defence, as aforeaid.

2. Alo a Man's Houe hath a Privilege to protect him againt any Arret by Force of any Proces, at the Suit of any Subject, as aforeaid.

3. A Man's Houe (in ome Cafes) hath a Privilege againt the King's Prerogative, for it hath been adjudged, that Salpetre-men cannot dig in the Manion-Houe of any Subject, without his Aent 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.

4. If Thieves hall come to a Man's Houe, to rob or murder him, he may lawfully aemble Company to defend his Houe by Force; and if he or any of his Company hall kill any of them in Defence of himelf, his Family, his Goods or Houe, this is no Felony, neither hall they forfeit any Thing therefore.

5. Alo a Man that is in Poeion of a Houe peaceably, and doubteth that another (who indeed hath more Right to the Poeion, and who may enter) will enter upon him, here he which is in Poeion, may defend it with his ordinary Company, and may jutify to beat the other, which hall attempt to enter upon him : But if he kill him, it is Felony ; nay, he in Poeion (in this former Cae) may not hire any Strangers to aid him, neither may he have his own ordinary Company in Armour, nor otherwie be provided with Bows or Guns to hoot at the other. Cromp. 70. a. See after, Tit. Homicide.

Alo, if a Man being in his Houe, do hear that another will come thither to beat him, he may lawfully aemble his Neighbours and Friends, &c. to aift and aid him there in Defence of his Peron.

And yet if he, or any of his Company, hall kill the other (or any of the other Company) in uch Defence of himelf or his, this eemeth to be Felony in all of them which be in the Houe, and in that Action; o as they hall forfeit their Goods thereby. See hereof after, Tit. Homicide.

But if a Man be threatned, that if he come to uch a Place, that then he hall be beaten. In this Cae he may not aemble any Company to go thither to afeguard his Peron; for there is no Neceity of his going thither; beides, he may have Surety of the Peace againt uch as threatned him. (a) And