It may be frail - its roof may shake - the wind may blow through it - the storm may enter - the rain may enter - but the King of England cannot enter. Post was not sent - check your email addresses! In its original form the common law was intended to protect citizens not only from each other but perhaps more importantly from unlawful incursions by the King.One of the first references in the common law in terms of the right to defend one’s home was in the Samynes case (1604) where it was stated: “A man’s house is his castle and woe betide all who would enter without permissionIn 1763 the term “castle” was defined by British Prime Minister William Pitt, the first Earl of Chatham, also known as Pitt the Elder, who stated:  “The poorest man may in his cottage bid defiance to all the forces of the crown.

His charges were nevertheless terrified of him and he condoned methods in the 'castle' of his school that would result these days in a visit from Social Services. Thus, the 2nd Amendment is not really aboutEnter your email address to follow this blog and receive notifications of new posts by email. Other states do not require retreat but allow homeowners to “stand their ground” against unlawful attack.In all cases, the occupant must legally be in the residence, and the intruder must be there illegally. Rundown House In Downtown Raleigh Nc 0012853 Ncsu Libraries ... James Otis Rule Of Law A Mans Home Is His Castle American . he is the unit of the State. Martin was convicted by jury trial of murder, after shooting and killing a 16-year old who had broken into his house in Norfolk, UK. If the law were to be clarified I would hope that it would clearly provide that in cases where the “defender of the castle” used force, deadly or otherwise, on a trespasser the onus would be on the defender to demonstrate to the satisfaction of the courts that retreat was not a viable option and that the defender was in fear for his or her safety.

I also know that it is frightening to not know if the person or people have a knife, a gun, or some other weapon with them. "Richard Mulcaster, the headmaster of Merchant Taylors' School in London, echoed this in his treatise on education - "He [the householder] is the appointer of his owne circumstance, and his house is his castle. What was meant by 'castle' was defined in 1763 by the British Prime Minister with an admirable selection of names to choose from - "The poorest man may in his cottage bid defiance to all the forces of the crown.

A man's home is his castle: Self defense and the Castle Doctrine On behalf of Rittgers & Rittgers, Attorneys at Law posted in Criminal Defense on Friday, December 16, 2016. Use whatever force is necessary to stop the home invasion, once the threat is identified, and that’s where it should end.

Heaven help us if they did not.

A man’s house is his castle and woe betide all who would enter without permission In 1763 the term “castle” was defined by British Prime Minister William Pitt, the first Earl of Chatham, also known as Pitt the Elder, who stated: “The poorest man may in his cottage bid defiance to … Homepage / Uncategorized / A Man S House Is His Castle Law. Section 40 states:Many American states have taken a different approach. It may be frail – its roof may shake – the wind may blow through it – the storm may enter – the rain may enter – but the King of England cannot enter.”The evolution of the British common law in North America has resulted in the codification of many common law principles.In Canada, for example, Section 40 of the Criminal Code outlines the rights of persons who occupy a dwelling house to defend their “castle”. And while there was someone in my house, I also knew that myself or my husband are not totally protected by law to defend ourselves.

This enshrined into law the popular belief at the time, expressed in print by several authors in the late 16th century:[The English papists owe it to the Queen that] "youre house is youre Castell. The grumbles centre about the feminist response 'what about Englishwomen?' The English dictum that a man's home is his refuge.

Some states offer immunity not only from criminal prosecution but also civil liability in situations where the occupant used force to repel an attack.I appreciate your putting this up. We cannot always count on our law enforcement officials to be there when the druggies are. The maxim that 'An Englishman's home (or occasionally, house) is his castle' is most often cited these days in articles in the British right-wing press that bemoan the apparent undermining of the perceived principle that a man can do as he pleases in his own house, which they hold up as an ancient right. Additionally, castle laws may extend these rights to a workplace, a vehicle or other residences, as long as the occupant is legally there. When individuals are charged with serious offenses of violence against another, they may want to argue self-defense in showing they were justified in engaging in deadly force. And the law of England has so particular and tender a regard to the immunity of a man's house, that it stiles it his castle, and will never suffer it to be violated with immunity: agreeing herein with the sentiments of ancient Rome, as expressed in the works of Tully; quid enim sanctius, quid omni religione munitius, quam domus unusquisque civium? "It is clear from the above that the law was established to give householders the right to prevent entry to their homes. Sorry, your blog cannot share posts by email. States with weak castle laws require that the homeowner retreat as opposed to using force, if retreat is feasible. One has to make a split second decision on how to defend themselves, not knowing the true threat coming at them.

It also brings to mind the incident on Jubilee where the suspected drug dealer shot at the police. "Judged against the standards of his time, Mulcaster was an enlightened educationalist. Thirty-one states have passed laws based on the “Castle Defence Doctrine”. I second the notion.It is very unlikely Canada or any of the provinces would ever pass a new Castle Law,,, it would be against the Human Rights of crimminals.An interesting topic for discussion.