coke a SEMAYNES case mich James in the king bench SC cro Elizabeth Sm l c that  Edward see Harvey v Harvey Ch d Hodder v William I qb resolve the house of  every one be his castle and if thief come to a man house to rob or murder and  the owner or his servant kill any of the thief in defence of himself and his  house it be no felony and he shall lose nothing where any house be recover by  any real action or by eject firm the sheriff may break the house and deliver  the seize or possession in all case where the king be party the sheriff may  break the house either to arrest or do other execution of the king process if  he can otherwise enter but he ought first to signify the cause of his come and  make request to open the door where the door be open the sheriff may enter and  do execution at the suit of a subject and so also in such case may the lord  and distrain for his rend or service it be not lawful for the sheriff on  request make and denial at the suit of a common person to break the defendant  house sure to execute any process at the suit of a subject the house of any  one be only a privilege for himself and do not extend to protect any person  who fly to his house or the good of any other which be bring there to prevent  a lawful execution and to escape the process of the law in such case after  request and denial the sheriff may break the house if the sheriff may break  open the door to execute civil process yet it must be after request make the  allegation prmisorum non ignorant be not sufficient where notice be material  SC more Yelv cro Elizabeth vide the entry   Ent pl in a action on the case by  Peter Semayne plaintiff and Richard Gresham defendant the case be such the  defendant and one George Berisford be jointtenants of a house in Blackfriar in  London for year George Berisford acknowledge a recognizance in the nature of a  statutestaple to the plaintiff and be possess of diverse good in the say house  die by which the defendant be possess of the house by survivorship in which  the good continue and remain the plaintiff sue process of extent on the  statute to the sheriff of London the sheriff return the conusor dead on which  the plaintiff have another writ to extend all the land which he have at the  time of the statute acknowledge or at any time after and coke report b er p  all his good which he have at the day of his death which writ the plaintiff  deliver to the sheriff of London and tell they that diverse good which be the  say George Berisfords at the time of his death be in the say house and  thereupon the sheriff by virtue of the say writ charge a jury to make inquiry  accord to the say writ and the sheriff and jury to go to ad house predictam  doorway domupredict area free from obstacles existen et good predictis in  predicta house lunc existen and they offer to enter the say house to extend  the coke b good accord to the say writ and the defendant prmissorum non  ignorant intend to disturb the execution doorway prd house tunc secret existen  clandebal contravicecom jurator prd whereby they can not come and extend the  say good nor the sheriff seize they by which he lose the benefit and profit of  his writ c and in this case these point be resolve that the house of every one  be to he as his Inst Cr Elizabeth   a   a   a   a Bulst Stanf cor b a castle  and fortress as well for his defence against injury and violence as for his  repose and although the life of man be a thing precious and favour in law so  that although a man kill another in his defence or kill   light a hale pi cor  Stanf cor c d b one per infortun without any intent yet it be felony and in  such case he shall forfeit his good and chattel this position be lie down much  too broad there be many case in which the kill another see to ward off or per  misfortune will not be consider by the law to be felony and it be doubt by  foster I whether in case of homicide per misfortune or see to ward off a  forfeiture of all the party chattel be ever incur foster hale PC hawk PC b  chap b chap black command a for the great regard which the law have to a man  life but if thief come to a man Inst Statif cor a cor roll Rep h c c house to  rob he or murder and the owner of his servant kill any of the thief in defence  of himself and his house it be not felony and he shall lose nothing the same  law of a lodger or sojourner in hale PC b and therewith agree e Coron ass pl  so it be hold in h every one may assemble his friend and neighbour   b Br riot  c h d to defend his house against violence but he can assemble they to go with  he to the market   b roll Rep e car Br cor the house Cooper cage cro car a  Fitzherbert Tresp Inst e or elsewhere for his safeguard against violence and  the reason of all this be because house svan whoever it be be to look at  refugium it be resolve when any house be recover by any real action or by  eject firm the sheriff may break the house and deliver the seize or possession  to the demandant or pl for the word of the writ be to have facias seisinam or  possession c and after judgement it be not the house in right and judgement of  law of the tenant or defendant in all case when the king Benl Bulstr Cr  Elizabeth more Yelv Cr car Inst die pl   Inst Goldsb Jones Leon e a f be party  the sheriff if the door be not open may break the party house either to arrest  he or to do other execution of the K s process if otherwise he can enter but  before be break it he ought to signify the cause of his come and to make  request to open door the distinction take in this case with post b between  those case in which the king and those in which a common person be party be  full recognize in Burdett v Abbott east and per Lord Ellenborough CJ it stand  perfect clear that a execution at the suit of a individual can be carry into  effect by break open the outer door and per Bailey I in every breach of the  peace the public be consider as interest and the execution of process against  the offender be the assertion of a public right and in all such case I  apprehend that the officer have a right to break open the outer door provide  there be a request of admission first make and a denial of the party who be  within ibidem in that case it be hold that process of contempt warrant the  break of the outer door for the purpose of execute it request be first make to  open the door Vid the case there cite in the execution of criminal process  against any man in the case of a misdemeanour it be necessary to demand  admittance before the break of the outer door of the house can be legal  justify Launock v brown barn and Ald the court do not give their opinion in  that case whether in the case of felony it will be necessary to make a  previous demand of admittance before break open the outer door the language of  Bailey I be general Even in the execution of criminal process you must demand  admittance before you can justify break open the outer door and Lord hale h PC  lie it down express that in case of felony such previous demand be necessary  and foster I in his discourse on homicide p say that in every case where door  may be break open in order to arrest whether in case criminal or civil there  must be such notification demand and refusal before the party concern proceed  to that extremity the rule that the outer door can be break open in execute  civil process in the case of arrest apply to arrest only in the first instance  for if a man be legal arrest escape from the officer and take shelter though  in his own house the officer may upon fresh suit break open door in order to  retake he have first give due notice of his business and demand admission and  be refuse genner v spark salk SC Mod while v Wiltshire roll Rep SC palm cro  James foster Vid vin ab house b and this privilege be confine to a man  dwellinghouse or outhouse adjoin thereto for the sheriff on a become facias  may break open the door of a barn stand at a distance from the dwellinghouse  without request the owner to open the door in the same manner as he may enter  a close Penton v brown keb SC side c and that appear well by coke report a er  p the stat of Westminster c which be but a affirmance of the commonlaw as  hereafter appear for the law without a default in the owner abhor the  destruction or break of any house which be for the habitation and safety of  man by which great damage and inconvenience may ensue to the party when no  default be in he for perhaps he do not know of the process of which if he have  notice it be to be presume that he will obey it and that appear by the book in  e Yelv postea b Cr Elizabeth more a execute where it be say that the king S  officer who come to do execution c may open the door which be shut and break  they if he can have the key which prove that he ought first to demand they e  Inst b I beat r so as he be in danger of death I fly and thereupon hue and cry  be make I retreat into the house of t they who pursue he either with or  without a warrant and whether the pursuit be by a constable or private person  hawk PC b chap d if the house be keep and defend with force which prove that  first request ought coke a to be make may lawful break the house of t for it  be at the k s suit ass p the k s bailiff may distrain for issue Br distress Br  trespass c in a sanctuary ass p by force of a capias on a indictment of  trespass the sheriff may Fitzherbert trespass Br trespass d break his house to  arrest he but in such case if he break the house when he may enter without  break it that be on request make or if he may open the door without break be  be a trespasser ass on issue join on a traverse of a office in chancery venire  facias be award returnable in the king bench without mention non Br  prerogative Le roy Br franchise Br process Fitzherbert prerogative a to let go  prop aliquan freedom yet forasmuch as the king be party the writ of itself be  non to let go prop aliquan freedom e Vid pale yellow c b e for felony e a  Fitzherbert bar Inst Bulstr Bulstr b or coke report b er p suspicion of felony  the k s officer may break Acc hale P C but Hawkins say it seem the better  opinion at this day that no one can justify the break open outer door in order  to apprehend one who lie under a probable suspicion only hawk P C b chap f the  house to apprehend the felon and that for two reason for the commonwealth for  it be for the commonwealth to apprehend felon in every felony the king have  interest and where the king have interest the writ be non to let go near  aliquan freedom and so the liberty or privilege of a house do not hold against  the king in all case when the door be brown Cr James c open the sheriff may  enter the house and do execute at the suit of any subject either of the body  or of the good when the officer be once in the house they may break open any  inner door or trunk for execute the writ foster lee v gansell Cowp SC Loft  Astley v pindar Cowp Ratcliff v Barton Bos pull so also if the outer door be  open the officer may enter forcible either through a inner door or window  Lloyd v Sandilands taunt SC b more and the officer need not demand entrance at  the inner door before they be break open Hutchinson v birch taunt and if the  sheriff officer enter the house the outer door be open and the owner lock they  in the sheriff may justify break open the outer door for set they at liberty  while v Wiltshire roll Rep g and so may the lord in such case enter the house  Br trespass Br issue d and distrain for his rend or service h a e Distr e avow  the lord may distrain in the house although land be also hold in which he may  distrain vide Br seize Fitzherbert assize Lucas e ass but the great question  in this case be if by force of a capias or become facias at the suit of the  party the sheriff after request make to open the door and denial make may  break the defendant house to do execute if the door be not open and it be  object that the sheriff may well do it for diverse cause because it be by  process of law and it be say that it will be grant on the other side that a  house be not a liberty for if a become fac or a capias be award to the sher at  the suit of a common person and he make a mandate to the bailiff of a liberty  who have return of writ who no one devoted to response in that case another  writ shall issue with non to let go near aliquan freedom by the  longestablished and recognize practice of the court of KB a non to let go writ  may be issue in the first instance without sue out a previous writ and wait  for the sheriff return of to put in hand ballivo who no one devoted to  responsum Carrett v Smallpaqe east Tidds practice that edition h yet it will  be say on the other side that he shall not break the defendant house as he  shall do of another liberty for whereas in the county of Suffolk there be two  liberty one of saint Edmund bury and the other of saint Etheldred of Ely  suppose a capias come at the suit of a to the sheriff of Suffolk to arrest the  body of b the sheriff make a mandate to the bailiff of the liberty of saint  Etheldred who make no answer in that case the plaintiff shall have a writ of  non to let go and by force thereof he may arrest the defend within the liberty  of bury although no default be in he admit it to be a liberty the defendant  himself shall never take advantage of a liberty as coke b if the bailiff of a  liberty be def in any action and process of cap or become fac come to the sher  against he the sheriff shall execute the process against he for a liberty be  always for the benefit of a stranger to the action for necessity the sheriff  shall break the defendant house after such denial as be aforesaid for at the  commonlaw a man shall not have any execute for debt but only of the defendant  good suppose then the def will keep all his good in his house and so the def  himself by his own act will prevent not only the pl of his just and true debt  but there will also be a great imputation to the law that there shall be so  great a defect in it that in such case the pl by such shift without any  default in he shall be bar of his execute and the book in e Yelv before b more  Cr Elizabeth oh Benl see e contra a execute be cite to prove it coke report a  er p where it be say that it be not lawful for any one to disturb a king  officer who come to execute the k s process for if a man may stand out in such  manner a man will never have execution but there it appear as have be say that  there ought to be request make before the sheriff break the house it be say  that the sheriff be officer of great authority in who the law repose great  trust and confidence and be to be of sufficiency to answer for all wrong which  shall be do and they have custodians comitat and therefore it shall not be  presume that they will abuse the house of any one by colour of do their office  in execution of the king writ against the duty of their office and their oath  also but it be resolve that it be not lawful for the sher on request make and  denial at the suit of a Jones Brownl Bulstr Cr James Benl Inst palm dyer pl  more Cr car Cr Elizabeth Yelv hob Leon   march e a Br execute Br trespass b  common person to break the defendant house know to execute any process at the  suit of any subject for thence will follow great inconvenience that man as  well in the night   a Cr James jenk cent hale pl cor Owen c as in the day  shall have their house which be their castle break by colour whereof great  damage and mischief may ensue for by colour thereof on any feign suit the  house of any man at any time may be break when the defendant may be arrest  elsewhere and so man will not be in safety or quiet in their own house and  although the sheriff be a officer of great authority and trust yet it appear  by experience that the king writ be serve by bailiff person of little or no  value and it be not to be presume that all the substance a man have in his  house nor that a man will lose his liberty which be so inestimable if he have  sufficient to satisfy his debt and all the say book which prove that when the  process concern the king that the sheriff may break the house imply that at  the suit of the party the house may not be break otherwise the addition at the  suit of the king will be frivolous and with this resolution agree the book in  e a before a Fitzherbert bar Inst d e and the express difference there take  between the case of felony which as have be say concern the commonwealth and  the suit coke a of any subject which be for the particular interest of the  party as there it be say in Cr Elizabeth Yelv Br execution Br Tresp e I  Elizabeth a by Littleton and all his companion it be resolve that the sheriff  can break the defendant house by force of a become facias but he be a  trespasser by the break and yet the execution which he then do in the house be  good and it be say that the say book of e execute Yelv more Cr Elizabeth  before b b oh Benl a e be but a short note and not any case judicial adjudge  and it do not appear at who suit the case be intend but it be a observation or  collection as it seem of the reporter and if it be intend of a quo blow a show  b minus or other action in which the king be party or be to have benefit the  book be good law it be resolve that the house of any one be not a castle or  privilege but for himself and shall not extend to protect any Cr car c person  who fly to his house or the good of any other which be bring and convey into  his house to prevent a lawful execution and to escape the ordinary process of  law for the privilege of his house extend only to he and his family and to his  own proper good or to those which be lawful and without fraud and covin there  and therefore in such case after denial on request make the sheriff may break  the house Vid foster the sheriff find the door open may enter the house of a  stranger and be justify if the defendant good be in it but it be at his own  risk per Gibbs CJ cook v Birt taunt S C marsh so also where he enter in search  of the defendant it be at his own risk if the defendant be not there therefore  in trespass against he for break and enter the plaintiff house a plea aver  that he suspect and believe that the defendant be there without aver that the  defendant actual be in the house be bad Johnson v leigh taunt S C marsh but  when the principal reside in the house of a stranger the bail above may  justify the break and enter the house the outer door be open in order to seek  for he for the purpose of render he without aver that the principal be in the  house at the time for there be no difference between a house of which a man be  sole possess and a house in which he reside by the consent of another shear v  brook h black in all these case the outer door be open in order to justify the  break the outer door after denial on request make to take a person or good in  the house of a stranger it must be understand either that the person upon a  pursuit take refuge in the house of another foster or the good must be there  of fraud and covin to prevent the execution Vid text above I and that be prove  coke report b er p by the stat of west c Inst d by which it be declare that  the sheriff may break a house or castle to make replevin when the good of  another which he have distrain be by he convey to his house or castle to  prevent the owner to have a replevin of his good which Act be but a affirmance  of the commonlaw in such point but it appear there that before the sheriff in  such case break the house he ought to demand the good to be deliver to he for  the word of the statute be after that the cattle shall be solemnly demand by  the sheriff c it be resolve admit that the sheriff after denial make may have  break the house as the plaintiff counsel pretend he may then it follow that he  have not do his style e duty for it do not appear that he make any request to  open the door of the house also the defendant as this case be have do that  which he may well do by the law sure to shut the door of his own house last  the general allegation hard f prmisorum non ignorant be not sufficient in this  case where the notice of the premise be so material but in this case it ought  to have be certain and direct allege for without notice of the process of law  and of the come of the sheriff with the jury to execute it the shut of the  door of his own house be lawful and judgement be give against the plaintiff