House

House, in point of law, is an Englishman's castle, though not a Scotchman's. In other words, when a man shuts himself up in his own house no bailiff can break open the door to arrest him, or seize his goods for debt, in England, and no court can give such power, except in the case of a writ of attachment for contempt of court or a writ of habere facias possessionem (the writ by which a judgment for the recovery of land is commonly enforced). In Scotland leave can be got from the court, often called on that account the king's or queen's keys, to enable the messenger to break open the outer door and arrest. In England, though it is not competent for the bailiff to break open the outer door by force, yet every trick or stratagem is fair in order to effect a peaceable entry, and once in he cannot be turned out. Where the party is charged with a criminal offence a constable armed with a warrant, or in some cases without, is entitled to break into the house and arrest him, both in England and Scotland. A man is entitled also to defend his house against trespassers and thieves, using no greater force than is necessary; and if necessary in that sense, he may even kill the intruder, though very strong circumstances are required to justify this. He may also put spring-guns on the premises : but by doing so he may render himself liable to an action if any person lawfully entering the premises should be injured. In Scotland a peculiar name is given to the offence of feloniously assaulting a man in his own house, called Hamesneken (q.v.), a name also used in the old law of England ; and all offences committed in another person's house are generally punished more severely than those not committed in a house at all. See also EVICTION.