a man's house is his castle law
During the discourse, it occurred to me that I ran more on fable and folk wisdom than actual knowledge of the particular Manitoban rights and responsibilities ‘in the event’. Like the ' The principle was exported to the United States where, not unnaturally, the 'Englishman' was removed from the phrase. For what it is worth I personally support the idea that retreat should be the first line of defense in all cases. I personally feel we should have the right to defend our persons and our property without fear of jail time.This should be an absolute right in Canada. Use whatever force is necessary to stop the home invasion, once the threat is identified, and that’s where it should end. Cut the liars (lawyers) out of the defence equation, and our crime rate would drop dramatically.The 2nd Amendment of the US Constitution reflects the many attempts of the King’s troops to take over colonial armories, and the need to have an armed citizenry. William Pitt the Elder, one time Prime Minister of England said in 1763: The poorest man may in his cottage bid defiance to all the forces of the Crown. I am so very thankful that the intruders left our house before we encountered them. 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. "Judged against the standards of his time, Mulcaster was an enlightened educationalist. 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. 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. ‘That the house of everyone is to him as his castle and fortress’ said Sir Edward Coke in Seyman’s Case, (1603) 77 Eng. If it means a dead criminal than so be it. The honus should be on the homeowner to identify the threat before using deadly force, which should be allowed and expected. His own experience in castles wasn't that happy either - he was imprisoned for theft in 1555 in the Tower of London and probably tortured into a confession.
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. States with weak castle laws require that the homeowner retreat as opposed to using force, if retreat is feasible. Your call for action is a good call.
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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. Section 40 states:Many American states have taken a different approach. 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.
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