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ORIGINS The American interpretation of this doctrine is largely derived from the English Common Law as it stood in the 1700's. In Book 4, Chapter 16 of William Blackstone 's Commentaries On The Laws Of England , he says: "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?' For this reason no doors can in general be broken open to execute any civil process; though, in criminal causes, the public safety supersedes the private. Hence also in part arises the animadversion of the law upon eaves-droppers, nusancers, and incendiaries: and to this principal it must be assigned, that a man may assemble people together lawfully without danger of raising a riot, rout, or unlawful assembly, in order to protect and defend his house; which he is not permitted to do in any other case." EXTERNAL LINK Book 4, Chapter 16 of Blackstone's Commentaries at The Avalon Project at Yale Law School |
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