An Englishman’s home is no longer his castle

Philip Johnston
London Telegraph
Tuesday, Jan 13, 2008

Before Christmas, a family friend had a visit from the bailiffs. For various complicated personal reasons, the local authority thought she had not paid a council tax bill. She had, only they had not registered it properly under the correct name. When the bailiff arrived at her home, she was out and her son answered the door. He walked in without a by-your-leave and proceeded to make an inventory of her possessions before departing.

As can be imagined, she was horrified by this violation of her family’s privacy. The local council, on checking its records, acknowledged its mistake and apologised. And that was that. Since a complete stranger had entered her home for no good reason, does that not constitute an affront, even if the door was opened by someone in the house? After all, an Englishman’s home is his castle, isn’t it? Apparently not. The powers of bailiffs to enter homes and seize property are wider today than they have ever been and are about to be strengthened further.

We will be hearing a lot more of the bailiff in coming months. About 75,000 homes will be repossessed this year and hundreds of thousands of people will face action for unpaid debts. Local authorities are also using bailiffs to pursue council tax defaulters, with more than a million visits last year. If you want a job, here is one that will last while all around are losing theirs.

(Article continues below)

Inevitably, it preys upon the misery of others; but someone has to do it. The issue, really, is how they do it and in what circumstances. Anyone who watched Little Doritt on television recently will know of Dickens’s obsession with bailiffs that derived from the indebtedness of his father. But even the most rapacious bailiff in one of his novels did not have the power of his modern counterpart. Neckett in Bleak House had to be invited in to serve his warrant for debt on Skimpole. This is because, for centuries, bailiffs were unable forcibly to enter a home under a common law right of citizens established in around 1300 and reaffirmed on many occasions by the courts, as in the Semayne’s judgment in 1604 from which the “Englishman’s castle” concept derives, and by successive governments throughout history.

In 1760, William Pitt (the Elder) made a famous declaration of this right. “The poorest man may in his cottage bid defiance to all the force of the Crown. It may be frail, its roof may shake, the wind may blow through it. The rain may enter. The storms may enter. But the king of England may not enter. All his forces dare not cross the threshold of the ruined tenement.”

This right to refuse forced entry held for centuries until the Labour government, with its cavalier disregard for personal privacy, came along. In 2004, it introduced the Domestic Violence, Crime and Victims Bill, which contained a power to force entry in connection with unpaid fines imposed for criminal offences. This was a significant departure from the common law that merited a wide debate; yet it was included in a measure that, on the face of it, had nothing to do with bailiffs. The Government maintains that it was fully considered by Parliament; but it depends what you mean by fully. The Bill was in its final day in committee when ministers tabled “urgent” new proposals to show they were “getting tough” with fine dodgers.

Full article here

Prison Planet.tv Members Can Watch Fall Of The Republic Right Now Online - Don't Miss Out! Get Your Subscription Today!

CANCER CONSPIRACY? Are "they" suppressing the cure? Will YOU be the next victim? Learn the Secret Truth! - READ FULL STORY

Comment Terms Of Use

10 Responses to “An Englishman’s home is no longer his castle”

expatbrit Says:
January 13th, 2009 at 6:25 am
Forget England – alas it is no more. The great EU Soviet requires the complete destruction of the once proud british people in order to succeed. The UK has been under attack on every conceivable front for so long. The latent facists within the population are now playing their parts – so well!
senator craig Says:
January 13th, 2009 at 7:08 am
Britain may be finished off by the fascist, but, since guns are outlawed, then good ole’ golf clubs can NEED TO be used on traitor/fascist/pig politicians skull crackers and let soccer hooligans go to town on politicos. israel is the whore of babylon blogspot
Jay Says:
January 13th, 2009 at 7:13 am
This Labour Government has forgotten that it has been elected for and by the people. In supporting the NWO, the money markets and illegitimate American wars, it has became an enemy of the people.
Rob in CT Says:
January 13th, 2009 at 11:49 am
In this case since the bailiff was “let” in, I’m not sure how far you would get in court. He should have never opened the door.

What if it was someone who dressed like a bailiff but was really a housebreaker? How would you know? What this bailiff did was extremely dangerous too.
GWScam Says:
January 13th, 2009 at 11:56 am
It takes a good TWO YEARS before ‘non-payment’ cases reach the ‘commitment’ point. Take notice…. and take ‘non-payment’ action NOW. There’s millions doing this. The system can break… but only if you do YOUR part. (The ‘Freeman’ movement is a help in this sort of field… but not essential. STOP paying EVERYTHING. It’s EASY to start again. It’s EASY to live without corrupt governments. Nobody has anything to fear. We just jave to get rid of the criminal scum at the top… a handful. STOP working and paying these bastards. Take an easy route now or regret it forever!
UncleSam Says:
January 13th, 2009 at 3:23 pm
I have been following this story for some time. I usually do not comment on such issues as social injustice is not my forte.

I will say this: I am an American; Any man, regardless of order or writ, comes to my house and attempts to enter forcibly for any other reason than to arrest me in accordance with the rule of Law, will die within sight of me.

I shit you not.
Keith Pantaleon Says:
January 13th, 2009 at 5:48 pm
It can be again, how you ask ?

https://www.frontsight.com/free-gun.asp

Charles Reply:
January 13th, 2009 at 8:47 pm
Free should be free… the site cost 1200 dollars…
Granted you get a gun, and gun training… but, eh I picked up an AK-47, a 9mm and a .380 for less, with 1,000 rounds of ammo, for less than 1200.
patrick fields Says:
January 14th, 2009 at 4:42 am
North of the border from England, in Alba, we do not have the Baliff operation.
Tom Collins Says:
February 27th, 2009 at 6:39 am
The UK has truly entered the Stasi/Gestapo era by allowing private bailiff firms to “break and enter” the homes of private citizens.

So, an Englishman’s home is NOT now, his castle ?

We fought 2 world wars to “be free” and this gang of marxists or fascists, are destroying the country, the culture, the freedoms and lots more.

They should all be locked up in The Tower !