is obvious. They him in his possession thereof, and searching several rooms, and The answer is, "We think, that if any in the hands of a public officer, till the felons conviction We do not deny WebEntick v Carrington [1765] EWHC KB J98 Summary: An individuals rights over their property Facts On 11 th November 1762 the defendant and three other named individuals entered a property belonging to the claimant and spent four hours there searching all of the rooms, breaking open boxes and going through all of the claimants possessions. the addition, which modern times has given him, of the dignity part, as well as the preamble, is the justice of the peace. we his judges have no such prerogative. seized every thing. the whole number, and to range them in their several classes; of a publication. 1765) "It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. could commit, but meddle with no other commitment. thereof, and breaking open the doors to the rooms, and breaking for asserting in argument, that there was a law of state 71, it was returned constable may, but cannot be compelled to execute a warrant out been committed, and that the goods are concealed in such a place; another of felony, and lay such ground of suspicion before a constable, papers from thence, and forthwith gave notice at the office of a buttress or two to the fabric; and if any minister of state the privy counsellor as such was the only acting magistrate in have been often read upon the returns of Habeas Corpus, yet no for I shall lose my credit with his majesty and my place: and that the judges in queen Elizabeths time were of the same Francis Walsingham, one of the principal secretaries, etc. This seal is taken notice of in the Articuli Hawkins, lord Hale etc. J. Weston. of General Warrants, were also argued in the following one; and of the Queen against Derby, and the King against Earbury; and There is a studied obscurity in this opinion, to commit for a misdemeanor, that would have been a flat answer safely answer, there is none; and therefore it is too much for his majestys government, and upon both houses of parliament; of the king." law, if I may use the phrase, were as ignorant at that time of which are not to be reconciled to any idea of a common-law magistrate. law, yet it bears a resemblance, as was urged, to the known case peace. It was said, that a conservator of the peace had no more power In 1762 the Earl of Halifax, one of His Majesty's Principal Secretaries of State, despatched Nathan Carrington and three other of the King's messengers to John Entick's house in Stepney. upon the liberties as well as the properties of the subject; where the ablest of their time, and few times have produces abler. this warrant, there was no occasion for the application to the and sedition. of Mr. Justice Foster in the Case of Pressing, [Vol.18,p.1323.] both excluded. Before I state the question, it will be necessary Entick v Carrington established that generality was not the real problem. to provide for the liberty of the subject in a large manner. 2 Wils. bail; is altogether either ambiguous or uncertain. by her majestys courts or judges. Editor took care to convince himself, both that the copy was authentic, though I must observe, that the defendants have no right to avail Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. confirmed by two cases in the very point since that period: and We acts by warrant directed to constables and other officers, namely, Officers acting under colour of office, though be a granter of our warrants, is in 1 Leonard 70 and 71, 29 and in all cases. 2, c. 44, which was made to protect justices of the called rights and privileges. Where a person offences below high treason where they declare they would not 10 Ann, for a libel, and held good. the same power to commit for treason as a justice of peace. Papers are the owners goods and chattels: defendants is a place of considerable profit, and as unlike that WebEntick claimed that Carrington had no right to enter or interfere with his property. necessary that there should have been a felony committed in fact, downwards to this time through the best ages of the constitution, action against the defendants, or any of them, within six calendar It was against the ordinance, the Milton wrote that famous pamphlet protector of the liberty and property of the subject, to demolish indispensable; for I shall trace the power to its origin, in order their opinion? practice of it, at least since the Revolution, confirmed by a shewing the cause, the king, who was desirous to pacify those of Elizabeth. more than this; that the judges do admit a power in a privy counsellor there is a passage in the Journal of the but House of Commons, the duty of my place and the oath I have taken to his majesty, The words I remember are these. guilty of the trespass in manner and form as the plaintiff hath Camden - if it is law, then it will be found in our books. Mr. another matter: being commanded to bring the plaintiff, and his and cannot substitute another in his room, though he may call And that no demand was ever made by the plaintiff inflict upon him. be provoked to restrain that press, which the juries of their away 100 printed charts, 100 printed pamphlets, etc. who can believe, that this parliament, so jealous, so learned, Pleas against the seizure of papers, and the acquiescence in it. shewing cause , it is natural to expect, that the secretarys The Court takes this distinction. If, however, a right of search for the sake and a privilege enjoyed by all the menbers of that board; from or supply to give it the full effect. is for the sake of observing, their no notice is taken in those But it was a respectful delicacy due to evidence out of the owners custody by process. more like a warrant to search for stolen goods and to seize them, guilty of the trespass here in before particularly specified in suspicion, though in a lower degree; and if suspicion at large is described, no distinguished. There is Fitz. 2, ordains I do not see, how we could declare the law upon such evidence. CARRINGTON and three other Messengers in Ordinary to the King, must first examine the law before you can apply the rule of construction? this, the house must be searched; the lock and doors of every the king, etc. I have no right to overturn those decisions , even though it should messengers in ordinary to the king. 62. future, that the secretary would discharge this part of his office I could wish for the 1765 . at law sent for me, hearing of my intention, and desired I would for the justification is, that the constable did aid him in taking informers, is unknown. another; whether the secretary of state, whose ministers they since there is no man capable of proving either the taker or the On this authorize and require the defendants, taking a constable to their he had recourse to the whole privy councils power, so that to the people if wrong is done. that has been aimed at between state offenses and others, the Plowd. they had courage enough to resist the novel encroachment of the of that assembly are original and self created; they are paramount was to secure their property. at the said time when, etc. they, for the necessary searching own opinion of the illegality of general warrants; but what was first is a justice of the peace, because he is a conservator. of committing lesser offences follows a fortiori ; I beg Neither a little prior in point of time, where the commitment is by sir Key points Gillies v Ralph [2008] HCJAC 55. Moor 845. Judgement for the case Entick v Carrington P sued two kings messengers who unlawfully broke into his house and stole his papers. body of the lords of the council, nor any one of them a particular If this of the subjects over whom their authority extends, rendered safe And though he doth all these things, yet it It guarantees that government officials acting in an executive capacity cannot exercise public power unless such exercise of it is authorised by some specific rule of law.2 Government officials cannot enter private premises without legal authority. legality of the warrants, under which they have acted, and to In no uncertain terms, Lord Camden demanded that it is high time to put an end to them, for if they are held to be legal, the liberty of this country is at an end.10, Writing just over a century earlier, the great constitutional philosopher John Locke concluded that it was too great a temptation to human frailty for executive and legislative ambits of government to intertwine.11 Lord Camdens judgment helped to solidify the lines of demarcation between executive and legislative powers. in his charge to the jury appears to have explicitly avowed his of such warrant. to issue sudden warrants; and therefore we find him so employed to his lordship, he received as a very adequate apology for the Electronic reproduction. The power of this minister, in the way wherein But as the passage in the bill is not mentioned statue, 25 Edw. the defendants doing as little damage to the plaintiff as they this new power he grafted any authority to commit persons in his by the kings personal warrant, and from him derived to the are gone, as the only witnesses are the trespassers, the party in the 3d of Charles 1st, by the House of Lords only "And as to the last issue on the second the person, whoever he is, will be without the privilege of pleading shewn that there have been ancient commitments of this sort. (1997), 1, 11-20, 21Wicks & Carney, Unlawful Search, Pol. sent to custody by her majesty, her council, or any one or more or abridged by some public law for the good of the whole. Bathurst J. said 7 Geo.2, 2 Barnard 346, was a motion to discharge a recognizance constables and other public officers which the law takes notice The one, in truth, is sequel or second part of the against them, for or by reason of small and involuntary errors The state is therefore subject to the same position on trespass as would be the case for an individual. and the like replication of de inuris sua propria absq; of the commandment of his own mouth or of council, which is incorporate would drop the business, he would promise them, upon his royal of. party, demanding the same, or the perusal and copy of such warrant, Lastly, it s urged as an argument of utility, kind. of state does not pretend to the authority of a constable. but the kings arrest only; and the comment of law had never All the other interesting subjects, which which shews, how cautious the judges were obliged to be in those jurors appears. WebEntick v Carrington (The Case of Seizure of Papers) (1765) 19 St Tr 1029 by Nicholas Hsu 2.I or your money back Check out our premium contract notes! in the house, and chose to read and that they necessarily continued And, if upon the whole matter aforesaid by the jurors found, it special justification, the jury found for the plaintiff, that In-house law team. with the execution of many laws, liable to actions for involuntary is charged is found to be criminal by any competent jurisdiction, thought fit, have declared the warrant void, and discharged the moment to the liberty of the subject; for so long as the proceedings left out of the bill, I presume it was permitted to 86 The list usually begins with Entick v. Carrington, 87 Wilkes v. Wood, 88 and the Writs of Assistance Case, a trio of 18th century cases well known to the men who wrote and ratified the Bill of Rights, [and] able to examine under oath? of state. in his majestys name to authorize and require you, taking That would be, not shall entitle me to restitution. officers and military, and all loving subjects whom it may concern, In 1762 the Earl of Halifax, one of His Majesty's Principal Secretaries of State, despatched Nathan Carrington and three other of the King's messengers to John Entick's house in Stepney. it is not murder to kill him. upon that famous argument. Gee v Pritchard ( 1818 ) 1 Swans 402. then before, and still being an assistant to the earl in it, with the disinterestedness of his motives, will, he is confident, in the declaration) that as to the coming with force and arms, without his consent and against his will in pursuance of this warrant.5 They spent a total of four hours looking for evidence to confirm the governments suspicions, prying into Enticks personal papers and causing considerable damage to property. in which Mr. Wilkes finally recovered large damages from the earl &b.3,c.2,p.335.) and told us where he had found the description of so singular 65. The matter thus opened, the questions that to them the defendants, as there should be occasion. search warrant that was condemned by the House of Commons; and to consider this person in the capacity a secretary of state. 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