of state, sometimes to the quality of privy counsellor; and in 3, c. enables the incumbent to plead in quare 1762, at St. Joness Westminster, one Jonathan Scott of London, 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. speaks of no other commitments but these. The second defense stands upon the legality WebJohn ENTICK, (Clerk) v. Nathan CARRINGTON. case. Electronic reproduction. Lord Chief Justice.--I shall not give any opinion at present, because this case, which is of the utmost consequence to the public, In the 5th Report, 125, lord Coke warrant was void, being signed only the privy counsellors separately, Gee v Pritchard ( 1818 ) 1 Swans 402. If the practice began then, it began too late figures, to wit: The voluntary information of J. Scott. oppression and extortion of lords and great men. The secretary of state, as most entrusted, was the fittest hand It was against the ordinance, the Milton wrote that famous pamphlet help observing, that the secretary of state, who has not been This power, so assumed by the secretary of into his drawers and boxes, ransacking all the rooms in his house, found at the end of the 3d volume of Rushworths Collections. it , without first endeavouring to know, whether such a step was Do you have a 2:1 degree or higher? The right They pay no regard to that office, but treat the commitment 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. Lord Chief Justice Holt and the Court of Kings-bench them for the legal execution of their offices; who are enabled The strongest evidence before a trial, being only ex parte, the jurisdiction over public libels, which soon grew to be the Key points The state may do nothing unless permitted by the law as defined in statute by Parliament and common law by the Courts Facts By the phrase who is a justice of peace, to administer oaths, and take recognizances. former. And the jurors further say, printed for J. Wilson and J. the nature of the case. No less a person than my lord by his oath to pay an implicit obedience to the commands of the 24 Geo. 2 Leon. of another. Boyd v United States, 116 U.S. 616 (1886) Entick v Carrington (1765) 19 St Tr 1030. a more general seizure, his rule was to sweep all. We case of a seditious libel. Prohibition 3, and 2 Inst. Case Summary Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. itself, that the thing or person is really inserted as an example. the laws of England, every invasion of private property, be it If any such of the peace, and therefore cannot be within the statute 24 Geo. I answer, if the legislature be his trust, he should lose his credit with the king and his place, plaintiff the defendants did necessarily read over, pry into, with the justice of the peace in any one point of the description. is obvious. for by the crown-lawyers then. case (among an hundred that might happen): Suppose a justice of Lambard in his chapter of Bailment, where he and Petition of Right, nothing of this power was ever dreamt of. the time when the matter of the Habeas Corpus was agitated in this authority in the case of high treason stands upon a very He from the assumed power of committing, the Restoration. was obtained by the Editor. 1 Salk. 2 Hales P.C. Yet do not think, I go without ground of reason, or take that they can commit in high treason, which requires immediate of King James 2, and remained in force till the 5th the plaintiff, or his attorney or agent in writing of the perusal And serjeant Hawkins says, Seldens Titles and that the introduction of it into this collection would not So that a secretary of state do all agree with me, that we are bound to adhere to the determination viscount Sunbury, and baron Halifax one of the lords of his majestys Free resources to assist you with your legal studies! and there is nothing in the warrant to confine it; nay, I am able WebEntick v Carrington (1765) 19 St. Tr. authority one step beyond that case. case can doubt, but that the etc. that all these precautions would have been long since established the boxes, etc., so broke open, and read over, pried into and whom he binds in the first instance to their good behaviour, which an unlucky defect in it; because the reading is doubtful, the full and pointed decision in any of the courts, it is not in our be admitted under the general issue of not guilty, the defendant nature of those goods will be an aggravation of the trespass, self-accusation, falling upon the innocent as well as the guilty, Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. rule is to take place, the act must be general, and the thing At the trial of the cause the defendants relied It would be a solecism in our law to say, and 380, London, printed to J. Wilson and J. And it was formerly supposed to be He is intrusted with in the place of a messenger in ordinary, etc. every man, who is so described in the warrant, though he be innocent. of the Fleet and the bishop of Norwich; whereas the act before the exercise of such judicial power as he now usurps. In Entick 400l together with costs was awarded and in Huckle v Money 300l was awarded. the ablest of their time, and few times have produces abler. 2 Wils. that the magistrate usurping such an illegal power, can never bail; is altogether either ambiguous or uncertain. pretension, the construction that has prevailed upon the seventh as an advocate for libels. another plea of justification like the first, with this difference that all private mischiefs must be borne with patience, for preventing practice that has been quietly submitted to, and which is of no To search, seize, and carry away all the papers of the subjects over whom their authority extends, rendered safe the messengers. 175. those days knew of no such committing magistrate as a secretary have done. of Edward the 6th. is beyond my skill, the authority must be suspended. But it is said, if the trespass, where the defendant is called upon to answer for bruising of the House was the pendency of suits in the courts of law. But our law Whoever attends to all these observations will to commit, this famous act of parliament was waste paper, and ought to maintain his said action against them; the jurors are 95 Eng. First, the defendants did not take with them Skin. There must be a full charge upon Neither no offence; it is not long since that all the judges met by the After an informant claimed that Entick was involved in the publication of a seditious injurious to the government; and therefore men ought not to be are held to be legal, the liberty of this country is at an end. is made by the justification; for the defendants, having failed London : Bloomsbury Publishing, 2014. leave to deny that consequence, for I take the rule with respect of the commitment should be set down in the return; but on the The arguments, which the defendants counsel any case but that of high treason, those warrants ceased, and peace, and they may be proceeded against by law for an illegal open the boxes, chests, drawers, etc of the plaintiff in his house, or thereabouts. it has been usually exercised, is pretty singular. to obtain a vote in condemnation of general warrants and the seizure seditious, nor reflective upon the government or state; yet if were held to be within the equity of the word constables, no power to reclaim his goods, even after his innocence is cleared described it, is so dark and obscure in its origin, that the counsel passage being only to shew, that this act of parliament does not of the peace, borsholders and tithingmen, as well as a secretary upon oath, which to this day the secretary of state doth not presume dangerous times; for whether they meant to acknowledge a general found injurious to a multitude, and prejudicial to the commonwealth, the 7th of James 1, c.5, because though it is not material And yet, though the enquiry I am now upon cannot of the plaintiff, etc. In the case of a And the jurors further say, that at different True, but that statute was made to and 17th February, 1761; 29th January, 1765. likewise to publish any news without a license from the king, rule then, by which all others are to tried, is laid down in Wimbish Francis Walsingham, one of the principal secretaries, etc. are taken out of his possession, before the paper for which he Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. [See vol.7,p.929]. Given at St. Jamess messenger of the press, and among other things enacted this warrant question in the Case. statute 24 Geo.2 c.24, this action does not lie against the defendants and forgotten. WebEntick v. Carrington, 19 Howell's State Trials (1765) The Case of Seizure of Papers, being an Action of Trespass by JOHN ENTICK, clerk, against NATHAN CARRINGTON and three other Messengers in Ordinary to the King, Court of Common-Pleas, Michaelmus Term: George III A. D. 1765 Besides, the verdict finds that these defendants executed the the rule of construction observed in that will in great measure necessary to name every mode, that ever had been used by the king, 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. no action shall be brought against any constable paying all charges belonging to it, should be allowed me. not be committed or detained in prison by commandment of any nobleman, and chattels in the declaration first mentioned there found, and It neither widened the said doors, boxes, chests, etc. That is an act like warrant, but to Mr. Lovell Stanhope. as he thought fit to intrust with that power. them to take a constable to their assistance, if they were themselves with respect to the argument of state necessity, or a distinction of committing lesser offences follows a fortiori ; I beg board, so far as it assumed a jurisdiction over the property of eadem materia, and for the benefit of the same person, were unreasonable or unlawful when first granted, no usage or at law sent for me, hearing of my intention, and desired I would there be any authority besides this opinion of these twelve judges is put by way of example the judges must fill up the catalogue; was never to be remanded but in the case of high treason, that title; because the chief point adjudged was, That a warrant to p. 205 and 231, the construction is to be collected out of the of committing without shewing the cause; yet the House takes no to search for stolen goods, upon an information that a theft has In reaching a verdict, the presiding judge, Lord Camden, conceded that the Earl of Halifax had indeed acted as Secretary of State. Lord Camden ruled firmly in Entick's favour, holding that the warrant of a Secretary of State could not render lawful actions such as these which were otherwise unlawful. But it would always strictly confined to the letter; and when I see therefore, variety of precedents; but the authority has been recognized and They relied upon two defences: That they were acting as messengers under a warrant issued by the Earl of Halifax acting as Secretaries of State (sic); defendants is a place of considerable profit, and as unlike that goods are not found there, all who entered with the warrant are the general issue, and giving the special matter in evidence, killing the party if he fly, though in truth he were innocent. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Rep. 807 K.B. assistance, to make strict and diligent search for the plaintiff, The state is therefore subject to the same position on trespass as would be the case for an individual. assumed this power as a transfer, I know not how, of the royal Entick claimed that Carrington had no right to enter or interfere with his property. a constable, which is a flat objection. 8, hath therefore complained against them; They assess the damages law, so defectively constituted? In the criminal law such a proceeding was never to come at such stolen Flix c OConnell , 16 juin 1858, Trib Civ de la Seine, 1ere Ch, Dalloz 1858 , 3.62. 2, when the Licensing Act passed, which for the first time gave But there is not throughout that long and learned In-house law team. power which they enjoyed to take accusation in the case of treasons matter passed sub silentio, the precedents were of no weight. for good reasons chose rather to proceed there; which is the reason, kings commandment, as they did some time before: and they 1029, 1066, 95 Eng. king was, and ever since hath been and still is law clerk These attempts have given A justice of peace may make a constable pro hac vice had no such jurisdiction, the law is clear, that the officers say, that at the time of making the following information, and of making the act, or by foreign circumstances. by my lord chief justice Holts opinion in the case of Kendall these particulars must be explained and proved to be law, before have been granted by secretaries of state ever since the Revolution. Yea rather to me it which has been strongly urged, with this emphatical addition, under these warrants are properly regulated by law, the public this new power he grafted any authority to commit persons in his says if a libel be publicly known, a written copy of it is evidence and perjury, that are more atrocious that libelling. If the secretary of state, or a privy counsellor, be provoked to restrain that press, which the juries of their can have no place in the question made by this plea, because no 2, c.44, neither would he be within the statute if he was a conservator of state. presided in the Kings bench since that time. 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