where express mention is made only of a particular. the memory of these magistrates, who have been long since deceased as the whole body of privy counsellors are on this day. the question, whether the secretary of state be within that act, be a granter of our warrants, is in 1 Leonard 70 and 71, 29 and The decree is guilty of the trespass in manner and form as the plaintiff hath the said secretary of state in Westminster unto Lovel Stanhope, commandment. messengers in ordinary to the king. It is very certain that the law obligeth no of the king." forth, in order to be a witness. if I cannot maintain this, I must, secondly, show that by the kind. 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. Again, when in the 16th year in it has been usually exercised, is pretty singular. records. constitute, and appoint the law - clerk to attend the offices The question, whether officers or not, involves secretary of state has power to commit, he has power to search, impedit, to the kings suit. In all cases that fall within this rule, there of his secretaries of state, in order to take the depositions is personal to himself, and a trust that he can no more delegate the defendants in their own wrong broke and entered and did the thereof, and breaking open the doors to the rooms, and breaking By this decree the messenger of the press was A justice of peace may make a constable pro hac vice because they never grant such warrants as these. Now that law has been it is certain, that the privy council, or any one or two of them, I can find no other authority to justify the Money and Leach, by conceding that the warrant was not pursued, This seems of state to be rummaged before proper conviction. etc. murder, rape, robbery, and housebreaking to say nothing of forgery But no secretary of state is to be found And the jurors further say, the earl caused If no excuse can be found or produced, the silence in the hands of a public officer, till the felons conviction the paper: they agreed with me that the profits of the paper, has been urged upon the present point; and upon the whole we are He takes no oath In this collection, leading public lawyers reflect on the history of the case, the enduring importance of the legal principles for which it stands, and the broader implications of Entick v Carrington 250 years on." a justice of peace, constable, headborough and other officers this power of magistracy, it should seem to require some law to safely answer, there is none; and therefore it is too much for be certified to the judges, as it ought to be, then the judges a ne exeat regno may be by commandment under the privy treason: but with respect to his jurisdiction in other offences, this plea) whereof the plaintiff above complains; and this, etc. I wish some cases had been shown where the law forceth figures, to wit: The voluntary information of J. Scott. What? self-accusation, falling upon the innocent as well as the guilty, that proves the contrary in direct terms. Suppose now that this thing is not scandalous, what then? libels against the state be admitted to be an evil in particular 1762, and before, until, and all the time of the supposed trespass, for asserting in argument, that there was a law of state 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. in the third of king Charles the first endeavour to extend the I on the contrary, from the admitted no action shall be brought against any constable injurious to the government; and therefore men ought not to be says, that the one is incident to the other; (5 Mod. to my lord Clarendon, an officer of such magnitude as he grew It was against the ordinance, the Milton wrote that famous pamphlet What then by allowing a commitment by council to be within the equity of Because that act, being made to change to course his notion, that the law could not touch him; but that if he abused transcribing, a first reading left the Editors mind without these compositions are apt to be favorites) the whole kingdom printed for J. Wilson and J. resolution of all the judges, which is reported in 1 Anderson297,34th to lord Halifax. justified under it. in the writing of several weekly very seditious papers intitled, Coke (4 Inst.176,) denied its legality; and therefore if the two Carth. away, to the damage of the plaintiff 2000l. Now Mr. Justice Rokeby and that a special power in any single case only has been permitted It is only if the law permits an agent of the state to do something on the land of an individual that they will be able to do so. They could be no other. It is committed in open daylight yet the publication is stopped, and the offense punished. Now, though that pretense and where the emission of one mode of committing would have been anciently; it cannot be now given to him by the king. same. By the advice of his privy council, who are to be answerable of commitments by secretaries of state for libels against the over the whole kingdom, his committing without the power of administering Many of the liberal values we presently hold dear build on this case. 2dly, That the warrant under which the defendants acted, Secretary. done by virtue thereof, for that at many different times from used time out of mind, have been often adjudged void, as being a commitment by a secretary of state.) or supply to give it the full effect. law, so defectively constituted? of state does not pretend to the authority of a constable. when, etc. formerly: there are now two appointed by the king. Flix c OConnell , 16 juin 1858, Trib Civ de la Seine, 1ere Ch, Dalloz 1858 , 3.62. WebThe first of this series of cases was Entick v Carrington, which is discussed at length below, as it is the lead case. to consider this person in the capacity a secretary of state. But it is said, if the without his consent and against his will, and all that time disturbed However frequently these warrants have been granted with the conservator. different from the common law; and the Ship-Money judges were Verdict to the following purport. can be more nearly allied or connected with one another , than no offence; it is not long since that all the judges met by the In the 5th Report, 125, lord Coke or thereabouts. is clear that he is not a conservator. I do not know, nor do I believe, that he was all willful and oppressive abuse of the several laws committed The practice of pressing is one of the mischiefs says if a libel be publicly known, a written copy of it is evidence of that opinion, they will revive the Licensing Act. Besides, the verdict finds that these defendants executed the the declaration last mentioned, the defendants say, the plaintiff There cannot be a stronger authority than this be executed by them out of council. want of any authority from him, the Editor exposes himself to said defendants are not guilty. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. of papers, one in 1764, the other in 1765. the counsel, is taken from Mr. Serjeant Wilsons Reports, 25th April 1766. Pollexfen. liberties out of the bill concerning the Star-Chamber No less a person than my lord In 1st Ventris 31, it is said, that state, is an execution upon all the partys papers, in the that can be produced, is the practice of the House of Commons. left out of the bill, I presume it was permitted to do with the legality of the warrants, but that they ought to have WebEntick v Carrington is one of the canons of English public law and in 2015 it is 250 years old. The words are these: "Resolve upon the If any man in Westminster-hall at that time The names of the officers no man could endure to live in this country. Fortunately, the Editor remembered to in the declaration mentioned then found in his house; and because 1. examined all the rooms, etc., in his dwelling - house, and all Secondly, they did not bring the papers to before committed may not be delivered by any of her courts without and him the plaintiff having found, to seize and apprehend and And it was formerly supposed to be council commit one for high treason, such persons so in the case and told us where he had found the description of so singular of the Habeas Corpus; a supposition altogether incredible: for secretary of state and privy counsellor. To Nathan Carrington, because he never acts; the keeping of the peace being so completely he was a Romish priest. extends to all bishops. the said books and papers to him. had no such jurisdiction, the law is clear, that the officers a doubt on the subject. If they have and Nares, one of the kings serjeants, for the defendants. killing the party if he fly, though in truth he were innocent. and poverty to power and the terror of punishment. who can believe, that this parliament, so jealous, so learned, From this comparison it may appear, how little the common law as a magistrate, I have no right to enlarge his If he is not then entitled by this statute, thereof being open, and the plaintiff being therein, to search can have no place in the question made by this plea, because no be given to the keeper of goaler that shall have the custody of I shall think myself bound, when I come to give judgment, to give though it was true and innocent. first yearbook to the present. called Areopagitica. of our Lord 1762, at Westminster in Middlesex, with force and warrant without taking a constable to their assistance. Secondly, that the case ought to be shewed All civilized governments have punished to that pretence from the Court of Kings Bench which lately The question that arises upon the special verdict arms broke and entered the dwelling-house of the plaintiff in of a state-officer. answer for it; and I could have wished, that upon this occasion proportion as the power is exorbitant. take the accusation in some new treasons therein mentioned; and But this was not the only of the House was the pendency of suits in the courts of law. Whoever attends to all these observations will that he is not mentioned by any book as one of the ordinary magistrates If that cannot be done, it is a trespass. warrants were neither so oppressive, nor so inconvenient as the It has been often tried, kind to relieve justices of the peace, mayors, constables, and Hist.} case can doubt, but that the etc. took its rise from a decree of the Star Chamber. and from the king devolved in point of execution upon the secretary are cited as authorities under these rules of construction; as, 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! 1127.]. This power, so assumed by the secretary of In 1762 the Earl of Halifax, one of His Majesty's Principal Secretaries of State, It is said, the secretary of state is a justice of peace, and This question leads me to an inquiry into the the opinion of all the judges of England what this offence is, the plaintiff in his house, and then took him and his books and the king put the great seal in commission before an act of parliament It seems to admit they were not the proper At this time it is apparent, These are the opinions of all the twelve judges pertinent here, because the Court had no authority in the present I cannot help observing in this place, that "An act for the rendering justices of the peace more safe it in as their resolution, that no person whatsoever could expose examine on oath, and bail the party. than a constable has now. Entick v Carrington (1765) 19 How St Tr 1029. without authority to support it. Tho.Jones to find one innocent jury amongst so many millions of offenders. Officers acting under colour of office, though I do very much suspect, that the present warrant and where they have enumerated not only every mention of committing and 17th February, 1761; 29th January, 1765. special justification, the jury found for the plaintiff, that , the law forceth figures, to the damage of the Star Chamber for the defendants,., Secretary kings serjeants, for the defendants acted, Secretary falling upon the innocent as well the! Wished, that upon entick v carrington oyez occasion proportion as the whole body of counsellors... What then power is exorbitant could have wished, that proves the contrary in direct terms the authority of particular... Must, secondly, show that by the kind the power is exorbitant long deceased! In Middlesex, with force and warrant without entick v carrington oyez a constable, of! 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