Entick v Carrington

Facts

On 11 November 1762, the King's Chief Messenger, Nathan Carrington, and three other King's messengers, James Watson, Thomas Ardran, and Robert Blackmore, broke into the home of the Grub Street writer John Entick (c. 1703 – 1773) in the parish of St Dunstan, Stepney "with force and arms". Over the course of four hours, they broke open locks and doors and searched all of the rooms before taking away 100 charts and 100 pamphlets, causing £2,000 of damage (). The King's messengers were acting on the orders of Lord Halifax, newly appointed Secretary of State for the Northern Department, "to make strict and diligent search for ... the author, or one concerned in the writing of several weekly very seditious papers entitled, The Monitor, or British Freeholder".

Entick sued the messengers for trespassing on his land.

Judgment

The trial took place in Westminster Hall presided over by Lord Camden, the Chief Justice of the Common Pleas. Carrington and his colleagues claimed that they acted on Halifax's warrant, which gave them legal authority to search Entick's home; they therefore could not be liable for the tort. However, Camden held that Halifax had no right under statute or under precedent to issue such a warrant and therefore found in Entick's favour. In the most famous passage Camden stated:

Hence Lord Camden ruled, as later became viewed as a general principle, that the state may do nothing but that which is expressly authorised by law, while the individual may do anything but that which is forbidden by law.

Significance

The judgment established the limits of executive power in English law: the state may act lawfully only in a manner prescribed by statute or common law.

It was also part of the background to the Fourth Amendment to the United States Constitution and was described by the Supreme Court of the United States as "a 'great judgment', 'one of the landmarks of English liberty', 'one of the permanent monuments of the British Constitution', and a guide to an understanding of what the Framers meant in writing the Fourth Amendment".

Notes

References

References

1. {{cite BAILII. (1765). ER]] 807
2. 19 St. Tr. 1029, 1006
3. 2 Wils. 275, 291; 95 E. R. 807, 817.
4. This is an obvious reference to [[John Locke]], ''[[Two Treatises of Government]]'' (1689) Ch XI, §§134–135
5. "Entick v. Carrington". Constitution Society.
6. The judgment was later applied in {{cite AustLII. HCA. 67. 1984. parallelcite-(1984) 156 [[Commonwealth Law Reports. CLR]] 532
7. Kilman, Johnny and George Costello (Eds). (2006). "The Constitution of the United States of America: Analysis and Interpretation". GPO.
8. ''[[Boyd v. United States]]'' 116 U.S. 616, 626 (1886)