Entick v. Carrington (1765) 19 Howell's State Trials 1030 is a leading case in English law establishing the civil liberties of individuals and limiting the scope of executive power.

Facts

On November 11, 1762, Nathan Carrington, James Watson, Thomas Ardran, and Robert Blackmore broke into the home of John Entick in the parish of St Dunstan's, Stepney with force and arms and seized his private papers. They were acting on the orders of newly appointed Secretary of State for the Northern Department George Montague-Dunk, 2nd Earl of Halifax, to search Entick's home and secure evidence of sedition.

The government were particularly exercised by issue No 45 of the North Briton. The paper's editor and principal contributor was John Wilkes who used it as an organ to ridicule the administration of John Stuart, 3rd Earl of Bute. More than 40 people were arrested over its publication.

Entick sought judgment against Carrington and his colleagues who argued that they acted upon Halifax's warrant.

Judgment

The trial took place in Westminster Hall presided over by Chief Justice of the Common Pleas Charles Pratt, 1st Earl Camden. Camden held that Halifax had no right under statute or under precedent to issue such a warrant.

Consequences

The judgment established the limits of executive power in English law, that an officer of the state could only act lawfully in a manner prescribed by statute or common law.

External links

• Howell's law report (http://www.constitution.org/trials/entick/entick_v_carrington.htm)