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William Murray, 1st Earl of Mansfield

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The Right Honourable
The Earl of Mansfield
PC
Portrait of Mansfield byJean-Baptiste van Loo
Lord Chief Justice of the King's Bench
In office
8 November 1756 – 4 June 1788
Prime MinisterThe Duke of Newcastle
Preceded bySir Dudley Ryder
Succeeded byLord Kenyon
Lord Speaker
In office
February 1783 – 23 December 1783
Prime MinisterThe Duke of Portland
Preceded byThe Lord ThurlowasLord Chancellor
Succeeded byThe Lord ThurlowasLord Chancellor
Chancellor of the Exchequer
In office
5 April 1757 – 8 April 1757
Prime MinisterThe Duke of Newcastle
Preceded byHenry Bilson Legge
Succeeded byHenry Bilson Legge
Attorney General for England and Wales
In office
6 March 1754 – 8 November 1756
Prime MinisterThe Duke of Newcastle
Preceded bySir Dudley Ryder
Succeeded bySir Robert Henley
Solicitor General for England and Wales
In office
15 December 1742 – 6 March 1754
Prime MinisterThe Earl of Wilmington
Preceded bySir John Strange
Succeeded bySir Richard Lloyd
Personal details
Born(1705-03-02)2 March 1705
Scone Palace,Perthshire
Died20 March 1793(1793-03-20)(aged 88)
Kenwood House,London
Resting placeWestminster Abbey
SpouseElizabeth Finch
Parent(s)David Murray, 5th Viscount of Stormont
Margaret Murray
ResidenceKenwood House
Alma materChrist Church, Oxford

William Murray, 1st Earl of Mansfield,PC(2 March 1705 – 20 March 1793), was a British judge, politician, lawyer, and peer best known for his reforms toEnglish law.Born inScone Palace,Perthshire,to a family ofScottish nobility,he was educated inPerthbefore moving toLondonat the age of 13 to study atWestminster School.Accepted intoChrist Church, Oxford,in May 1723, Mansfield graduated four years later and returned to London, where he was he wascalled to the BarbyLincoln's Innin November 1730 and quickly gained a reputation as an excellentbarrister.

He became involved in British politics in 1742, beginning with his election to theHouse of Commonsas aMember of ParliamentforBoroughbridgeand appointment asSolicitor General.In the absence of a strongAttorney General,Mansfield became the main spokesman for the government in the House of Commons, where he was noted for his "great powers of eloquence" and was described as "beyond comparison the best speaker".[1]With the promotion ofSir Dudley RydertoLord Chief Justicein 1754, Mansfield became Attorney General and, when Ryder unexpectedly died several months later, he took his place as Chief Justice.

As the most powerful British jurist of the 18th century, Mansfield's decisions reflected theAge of Enlightenmentand moved the country onto the path toabolishing slavery.He advanced commercial law in ways that helped establish Britain as world leader in industry, finance, and trade; modernised both English law and England's courts; rationalised the system for submittingmotions,and reformed the way judgments were delivered to reduce expense for the parties. For his work inCarter v BoehmandPillans v Van Mierop,Mansfield has been called the founder of English commercial law.

Mansfield is also known for his judgment inSomerset v Stewartwhere he held thatslaveryhad no basis incommon lawand had never been established bypositive lawin England, and therefore was not binding in law.[2]Though the judgement did not explicitly outlaw slavery in either Britain orBritish colonies,it played an important role in the early stages of the British abolitionist movement and inspired challenges to slavery on both sides of the Atlantic.[3][4]

Early life and education

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Murray was born on 2 March 1705, atScone PalaceinPerthshire,Scotland,the fourth son of the5th Viscount of Stormontand his wife Margaret[5]as one of eleven children.[6][7]Both his parents were strong supporters of theJacobitecause,[8][9]and his older brotherJamesfollowed "The Old Pretender"into exile, this left the family's finance relatively impoverished.[10]The Jacobite sympathies of Murray's family were glossed over by contemporaries, who claimed that he had been educated atLichfield Grammar Schoolwith many other members of the English judiciary.[10]This was incorrect, as Murray was educated atPerth Grammar School,[7]where he was taughtLatin,English grammar, and essay writing skills.[8][11]He later said that this gave him a great advantage at university, as those students educated in England had been taught Greek and Latin but not how to write properly in English.[12]While at Perth Grammar School, it became apparent that Murray was particularly intelligent. In 1718, his father and older brother,James,decided to send him toWestminster Schoolas James knew the Dean,Francis Atterbury.[12]Thirteen year old Murray travelled alone with a pony given by his father, The distance from Perth to London was around 400 miles (640 km), and the journey took Murray 54 days.[13][2]Murray flourished at Westminster and was made aKing's Scholaron 21 May 1719.[13]

After an examination in May 1723, Murray was accepted intoChrist Church, Oxford,having scored higher in the examination than any other King's Scholar that year.[11][14]He was admitted as acommoneron 15 June 1723, andmatriculatedon 18 June. The records say that he came fromBathrather than Perth, as the person recording the names of the new students was unable to understand his Scottish accent.[14]His older brother, James, was anadvocatein Scotland (the Scottish equivalent of a barrister in England), and his family decided that a career as a barrister was best for Murray. The ScottishBarat the time was overcrowded, which made it difficult for a young barrister to build a reputation, yet qualifying for the English Bar was extremely expensive.[15]Thanks to the patronage ofThomas Foley, 1st Baron Foley,who gave Murray £200 a year to live on, Murray could afford to study at the bar, and he became a member ofLincoln's Innon 23 April 1724.[9][15]

AfterGeorge Idied on 11 June 1727, Murray entered and won a competition to write a Latin poem titled "The Death of the King".[16]His actions were seen as a show of support for theHouse of Hanoverand the politicalstatus quo,something odd considering the strongJacobitesympathies of his family.[16]He probably did this because, having no private income, he wished to secure patronage to help him advance politically.[16]Another entrant wasWilliam Pitt,who was a constant rival to Murray until Pitt's death in 1778.[17]There is very little information about Murray's time at Oxford. It is known that he studied ancient and modern history, became fluent in French, and gained a good understanding ofRoman Law.[18]He also became fluent in Latin, translatingCicero's works into English and then back into Latin.[17]He gained hisBachelor of Artsdegree in 1727, and travelled to London to train as a barrister.[18]

Family life

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Dido Belle(left) andLady Elizabeth Murray(right)

Murray married Lady Elizabeth Finch, youngest daughter ofDaniel Finch, 2nd Earl of Nottingham and 7th Earl of Winchilseaand Anne Hatton. They had no children of their own, but took care of their great niece,Lady Elizabeth Murray(born 1760), the daughter of Mansfield's nephew and heir,David Murray, 7th Viscount Stormont,after her mother died. When Mansfield's other nephew,Sir John Lindsay,returned to Britain in 1765 following theSeven Years' Warand his assignment in the West Indies, he brought his illegitimate daughter, Dido, whose mother, Maria Bell, was an enslaved woman of African descent. Dido was born into slavery in 1761.Dido Elizabeth Bellewas baptized November 1766 in London, 8 months after Lady Elizabeth's arrival. It has been hypothesized that Mansfield took Dido in to provide grieving Lady Elizabeth with a companion who would later be her personal attendant.[19]

Mansfield also helped mentor his nephew and heir,David Murray, 7th Viscount Stormont.Later, his nieces and unmarried sisters of Lord Stormont, Lady Anne and Lady Marjory Murray, would come to live at Kenwood to care for Lord and Lady Mansfield in their old age.[20]

At the English bar

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Murray's first contact when he moved to London was William Hamilton, a Scottish-born barrister who was said to be the first Scot to practise at the English Bar, and one of the few people who was qualified to act as a barrister in both England and Scotland.[21]Hamilton had been one of Murray's sponsors when he joined Lincoln's Inn in 1724 and, when Murray came to London, Hamilton helped find him a set ofbarristers' chambersat No. 1 Old Square.[21][22]There was no formal legal education at this time, and the only requirement for a person to becalled to the Barwas for him to have eaten five dinners a term at Lincoln's Inn, and to have read the first sentence of a paper prepared for him by the steward.[23]Thus, most of Murray's practical training came from reading the papers in Hamilton's chambers, and listening toLord Raymondspeak in court[23]along with tutoring byThomas Denisonon how to writespecial pleadings.[22]Murray also studied various texts, including the FrenchOrdinance de la Marine(a predecessor to theNapoleonic Commercial Code), the works ofBractonandLittleton,and "crabbed and uncouth compositions" onmunicipal law.[22]

Murray was called to the Bar on 23 November 1730, taking a set of chambers at 5 King's Bench Walk.[23]He was introduced toAlexander Popearound this time, and through his friendship met members of the aristocracy, some of whom later became his clients, includingSarah Churchill, Duchess of Marlborough.[23]Pope also taught himoratory,which helped him enormously in court.[23]His first two cases were in the English Court of Sessions in 1733, where he was led byCharles Talbotand opposed byPhilip Yorke.[24]The support of Talbot and Yorke allowed him to gain a respectable practice in theCourt of Chancery.[24]

Murray used his first professional earnings to purchase a china and silver-plate tea set for his kind sister in-law, Lady Stormont (mother of his nephewDavid Murray, 7th Viscount Stormont). Lady Stormont may have provided Murray with some financial support while he was a law student, on top of sending him food packages, including his favorite Scottish marmalade, when he was a young lawyer.[2]

The 1707Acts of Unionhad merged theKingdom of EnglandandKingdom of Scotlandinto one national entity, but they retained separate legal systems. However, theHouse of Lordsbecame the highest court of appeal in both English and Scottish law and, as a result, from 1707 Scottish cases on appeal from theCourt of Sessionwere sent there. A barrister had to be familiar with bothScottishandEnglish lawto deal with these cases, and Murray found his niche acting in Scottish cases in the House of Lords as early as 1733.[25][26]His work inMoncrieff v Moncrieffin 1734 established Murray as a brilliant young barrister praised for his performance by LordsCowperandParker.[26]AfterMoncrieff,Murray was involved in almost every case in the House of Lords, whether it had been appealed from a Scottish court or not.[26][27]

Lady Elizabeth Finch (Later Countess of Mansfield) (left) and her sisterLady Henrietta, Duchess of Cleveland(right).

In 1737, Murray acted as Counsel for the City ofEdinburghin the aftermath of the death ofCaptain John Porteous.In Edinburgh, it was traditional for criminals sentenced to death to be allowed to visit a church near the city jail the Sunday before the execution. Two criminals named Wilson and Robertson took this as an opportunity to escape; although Wilson did not make it out of the church, Robertson escaped completely.[28]Wilson had been a smuggler who supplied his fellow citizens with goods and, because of this and the unpopularity of the city guard, public opinion was firmly on his side. Porteous was the captain of the Edinburgh city guard, and was angry with Wilson's attempt to escape and aware of the possibility of an attempt to free him. Porteous ordered a guard of 80 men to be placed around the gallows for Wilson's execution.[28]When a man attempted to cut Wilson's body down after the execution, Porteous ordered his troops to fire on the crowd, and seven people were killed.[28]Porteous was initially sentenced to death for murder and, when the execution was delayed, a mob of citizens rushed the city jail andlynchedhim.[28]

As a result, a bill was proposed in theHouse of Commonsthat sought to punish the City of Edinburgh for the behaviour of its citizens bydisenfranchisingthe city.[29]Murray represented the City in both the House of Commons and theHouse of Lords,and eventually whittled down the bill so much that, by the time it was voted on, it simply proposed to fine the city and disqualify theProvost.[29]In exchange for his work, the citizens of Edinburgh gave him theFreedom of the Cityand a diamond, which is still in the possession of his family.[27][29]Murray's reputation continued to grow; in 1738, he was involved in 11 of the 16 cases heard in the House of Lords, and in 1739 and 1740 he acted as legal counsel in 30 cases there.[30]

On 20 September 1738, he married Lady Elizabeth Finch, the daughter ofDaniel Finch, 2nd Earl of Nottingham, 7th Earl of WinchilseaandAnne Hatton,atRaby Castle,home of her sisterDuchess of ClevelandinDurham.[31]Her other sisters includedDuchess of Somerset,Duchess of Roxburghe,and Lady Mary who was married toThomas Watson-Wentworth, 1st Marquess of Rockingham.Some of the aristocrats thought that the bride had married way below her status, and they also accused the groom (at the time just Mr. Murray) of social climbing into one of the great English families which the Finches belonged to. Indeed, Mansfield's marriage helped him be accepted by the highest level of the aristocracy.[20]Murray's connection with the Marquess of Rockingham especially had a significant positive influence on his future career.[31]After a short holiday, Murray returned to his work as a barrister.[31]

Member of Parliament

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Murray circa 1737; portrait byJohn Giles Eccardtassistant of Jean-Baptiste van Loo.

Murray had repeatedly refused to become aMember of Parliament,saying he had no interest in politics.[1]In 1742, however, the government ofSir Robert Walpolefell, and Murray's brother-in-law, theEarl of Nottingham,becameFirst Lord of the Admiraltyin the newCabinet.With this added political influence, Murray hoped to be appointed to a government office, and whenSir John Strangeresigned asSolicitor General,Murray was made a Member of Parliament forBoroughbridgeon 15 December 1742 and immediately succeeded Strange as Solicitor General.[1][25]

Although the Solicitor General was the lowest legal appointment, a successful one could be appointedAttorney General,and by custom, the Attorney General was allowed to become Lord Chief Justice if a vacancy arose.[1]Although many barristers were not good politicians, Murray became a successful Member of Parliament, and one noted for his oratorical skills and logical arguments.[1][27]

In 1745, Murray defended the actions of the government in hiring 16,000Hanoveriantroops to help fight in theWar of the Austrian Succession.[32]His argument (that it was the prerogative of the King to decide how a war should be fought, and he should not be second-guessed by politicians with no experience of warfare) defeated the motion to cease employing the Hanoverian troops by 231 votes to 181.[32]Murray became popular with both the government andGeorge IIas a result, and in the absence of a strong Attorney General, Murray spoke for the government in most matters.[32]In 1747, he helpedLord Hardwickewrite and pass an act to abolish the old hereditary positions in Scotland.[32]In 1751 he drafted the government response to an attempt by the King ofPrussiato frustrate neutral shipping, whichLord Stowellcalled "the foundation of the modern law of neutrality", andMontesquieudescribed it as a "résponse sans réplique" (response without a reply).[33]

The death ofFrederick,the heir to the British throne on 20 March 1751, caused constitutional chaos; George II wished to appoint his favourite sonPrince William, Duke of Cumberland,as Regent (since the heir apparent,George III,was only a child), while the public favoured the child's motherPrincess Augusta.[34]In an attempt to reach a compromise the government introduced a bill to Parliament declaring that Augusta was to be a regent along with a council of others, and that George would become the heir when he reached maturity.[34]Murray made a speech supporting the government's proposal, but despite this, Parliament was not convinced that a council was necessary.[34]

On 6 March 1754, the Prime MinisterHenry Pelhamdied, and this necessitated aCabinetreshuffle. TheAttorney General,Sir Dudley Ryder,became Lord Chief Justice of the King's Bench, and Murray became Attorney General in his place.[25][27][35]A few months later theMaster of the Rollsdied, and Murray was asked to replace him; he declined, however, as he "did not want to leave His Majesty's service".[35]After Ryder died unexpectedly on 25 May 1756, however, Murray could not turn down the opportunity, and immediately applied to replace him as Lord Chief Justice.[25][35]

He was accepted, and although his appointment delighted Murray, the government was very concerned at the loss of a good Attorney General.[36]In an attempt to persuade him to stay, the new Prime Minister, theDuke of Newcastleoffered him the post ofChancellor of the Duchy of Lancaster,in addition to the position of Attorney General, an extra £6,000 a year, and a pension, and finally attempted to blackmail him by saying that if he accepted the office of Lord Chief Justice, the government would refuse to grant him apeerage.[36]It was customary for all Lord Chief Justices to be given a peerage, and Murray responded by saying that in that situation he would refuse to become either Lord Chief Justice or Attorney General.[36]Newcastle gave in, and promised to allow him to become Lord Chief Justice and to recommend him for a peerage.[36]

This was seen as an excellent result by Murray, who had no interest in politics except as a stepping stone to become a member of the judiciary.[33]Murray was not suited to politics, as he was far too calculating and independent of thought to accept any one party's doctrine.[37]His Scottish and Jacobite roots also allowed for endless insinuation and controversy—in 1753 he was accused by the Bishop of Gloucester of "having drunk the health of theOld Pretenderon his knees ".[37]Although the story was proven to be false, it embarrassed Murray, and was used to taunt him as late as 1770.[37]His rivalry withWilliam Pitthighlighted his unsuitability for politics—unlike such other politicians asPhilip YorkeandEdward Thurlow,he did not have the temperament to resist "the vehemence of Pitt's invective".[37]It was widely felt that he could have becomePrime Ministerafter the death ofHenry Pelham,but it would have "set [his genius] in a false environment", and he declined all opportunities to return to politics except as Lord Chief Justice.[37]

Lord Chief Justice

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Portrait of Lord Mansfield.Murray in hisparliamentary robesas an earl, byJohn Singleton Copley1783

Anyone wishing to become a judge was required to be aSerjeant-at-law,which Murray was not; as such, he leftLincoln's Innto joinSerjeant's Inn.[38]He qualified as a Serjeant-at-law on 8 November 1756, and was sworn in as Lord Chief Justice at the house of theLord Chancellorthat evening.[38]Immediately afterwards he was created Baron Mansfield.[38]

On 19 November, he was sworn in as aPrivy Counsellor.[39]He suspended his duties temporarily on 5 April 1757, when appointedChancellor of the Exchequer,due to an old custom that the Lord Chief Justice took the position when it was empty. He only served until 8 April, and there is no evidence of his performing anything more than the standard day-to-day duties.[38]He became a cabinet minister in 1757, still serving as Lord Chief Justice, and stayed until 1765.[40]

Reform

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Mansfield first sat in court on 11 November 1756, and at the time had "a very low estimate of the Common Law of England which he was to administer".[41]The legal system had been put together in the period immediately after theNorman conquest of England,and was completely unsuited to the 18th century, when Britain was "the greatest manufacturing and commercial country in the world".[42]Mansfield immediately began to reform the way the law and courts worked. One of his first acts as Lord Chief Justice was to change the system for submittingmotions.[43]Every day the court was in session, all barristers were invited to submit motions, in order of their seniority as barristers.[43]Because they were allowed to submit as many motions as they wanted, by the time juniorbarristerswere allowed to submit their motions, it was normally the end of the day.[43]This meant that almost all the work went to the senior barristers, who were so overworked that they often did not have time to prepare properly before going to court.[43]In addition it meant that work for junior barristers was scarce, hindering their careers.[43]Mansfield changed the system so that barristers were allowed to submit only one motion a day, and if not all barristers had been heard by the end of the day, they could continue where they left off the next morning.[43]

At the time it was also traditional for all judgments to bereserved.[43]Although in a small number of cases this was useful, in the majority of cases it simply made coming to court more expensive and wasted time.[43]As soon as Mansfield became Lord Chief Justice, he changed the rules so that, unless the court had doubts over the evidence presented to them, a judgment was to be made immediately.[43]This had a far-reaching effect on the English courts. Judges from theCourt of AppealandHigh Court of Justicenow give reserved judgments in only a minority of cases.[44]His reforms led to the Court of King's Bench becoming one of the most active courts, at the expense of theCourt of Common Pleas,which was described as the "sleepy hollow".[45]

Mercantile law changes

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In the eighteenth century, Englishmerchant lawwas still based on theLex mercatoria,a medieval series of customs and principles used to regulate trading.[46]Other countries in Europe had reformed and modernised their law, resulting in English merchant law being about a century behind mercantile law of other European countries.[46]A merchant was, by his very nature, international, and the inconsistencies between English law and the law of other nations made business difficult.[46]

Mansfield made a great effort to bring English merchant law up to the same standards as that of other European nations, defining his position by saying that "the daily negotiations and property of merchants ought not to depend on subtleties and niceties, but upon rules easily learned and easily retained because they are dictates of common sense drawn from the truth of the case".[47]In most European countries, the principle was that a merchant was bound by his promises, not just his signed legal documents, while English lawyers maintained that a merchant could only be legally bound by documents that he signed.[47]The European principle was based on the assumption of good faith on the part of the merchants, oruberrima fides,something completely lacking in English law.[47]InCarter v Boehm(1746) 3 Burr 1905,96 ER 342,Mansfield got a chance to reform the law relating to the assumption of good faith. Carter was the Governor ofFort Marlborough(nowBengkulu), which was built by theBritish East India CompanyinSumatra,Indonesia.[48]He took out an insurance policy with Boehm against the fort's being taken by a foreign enemy.[48]A witness called Captain Tryon testified that Carter knew the fort was built to resist attacks from natives but not European enemies, and the French were likely to attack. The French did attack, and Boehm refused to fulfil the insurance claim.[48]

Mansfield decided in favour of Boehm, saying that Carter had failed his duty ofuberrima fides.In his judgment Mansfield said that:

Insurance is a contract based upon speculation. The special facts, upon which the contingent chance is to be computed, lie most commonly in the knowledge of the insured only; the underwriter trusts to his representation and proceeds upon the confidence that he does not keep back any circumstance in his knowledge, to mislead the underwriter into a belief that the circumstance does not exist, and to induce him to estimate the risque as if it did not exist. Good faith forbids either party by concealing what he privately knows, to draw the other into a bargain from his ignorance of that fact, and his believing the contrary.[49]

This was an attempt by Mansfield to introduce the assumption of good faith into English law,[49]and although it failed for the most part (as most areas of English commercial law no longer useuberrima fides), it is still used in insurance contracts.[50]In insurance agreements, the insuree inevitably knows more about the risk involved than the insurer; without the requirement for pre-contractual "good faith," the insuree would have no reason to tell the truth, and insurance companies would be loath to make contracts.[51]

In the earlier case ofPillans & Rose v Van Mierop & Hopkins(1765) 3 Burr 1663,97 ER 1035,Mansfield had tried to challenge the doctrine ofconsideration.[52]In English law, consideration is a vital part of the contract; without valid consideration, almost any contract is void.[53]But, Mansfield argued in his judgment that it should only be treated as evidence of a contract, not as a vital element.[52]Mansfield failed to make clear that he was referring only to consideration in commercial contracts, not general contracts, and as a result his judgment read that consideration was not required foranycontract.[52]His judgment has been much criticised by legal academics,[52]and was effectively overruled by theHouse of LordsinRann v Hughes[1778] 7 T. R. 350.

Mansfield also enforced a previous judgement of the Court of King's Bench made in 1645, in which they allowed a special jury of merchants to sit in cases involving commercial law.[54]He built up a special corps of these jurymen, some of whom, such asEdward Vaux,became noted experts on commercial law. "Lord Mansfield's jurymen" acted as an effective liaison between the merchants and the courts.[54]Mansfield was personally a supporter offree tradewho was heavily influenced byRoman lawand ancient Roman and Greek writers such asCiceroandXenophon.[54]

In 1783, Mansfield heard the case ofGregson v. Gilbert(1783) 3 Doug 232,99 ER 629,regarding the payment of an insurance claim for slaves killed when thrown overboard by the captain of a slave-ship – an event now known as theZongmassacre.Mansfield, in summing up the jury's verdict, said "The Case of Slaves was the same as if Horses had been thrown over board", and endeavoured to uphold the notion that slaves were property which could be destroyed in situations of "absolute necessity". But, new information was introduced in the case, and he ruled against the owners of the ship. In doing this, he achieved his aim of preventing maritime insurance law from becoming more complicated.[55]

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Mansfield made another notable judgment inMillar v Taylor(1769) 4 Burr 2303,98 ER 201(20 April 1769), in relation to copyright law.[56]Andrew Millarwas a bookseller who in 1729 had purchased the publishing rights toJames Thomson's poem "The Seasons".After the term of the exclusive rights granted under theStatute of Anneexpired, Robert Taylor began publishing his own competing publication, which contained Thomson's poem. Mansfield, sitting with three other judges, concluded that despite the Statute of Anne there was a perpetualcommon law copyright,and therefore that no works can ever be consideredpublic domain.[56]This was a massive victory for booksellers and publishers, as it meant that they could effectively make it impossible for new companies to compete, as in the absence of new texts, there was nothing they could print.[56]Mansfield's judgment was finally overruled by the House of Lords inDonaldson v Beckettin 1774.[56]

Mansfield's judgment has been criticised as being unusually short-sighted because he failed to see that while his decision was correct for that particular case, the precedent it would set would create an unfair monopoly for the booksellers and publishers.[56]This was one of only a small number of cases in which Mansfield was overruled; in his entire career only six of his judgments were overturned by a higher court.[57]Mansfield's judgement here has been seen as part of a wider agenda; along with other legal figures such asSir William Blackstone,he was personally in favour of a perpetual copyright.[58]

Junius

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In 1695 Parliament failed to renew theLicensing Acts,and as a result, the press were free to print material attacking the government.[59]Although there were eight attempts to force a new Licensing Act through Parliament between 1697 and 1713, none of them succeeded.[59]Despite the freedom of the press from pre-censorship by the government, the judiciary regularly tried people forseditious libelif they printed material attacking the government.[60]From 21 November 1768, letters written by a man under the pseudonym ofJuniuswere published in thePublic Advertiser,a London newspaper run byHenry Sampson Woodfall.[61]In them, Junius attacked many political leaders, includingLord Granbyand Mansfield. As his letters were wildly popular, the circulation of thePublic Advertiserdoubled in just five months.[61]

On 19 December 1769, Junius wrote a letter attacking the King, and incensed at this, the government ordered several people to be arrested and tried for seditious libel, including Woodfall for publishing the letters,John Almonfor selling them, and John Miller for republishing them.[61]Almon's case was heard atWestminster Hallby Mansfield and a jury on 2 June 1770. He was found guilty, although it is unclear in what fashion he was punished, if at all. Woodfall was tried on 13 June 1770, by Mansfield and a jury. While Mansfield believed that the language used was libellous, the jury disagreed, and held that he was "guilty of printing and publishing only", and innocent of seditious libel.[62]Miller was tried on 13 July 1770, and after six hours of discussion, the jury found him innocent.[62]As a result of these two trials, it became clear that no jury would convict a printer for printing these letters, leaving Junius free to continue publishing them.[62]

On 14 November 1770, a letter by Junius directed at Mansfield was published by thePublic Advertiserand theLondon Evening Post,a newspaper run by John Miller.[63]In it, Junius attacked Mansfield, first for being Scottish, then for being a lapsedJacobite,and finally for attempting to suppress the freedom of the press.[63]In a response to Junius' letter dated 16 November 1770, Mansfield made the following threat:

"Sir, if in future you indulge the ill-founded asperity of your Pen, [you] may be called to answer for your Conduct, in a way that may cause you to regret that ever you was born, or, at least, that Nature has given you Abilities, which, if guided by Discretion, would have made you as much a Blessing, as you are now a Curse to Mankind."[64]

Although theAttorney General,William de Grey,advised that the publishers should again be prosecuted, Mansfield disagreed, saying that if they failed to respond to Junius, he would become bored and stop writing.[63]Mansfield was evidently correct, because other than a letter printed on 5 October 1771, Junius ceased to write at the beginning of 1772.[63]

Somersett's Case

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Francis Hargrave,who represented James Somersett in this case

Mansfield is best known for his judgment inSomersett's Caseon the legality of keepingslavesin England.[65][66]The English had been involved in theslave tradesince 1553, and by 1768, ships registered in Liverpool, Bristol and London carried more than half the slaves shipped in the world.[65]James Somersettwas a slave owned byCharles Stewart,an American customs officer who sailed to Britain for business, landing on 10 November 1769.[65]A few days later Somersett attempted to escape. He was recaptured in November and imprisoned on the shipAnn and Mary,owned by Captain John Knowles and bound for the Britishcolony of Jamaica.Stewart intended to sell him there.[65]However, three people claiming to be Somersett's godparents, John Marlow, Thomas Walkin and Elizabeth Cade, made an application before the Court of King's Bench for a writ ofhabeas corpus,and Captain Knowles was ordered to produce Somersett before the Court of King's Bench, which would determine whether his imprisonment was legal.[65]

Mansfield ordered a hearing for 22 January 1772. Following an adjournment, the case was not heard until 7 February 1772.[65]In the meantime, the case had attracted a great deal of attention in the press, and members of the public were forthcoming with donations to fund lawyers for both sides of the argument.[67]An activist layman,Granville Sharp,who continually sought test cases against the legal justifications for slavery, was Somersett's real backer. When the case was heard, no fewer than five advocates appeared for the slave, speaking at three separate hearings between February and May.[67]These lawyers includedWilliam DavySL,John GlynnSL,[68]James MansfieldandFrancis Hargrave,who was later to become a noted barrister based on his work in this case.[67]Charles Stewart was represented byJohn DunningandJames Wallace.[68]

On behalf of Somersett, it was argued that while colonial laws might permit slavery, neither the common law of England, nor any law made byParliamentrecognised the existence of slavery, and slavery was therefore illegal.[67]Moreover, English contract law did not allow for any person to enslave himself, nor could any contract be binding without the person's consent. The arguments thus focused on legal details rather than humanitarian principles.[67]A law passed in 1765 said that all lands, forts and slaves owned by the Africa Company were a property of the Crown, which could be interpreted to mean that the Crown accepted slavery.[67]When the two lawyers for Charles Stewart put their case, they argued that a contract for the sale of a slave was recognised in England, and therefore the existence of slaves must be legally valid.[67]

After the attorneys for both sides had given their arguments, Mansfield called a recess, saying that "[the case] required... [a] consultation... among the twelve Judges".[69]Finally, on 22 June 1772 Mansfield gave his judgment, which ruled that a master could not carry his slave out of England by force, and concluded:

The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political; but onlypositive law,which preserves its force long after the reasons, occasion, and time itself from whence it was created, is erased from memory: it's so odious, that nothing can be suffered to support it, but positive law. Whatever inconveniences, therefore, may follow from a decision, I cannot say this case is allowed or approved by the law of England; and therefore the black must be discharged.[70]

The ruling, alongside criticising slavery, also conclusively established that there was no legal status of slave in either parliamentary legislation or thecommon law.[71][72][73]This did not effect slavery in the British Empire which would not be done until the passage of the1833 Slavery Abolition Actthrough Parliament.[70][74]As a result of the reporting of Mansfield's decision, public opinion and some newspapers gave the impression that slavery had been abolished in England by the ruling.[73]Some historians believe that between 14,000 and 15,000 slaves were immediately freed in England, some of whom remained with their masters as paid or unpaid employees.[70]However, it is questionable whether that many black people lived in England at the time, and those who did were mostly free already.[75]Despite the ruling, Black Britons were occasionally kidnapped in the streets of London, Liverpool and Bristol and forcibly brought back to the colonies.(Such an incident was recounted by Olaudah Equiano in 1774 in his autobiography,An Interesting Narrative(1789).)[73]

Contemporary reports suggested that Mansfield's personal experience with raisingDido Belleinfluenced his decision.[76][77][78][79]

Lord Mansfield's Rule

[edit]

Lord Mansfield is frequently mentioned in modern legal settings as the originator of "Lord Mansfield's Rule", in his own words: "...the law of England is clear, that the declarations of a father or mother, cannot be admitted to bastardize the issue born after marriage."[80][81][82][83][84]This quote comes from Mansfield's appellate decision inGoodright v Moss(1777) 2 Cowp 591,98 ER 1257at 592. The primary legal question in the case was not this preexisting principle, which applies only to children "born after marriage", but rather whether the child had been born before the marriage. The question was whether statements the child's parents allegedly made before their deaths could be introduced as evidence that the child had been born before their marriage and was thus illegitimate. Mansfield ruled to admit the testimony against the child's legitimacy and grant a new trial. The term "Lord Mansfield's Rule" is often used in a slightly different sense to denote the principle still applied in several jurisdictions[85]that marriage creates a conclusive presumption of a husband's paternity of his wife's child.[86][87]

House of Lords

[edit]

After the formation of theFox-North Coalition,Mansfield agreed to act asSpeaker of the House of Lords,taking up his post in February 1783.[88]The main item of debate during the Coalition Ministry was theEast India Bill,which provoked bitter arguments in both theHouse of LordsandHouse of Commons.[88]In an attempt to speed up the process of passing the bill, Mansfield left his position as speaker to debate directly on 15 December; when this failed to help he returned to theWoolsackthe next day.[88]The failure of the bill caused the government to be immediately dismissed, and Mansfield left his position on 23 December 1783.[88]

Mansfield had been made earl of Mansfield, in the County of Nottingham, on 31 October 1776. He attended the Lords as Lord Speaker, and the last record of him attending (other than his presence at the state opening of Parliament on 23 March 1784)[89]was in December 1783.[90]

Retirement and death

[edit]
Kenwood House,Hampstead, London.

Despite failing health, Mansfield refused to officially leave his post as Lord Chief Justice becauseGeorge IIIwas opposed to the appointment of Mansfield's protégéFrancis Bullerto the position after Mansfield resigned.[39][91]The government of the time instead suggestedLloyd Kenyonas a possible successor. Mansfield clung to office until 1788 (despite not sitting in court for two years), in the hope that the government would fall before he was forced to retire.[92]This was not to be, and on 3 June, he wrote a letter of resignation effective the next day.[25][92]

Mansfield spent the remainder of his life atKenwood Houselooked after by his nieces Lady Anne and Lady Marjory Murray and Dido Belle.[93]Most of his time was spent maintaining the grounds. WhenFanny Burneyvisited Kenwood in June 1792, she was unable to see Lord Mansfield, because he was too infirm and hasn't been downstairs for 4 years, she asked after Miss Murrays and left her respects but 'Miss Murrays were upstairs with Lord Mansfield, whom they never left’.[94]

In the summer, he was visited by groups ofbarristerswho informed him of the goings-on at court.[93]On 1 August 1792 he was made Earl of Mansfield, in the County ofMiddlesex.[95]On 10 March 1793, he complained of feeling sleepy, and although he recovered the next day, by 12 March, he was again complaining of a need for sleep.[93]He went to bed early and remained asleep until 18 March, when he finally died.[93]His body was buried in the northtranseptofWestminster Abbey.[5]His monument at Westminster was commissioned byhis nephew.It was sculpted byJohn FlaxmanRA (by suggestion ofSir William Hamilton).[96]

Mansfield left a large amount of money after his death, including Estate worth £500,000 to his nephew now the2nd Earl.[97][98]He also gave £2,000 toFrancis Buller.[99]

Legacy

[edit]

English lawsaw significant changes during Mansfield's career.[100]As lord chief justice, Mansfield had done much to reform the way the courts worked, making it easier for people to gain access to legal aid, and also making the process much less expensive.[100]He was also noted for his insistence thatequityshould be applied by all courts, not just theCourt of Chancery,a view that provoked much disagreement during his lifetime, but was eventually confirmed by Parliament in theSupreme Court of Judicature Act 1873,which allowed all courts to take cases of equity.[100]He also established the principle that rather than blindly following precedent, judges should seek to find loopholes in rules that were no longer applicable, something that later received the support ofOliver Wendell Holmes Jr.,who said, "It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is more revolting still if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past."[101]He made his judgements on the principle that "as the usages of society alter, the law must adapt itself to the various situations of mankind", leadingJohn Bakerto describe him as "one of the boldest of judicial spirits".[102]

Sir Francis Buller,whom Mansfield tried to makeLord Chief Justiceafter his retirement.

His most important contributions were to commercial, merchant and common law.[101]Mansfield spent much time bringing the law of England on par with that of other countries, particularly in cases such asPillans & Rose v Van Mierop & Hopkins[1765] 3 Burr 1663, andCarter v Boehm[1766] 3 Burr 1905.[101]As a result of his work, he was described by a later judge as "the founder of the commercial law of this country".[56][66]

He was, however, criticised for his resistance to thefreedom of the pressand his refusal to go against the King,[39]as well as for blatantnepotism—highlighted by his attempts to haveFrancis BullermadeLord Chief Justiceafter his retirement.[11]He was also criticised as a politician for his support of a government antagonistic to the colonies; in 1829John Quincy Adamsdescribed him as "more responsible for theRevolutionthan any other man ".[103]Scholars such asJohn Chipman Grayhave questioned his reputation as a universally successful judge, saying that "the reputation of Lord Mansfield as a commercial lawyer should not blind us to the fact that he was not equally great in the law ofreal property".[104]

Opinion over Mansfield's intention in his ruling inSomerset's Caseis mixed, with the current prevailing view being that he did not intend to free the slaves.[105]The judgment was particularly narrow, as it ruled only that a master could not carry his slave out of England by force, not that slaves who came to England were emancipated. This is seen as particularly telling because this was the primary argument of Davy and Hargrave.[106]If Murray had wanted to emancipate the slaves completely, there were various bits of judicial precedent he could have based his decision on, such asSmith v GouldorShanley v Harvey,but he did not.[106]Various comments he made before and during the case also suggest that complete emancipation was not his intent; in a preliminary judgment he said that "the setting 14,000 or 15,000 men at once free loose by a solemn opinion, is much disagreeable in the effect it threatens", which one modern legal scholar interprets as indicative of his reluctance to make a decision for fear of economic consequences.[107]Various comments he made to Thomas Hutchinson in private letters, along with his comments about theSomersettdecision inR v Inhabitants of Thames Dittonalso suggest that emancipation was not his goal.[108]In the 1785Inhabitants of Thames Dittoncase, Lord Mansfield expressed the view that his ruling in the Somerset case decided only that a slave could not be forcibly removed from England against his will.[109]

Mansfield and Lady Finch did not have any children. His title, which succeeds to this day, passed to his nephew,David Murray, 2nd Earl of Mansfield.[5]

Honours

[edit]
Monument to Mansfield in Westminster Abbey, with a figure representing Wisdom

Mansfield is immortalised inSt Stephen's Hall,where he and other notable Parliamentarians look on at visitors to Parliament.[110][111]

'Here Murray long enough his country's pride is now no more thanTullyor thanHyde'. Foretold byAr. Popeand fulfilled in the year 1793 when William Earl of Mansfield died full of years and of honours: of honours he declined many: those which he accepted were the following: he was appointed Solicitor General 1742, Attorney General 1754, Lord Chief Justice and Baron Mansfield 1756, Earl of Mansfield 1776. From the love which he bore to the place of his early education, he desired to be buried in this cathedral (privately) and would have forbidden that instance of human vanity, the erecting a monument to his memory, but a sum which with the interest has amounted to two thousand five hundred pounds was left for that purpose by A. Bailey Esqr. of Lyon's Inn, which at least well meant mark of esteem he had no previous knowledge or suspicion of and had no power to prevent being executed. He was the fourth son of David, fifth Viscount Stormont, and married the Lady Elizabeth Finch, daughter to Daniel, Earl of Nottingham by whom he had no issue. Born at Scone 2nd March 1704. Died at Kenwood 20th March 1793.[5]

Character

[edit]
Cameo of William Murray, 1st Earl of Mansfield

Mansfield was noted at theBar,in Parliament, and while sitting as a judge, for his eloquence and skill as a speaker; in particularLord Chesterfielddescribed him as "beyond comparison the best speaker" in the House of Commons.[1]He was also a hard worker; he would sometimes do court paperwork himself, as well as do his judicial duties, in an attempt to speed up the legal process.[114]

He was summarised byGareth Jonesas "Conservative, urbane, silver-tongued, energetic, cultivated and well read; a highly imaginative lawyer who looked to reason and was not overawed by the legacy of the past".[115]Edmund Burke,a contemporary, said that "he had some superiors in force, some equals in persuasion; but ininsinuationhe was without a rival. He excelled in the statement of a case. This, of itself, was worth the argument of any other man ".[116]The comment bySamuel Johnsonthat "Much may be made of a [Scotsman], if he be caught young" was directed at Mansfield,[117]and Johnson also described him as "more than a mere lawyer", whileEdward Coke,who is considered one of the most important lawyers in the history of English law, was "only a lawyer".[118]

Unlike other barristers, Mansfield was noted for always keeping a cool head and being "prudent to the point of timidity".[33]He was criticised for being "moderate and dispassionate", unlike more aggressive barristers such asEdward Coke;when asked about this he replied that "I would not have made Sir Edward Coke's speech to gain all Sir Edward Coke's estates and all his reputation".[33]There are conflicting reports about his temperament and attitude as a judge;William Pittdescribed him as "a very bad judge, proud, haughty to the Bar and hasty in his determinations", andCharles Yorkesaid he was "offensive and unpopular".[119]Both opinions are suspect, however; Pitt's because he was a constant rival to Mansfield and Yorke's because he was attempting to beat Mansfield to the position ofLord Chancellorat the time.[119]Edward Fosssaid that "there has never been a judge more venerated by his contemporaries, nor whose memory is regarded with greater respect and affection", and described him as "the great oracle of law".[11]

Mansfield has been called "the legal genius of his generation",[120]and compared favourably withJoseph Story,a judge of theSupreme Court of the United Statesnoted for his brilliance.[120]Other Americans such as Julian S. Waterman, the founder of theUniversity of Arkansas School of Law,described him as "not only the greatest common law judge but the greatest judge in Anglo-American legal history", while Joseph Story himself said that Mansfield "broke down the narrow barrier of the common law, redeemed it from feudal selfishness and barbarity" and that "he was one of those great men raised up by Providence, at a fortunate moment, to effect a salutary revolution in the world".[121]

[edit]

In the 2013 filmBelle,Murray is portrayed byTom Wilkinson.

In the 2015 filmThe Scandalous Lady W,Murray is portrayed byDavid Calder.

See also

[edit]

References

[edit]
  1. ^abcdefHeward (1979), p. 30.
  2. ^abcNorman S. Poser,Lord Mansfield: Justice in the Age of Reason(2013).
  3. ^Richard Reddie,Abolition! The Struggle to Abolish Slavery in the British Colonies(Oxford: Lion Hudson, 2007), p. 142.
  4. ^James Walvin,The Black Presence(London: 1971), pp. 25–7.
  5. ^abcde"William Murray, Lord Mansfield".Westminster Abbey.Archivedfrom the original on 12 December 2020.Retrieved25 April2009.
  6. ^"William Murray (Lord Mansfield) 1705–1793".Washington and Lee University.Archived fromthe originalon 20 October 2011.Retrieved25 April2009.
  7. ^abShaw (1926), p. 2.
  8. ^abHeward (1979), p. 2.
  9. ^abPlunkett (1956), p. 248.
  10. ^abFifoot (1936), p. 27.
  11. ^abcdFoss (1870), p. 469.
  12. ^abHeward (1979), p. 3.
  13. ^abHeward (1979), p. 4.
  14. ^abHeward (1979), p. 7.
  15. ^abHeward (1979), p. 8.
  16. ^abcHeward (1979), p. 9.
  17. ^abFifoot (1936), p. 28.
  18. ^abHeward (1979), p. 10.
  19. ^"Wayback Machine"(PDF).Archived fromthe original(PDF)on 24 March 2020.Retrieved11 September2023.
  20. ^abPoser, Norman S. (2013).Lord Mansfield: justice in the age of reason.Internet Archive. Montreal & Kingston; Ithaca: McGill-Queen's University Press.ISBN978-0-7735-4183-2.
  21. ^abHeward (1979) p. 12
  22. ^abcFifoot (1936), p. 29.
  23. ^abcdeHeward (1979), p. 13.
  24. ^abFifoot (1936), p. 34.
  25. ^abcdePlunkett (1956), p. 249.
  26. ^abcHeward (1979), p. 14.
  27. ^abcdFoss (1870), p. 470.
  28. ^abcdHeward (1979), p. 15.
  29. ^abcHeward (1979), p. 20.
  30. ^Heward (1979), p. 23.
  31. ^abcHeward (1979), p. 24.
  32. ^abcdHeward (1979), p. 31.
  33. ^abcdFifoot (1936), p. 37.
  34. ^abcHeward (1979), p. 33.
  35. ^abcHeward (1979), p. 40.
  36. ^abcdHeward (1979), p. 42.
  37. ^abcdeFifoot (1936), p. 38.
  38. ^abcdHeward (1979), p. 45.
  39. ^abcOldham, James (2004)."Oxford DNB article: Murray, William (subscription needed)".Oxford Dictionary of National Biography.Vol. 1 (online ed.). Oxford University Press.doi:10.1093/ref:odnb/19655.Retrieved2 March2009.(Subscription orUK public library membershiprequired.)
  40. ^Fifoot (1936), p. 40.
  41. ^Lowry (1973), p. 605.
  42. ^Lowry (1973), p. 606.
  43. ^abcdefghiHeward (1979), p. 46.
  44. ^Heward (1979), p. 47.
  45. ^Baker (2002), p. 50.
  46. ^abcHeward (1979), p. 99.
  47. ^abcHeward (1979), p. 101.
  48. ^abcHeward (1979), p. 102.
  49. ^abHeward (1979), p. 103.
  50. ^"House of Lords – Manifest Shipping Company Limited v. Uni-Polaris Shipping Company Limited and Others".House of Lords Information Office.Retrieved3 March2009.
  51. ^Butcher (2008), p. 380.
  52. ^abcdHeward (1979), p. 104.
  53. ^McKendrick (2007), p. 87.
  54. ^abcLowry (1973), p. 609.
  55. ^Krikler (2007), pp. 36–7, 43.
  56. ^abcdefHeward (1979), p. 105.
  57. ^"History of Penn Law – medallions and inscriptions".University of Pennsylvania.Archived fromthe originalon 24 October 2008.Retrieved25 April2009.
  58. ^Cornish (2009), p. 9.
  59. ^abHeward (1979), p. 125.
  60. ^Heward (1979), p. 126.
  61. ^abcHeward (1979), p. 127.
  62. ^abcHeward (1979), p. 128.
  63. ^abcdHeward (1979), p. 129.
  64. ^William Lord Mansfield, "An Answer to the Letter Signed Junius, in the Public Advertiser of Wednesday, 14 November 1770" (London, 1770), 25 (available on eighteenth-century collections online).
  65. ^abcdefHeward (1979), p. 139.
  66. ^abFoss (1870) p. 471
  67. ^abcdefgHeward (1979), p. 140.
  68. ^abVan Cleve (2006), p. 2.
  69. ^Van Cleve (2006), p. 3.
  70. ^abcHeward (1979), p. 141.
  71. ^Law, Liberty and the Constitution - A Brief History of the Common Law, by Harry Potter;ISBN9781783275038.
  72. ^Black and British, a forgotten history by Professor David Olusuga; ISBN 9781447299769.
  73. ^abcSimon Schama,Rough Crossings(London: BBC Books, 2005), pp. 51–61.
  74. ^Steven M. Wise,Though the Heavens May Fall: The Landmark Trial That Led to the End of Human Slavery,ISBN9781844134304.
  75. ^Michael Siva,Why did Black Londoners not join the Sierra Leone Resettlement Scheme 1783–1815?(London: Open University, 2014), pp. 1–20.
  76. ^Nisha Lilia Diu,"Dido Belle: Britain’s first black aristocrat",The Telegraph,6 June 2014.
  77. ^Richard Reddie,Abolition! The Struggle to Abolish Slavery in the British Colonies(Oxford: Lion Hudson, 2007), p. 142.
  78. ^James Walvin,The Black Presence(London: 1971), pp. 26-7.
  79. ^"The National Archives - Exhibitions - Black presence - rights".The National Archives.Retrieved 31 October 2020.
  80. ^Black's Law Dictionary,p. 851 (Fifth Edition).
  81. ^Recent Cases – Evidence – Divorce – Competency of Spouse to Testify as to Non-Access,Mercer Beasley Law ReviewVol. III, No. 1, January 1934, p. 112.
  82. ^Lord Mansfield's RuleUSLegal Legal Definitions.
  83. ^GN 00306.025 Lord Mansfield RuleUnited States Social Security Administration Program Operations Manual System (POMS) Compilation of the Social Security Laws.
  84. ^"Prohibiting Nonaccess Testimony by Spouses: Does Lord Mansfield's Rule Protect Illegitimates?",Michigan Law Review,75(7): 1457–1487, 1977,doi:10.2307/1287807,JSTOR1287807
  85. ^GN 00306.026 State Laws on Applicability of Lord Mansfield Rule,United States Social Security Administration Program Operations Manual System (POMS) Compilation of the Social Security Laws.
  86. ^"Essentials for Attorneys in Child Support Enforcement"3rd. ed. Department of Health and Human Services, Administration for Children and Families, Office of Child Support Enforcement; Ch. 8, Section: "Disestablishment of Paternity", at note 50.
  87. ^SeeSmernoff, Batya F. (1996)."California's Conclusive Presumption of Paternity and the Expansion of Unwed Fathers' Rights".Golden Gate U. L. Rev.26.Retrieved24 March2023.
  88. ^abcdHeward (1979), p. 162.
  89. ^Heward (1979), p. 163.
  90. ^Fifoot (1936), p. 46.
  91. ^Foss (1870), p. 472.
  92. ^abHeward (1979), p. 166.
  93. ^abcdHeward (1979), p. 168.
  94. ^Byrne, Paula (2014).Belle: the true story behind the movie.Internet Archive. London: William Collins.ISBN978-0-00-754272-7.
  95. ^Heward (1979), p. 161.
  96. ^Rupert Gunnis,Dictionary of British Sculptors 1660–1851,p. 150.
  97. ^Trackman, Ian (1 January 2021)."John Way story".The remarkable story of John Way.
  98. ^Trackman, Ian."The Will and 19 Codicils of the 1st Earl of Mansfield, with particular reference to Dido Elizabeth Belle".{{cite journal}}:Cite journal requires|journal=(help)
  99. ^Fifoot (1936), p. 50.
  100. ^abcHeward (1979), p. 170.
  101. ^abcHeward (1979), p. 171.
  102. ^Baker (2002), p. 200.
  103. ^Waterman (1934), p. 552.
  104. ^Waterman (1934), p. 557.
  105. ^Van Cleve (2006), p. 1.
  106. ^abVan Cleve (2006), p. 4.
  107. ^Watson (2006), p. 3.
  108. ^Van Ceve (2006), p. 6.
  109. ^Court of King's Bench, Great Britain; Glenbervie, Sylvester Douglas Baron (1831).Reports of Cases Argued and Determined in the Court of King's Bench: In the Nineteenth, Twentieth, and Twenty-first [twenty-second, Twenty-third, Twenty-fourth, and Twenty-fifth] Years of the Reign of George III. [1778–1785].Reed and Hunter. p.301.1785 Lord Mansfield Thames Ditton.
  110. ^"Architecture of the Palace – St Stephen's Hall",UK Parliament.
  111. ^The Illustrated London News,illustration accompanying "The New Houses of Parliament", 2 February 1856, p. 121.
  112. ^Gannett, Henry (1905).The Origin of Certain Place Names in the United States.U.S. Government Printing Office. p.198.
  113. ^"Inns of Court Scholarships".The Times.London. 8 December 2008.Retrieved25 April2009.
  114. ^Heward (1979), p. 178.
  115. ^Jones (198), p. 374.
  116. ^Fifoot (1936), p. 33.
  117. ^Jones (1980), p. 373.
  118. ^Jones (1980), p. 375.
  119. ^abFifoot (1936), p. 48.
  120. ^abLeslie (1957), p. 279.
  121. ^Waterman (1934), p. 549.

Bibliography

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Wikiquote has quotations related toWilliam Murray, 1st Earl of Mansfield.
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Legal offices
Preceded by Solicitor General
1742–54 		Succeeded by
Preceded by Attorney General
1754–56 		Succeeded by
Lord Chief Justice of the King's Bench
1756–88 		Succeeded by
Political offices
Preceded byas Lord Chancellor Lord Speaker
1783 		Succeeded byas Lord Chancellor
Preceded by Chancellor of the Exchequer
1757 		Succeeded by
Parliament of Great Britain
Preceded by Member of ParliamentforBoroughbridge
1742–56
With:George Gregory1742–46
Earl of Dalkeith1746–50
Hon. Lewis Monson Watson1750–54
John Fuller1754–55
Sir Cecil Bishopp1755–56 		Succeeded by
Peerage of Great Britain
New creation Earl of Mansfield
1st creation
1776–1793 		Succeeded by
Earl of Mansfield
2nd creation
1792–1793 		Succeeded by
Baron Mansfield
1756–1793 		Extinct
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