William Murray, 1st Earl of Mansfield, (2 March 1705 – 20 March 1793), was a British judge, politician, lawyer, and peer best known for his reforms to
English law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
. Born in
Scone Palace,
Perthshire
Perthshire (Scottish English, locally: ; ), officially the County of Perth, is a Shires of Scotland, historic county and registration county in central Scotland. Geographically it extends from Strathmore, Angus and Perth & Kinross, Strathmore ...
, to a family of
Scottish nobility, he was educated in
Perth
Perth () is the list of Australian capital cities, capital city of Western Australia. It is the list of cities in Australia by population, fourth-most-populous city in Australia, with a population of over 2.3 million within Greater Perth . The ...
before moving to
London
London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
at the age of 13 to study at
Westminster School
Westminster School is a Public school (United Kingdom), public school in Westminster, London, England, in the precincts of Westminster Abbey. It descends from a charity school founded by Westminster Benedictines before the Norman Conquest, as do ...
. Accepted into
Christ Church, Oxford
Christ Church (, the temple or house, ''wikt:aedes, ædes'', of Christ, and thus sometimes known as "The House") is a Colleges of the University of Oxford, constituent college of the University of Oxford in England. Founded in 1546 by Henry V ...
, in May 1723, Mansfield graduated four years later and returned to London, where he was
called to the Bar
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
by
Lincoln's Inn
The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...
in November 1730 and quickly gained a reputation as an excellent
barrister
A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
.
He became involved in British politics in 1742, beginning with his election to the
House of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
as a
Member of Parliament for
Boroughbridge and appointment as
Solicitor General. In the absence of a strong
Attorney General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
, 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".
With the promotion of Sir
Dudley Ryder to
Lord Chief Justice in 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 the
Age of Enlightenment
The Age of Enlightenment (also the Age of Reason and the Enlightenment) was a Europe, European Intellect, intellectual and Philosophy, philosophical movement active from the late 17th to early 19th century. Chiefly valuing knowledge gained th ...
and moved the country onto the path to
abolishing 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 submitting
motions, and reformed the way judgments were delivered to reduce expense for the parties. For his work in ''
Carter v Boehm'' and ''
Pillans v Van Mierop'', Mansfield has been called the founder of English commercial law.
Mansfield is also known for his judgment in ''
Somerset v Stewart
''Somerset v Stewart'' (177298 ER 499(also known as ''Sommersett v Steuart'', Somersett's case, and the Mansfield Judgment) is a judgment of the English Court of King's Bench (England), Court of King's Bench in 1772, relating to the right of an ...
'' where he held that
slavery
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
had no basis in
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
and had never been established by
positive law
Positive laws () are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''.
The concept of posit ...
in England, and therefore was not binding in law.
[Norman S. Poser, ''Lord Mansfield: Justice in the Age of Reason'' (2013).] Though the judgement did not explicitly outlaw slavery in either England or
British 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.
Early life and education
Murray was born on 2 March 1705, at
Scone Palace in
Perthshire
Perthshire (Scottish English, locally: ; ), officially the County of Perth, is a Shires of Scotland, historic county and registration county in central Scotland. Geographically it extends from Strathmore, Angus and Perth & Kinross, Strathmore ...
,
Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
, the fourth son of
David Murray, 5th Viscount of Stormont and his wife Margaret
as one of eleven children.
[Shaw (1926), p. 2.] Both his parents were strong supporters of the
Jacobite cause,
[Heward (1979), p. 2.][Plunkett (1956), p. 248.] and his older brother
James followed the "
Old Pretender" into exile, this left the family's finance relatively impoverished.
[Fifoot (1936), p. 27.] The Jacobite sympathies of Murray's family were glossed over by contemporaries, who claimed that he had been educated at
Lichfield Grammar School
Lichfield () is a cathedral city and civil parish in Staffordshire, England. Lichfield is situated south-east of the county town of Stafford, north-east of Walsall, north-west of Tamworth, south-west of Burton upon Trent and 14 miles (22.5 ...
with many other members of the English judiciary.
This was incorrect, as Murray was educated at
Perth Grammar School,
where he was taught
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
, English grammar, and essay writing skills.
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.
[Heward (1979), p. 3.] 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 to
Westminster School
Westminster School is a Public school (United Kingdom), public school in Westminster, London, England, in the precincts of Westminster Abbey. It descends from a charity school founded by Westminster Benedictines before the Norman Conquest, as do ...
as James knew the Dean,
Francis Atterbury.
Thirteen year old Murray travelled alone with a pony given by his father, The distance from Perth to London was around , and the journey took Murray 54 days.
[Heward (1979), p. 4.] Murray flourished at Westminster and was made a
King's Scholar on 21 May 1719.
After an examination in May 1723, Murray was accepted into
Christ Church, Oxford
Christ Church (, the temple or house, ''wikt:aedes, ædes'', of Christ, and thus sometimes known as "The House") is a Colleges of the University of Oxford, constituent college of the University of Oxford in England. Founded in 1546 by Henry V ...
, having scored higher in the examination than any other King's Scholar that year.
[Heward (1979), p. 7.] He was admitted as a
commoner
A commoner, also known as the ''common man'', ''commoners'', the ''common people'' or the ''masses'', was in earlier use an ordinary person in a community or nation who did not have any significant social status, especially a member of neither ...
on 15 June 1723, and
matriculated on 18 June. The records say that he came from
Bath
Bath may refer to:
* Bathing, immersion in a fluid
** Bathtub, a large open container for water, in which a person may wash their body
** Public bathing, a public place where people bathe
* Thermae, ancient Roman public bathing facilities
Plac ...
rather than Perth, as the person recording the names of the new students was unable to understand his Scottish accent.
His older brother, James, was an
advocate
An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...
in Scotland (the Scottish equivalent of a barrister in England), and his family decided that a career as a barrister was best for Murray. The Scottish
Bar at 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.
[Heward (1979), p. 8.] Thanks to the patronage of
Thomas 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 of
Lincoln's Inn
The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...
on 23 April 1724.
After
George I died on 11 June 1727, Murray entered and won a competition to write a Latin poem titled "The Death of the King".
[Heward (1979), p. 9.] His actions were seen as a show of support for the
House of Hanover
The House of Hanover ( ) is a European royal house with roots tracing back to the 17th century. Its members, known as Hanoverians, ruled Hanover, Great Britain, Ireland, and the British Empire at various times during the 17th to 20th centurie ...
and the political ''
status quo
is a Latin phrase meaning the existing state of affairs, particularly with regard to social, economic, legal, environmental, political, religious, scientific or military issues. In the sociological sense, the ''status quo'' refers to the curren ...
'', something odd considering the strong Jacobite sympathies of his family.
He probably did this because, having no private income, he wished to secure patronage to help him advance politically.
Another entrant was
William Pitt, who was a constant rival to Murray until Pitt's death in 1778.
[Fifoot (1936), p. 28.] 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 of
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I.
Roman law also den ...
.
[Heward (1979), p. 10.] He also became fluent in Latin, translating
Cicero
Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, orator, writer and Academic skeptic, who tried to uphold optimate principles during the political crises tha ...
's works into English and then back into Latin.
He gained his
Bachelor of Arts
A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
degree in 1727, and travelled to London to train as a barrister.
Family life

Murray married Lady Elizabeth Finch, youngest daughter of
Daniel Finch, 2nd Earl of Nottingham and 7th Earl of Winchilsea and 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 the
Seven Years' War
The Seven Years' War, 1756 to 1763, was a Great Power conflict fought primarily in Europe, with significant subsidiary campaigns in North America and South Asia. The protagonists were Kingdom of Great Britain, Great Britain and Kingdom of Prus ...
and 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 Belle was 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.
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.
At the English bar
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.
[Heward (1979) p. 12] 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 of
barristers' chambers
In law, a barrister's chambers or barristers' chambers are the rooms used by a barrister or a group of barristers. The singular refers to the use by a sole practitioner whereas the plural refers to a group of barristers who, while acting as s ...
at No. 1 Old Square.
There was no formal legal education at this time, and the only requirement for a person to be
called to the Bar
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
was 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.
[Heward (1979), p. 13.] Thus, most of Murray's practical training came from reading the papers in Hamilton's chambers, and listening to
Lord Raymond speak in court
along with tutoring by
Thomas Denison on how to write
special pleadings.
Murray also studied various texts, including the French ''Ordinance de la Marine'' (a predecessor to the
Napoleonic Commercial Code), the works of
Bracton
Henry of Bracton (c. 1210 – c. 1268), also known as Henry de Bracton, Henricus Bracton, Henry Bratton, and Henry Bretton, was an English people, English Catholic priest, cleric and jurist.
He is famous now for his writings on law, particular ...
and
Littleton, and "crabbed and uncouth compositions" on
municipal law.
[Fifoot (1936), p. 29.]
Murray was called to the Bar on 23 November 1730, taking a set of chambers at 5 King's Bench Walk.
He was introduced to
Alexander Pope
Alexander Pope (21 May 1688 Old Style and New Style dates, O.S. – 30 May 1744) was an English poet, translator, and satirist of the Age of Enlightenment, Enlightenment era who is considered one of the most prominent English poets of the early ...
around this time, and through his friendship met members of the aristocracy, some of whom later became his clients, including
Sarah Churchill, Duchess of Marlborough.
Pope also taught him
orator
An orator, or oratist, is a public speaker, especially one who is eloquent or skilled.
Etymology
Recorded in English c. 1374, with a meaning of "one who pleads or argues for a cause", from Anglo-French ''oratour'', Old French ''orateur'' (14 ...
y, which helped him enormously in court.
His first two cases were in the English Court of Sessions in 1733, where he was led by
Charles Talbot and opposed by
Philip Yorke.
The support of Talbot and Yorke allowed him to gain a respectable practice in the
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...
.
[Fifoot (1936), p. 34.]
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 nephew
David 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.
The 1707
Acts of Union had merged the
Kingdom of England
The Kingdom of England was a sovereign state on the island of Great Britain from the late 9th century, when it was unified from various Heptarchy, Anglo-Saxon kingdoms, until 1 May 1707, when it united with Kingdom of Scotland, Scotland to f ...
and
Kingdom of Scotland
The Kingdom of Scotland was a sovereign state in northwest Europe, traditionally said to have been founded in 843. Its territories expanded and shrank, but it came to occupy the northern third of the island of Great Britain, sharing a Anglo-Sc ...
into one national entity, but they retained separate legal systems. However, the
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
became the highest court of appeal in both English and Scottish law and, as a result, from 1707 Scottish cases on appeal from the
Court of Session
The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...
were sent there. A barrister had to be familiar with both
Scottish and
English law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
to deal with these cases, and Murray found his niche acting in Scottish cases in the House of Lords as early as 1733.
[Plunkett (1956), p. 249.][Heward (1979), p. 14.] His work in ''Moncrieff v Moncrieff'' in 1734 established Murray as a brilliant young barrister praised for his performance by Lords
Cowper and
Parker.
After ''Moncrieff'', Murray was involved in almost every case in the House of Lords, whether it had been appealed from a Scottish court or not.
[Foss (1870), p. 470.]

In 1737, Murray acted as Counsel for the City of
Edinburgh
Edinburgh is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. The city is located in southeast Scotland and is bounded to the north by the Firth of Forth and to the south by the Pentland Hills. Edinburgh ...
in the aftermath of the death of
Captain 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.
[Heward (1979), p. 15.] 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.
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.
Porteous was initially sentenced to death for murder and, when the execution was delayed, a mob of citizens rushed the city jail and
lynched him.
As a result, a bill was proposed in the
House of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
that sought to punish the City of Edinburgh for the behaviour of its citizens by
disenfranchising the city.
[Heward (1979), p. 20.] Murray represented the City in both the House of Commons and the
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
, 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 the
Provost.
In exchange for his work, the citizens of Edinburgh gave him the
Freedom of the City and a diamond, which is still in the possession of his family.
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.
On 20 September 1738, he married Lady Elizabeth Finch, the daughter of
Daniel Finch, 2nd Earl of Nottingham, 7th Earl of Winchilsea and
Anne Hatton, at
Raby Castle, home of her sister
Duchess of Cleveland in
Durham.
[Heward (1979), p. 24.] Her other sisters included
Charlotte Seymour, Duchess of Somerset, Mary Ker, Duchess of Roxburghe, and Lady Mary who was married to
Thomas 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.
Murray's connection with the Marquess of Rockingham especially had a significant positive influence on his future career.
After a short holiday, Murray returned to his work as a barrister.
Member of Parliament
Murray had repeatedly refused to become a
Member of Parliament, saying he had no interest in politics.
[Heward (1979), p. 30.] In 1742, however, the government of Sir
Robert Walpole
Robert Walpole, 1st Earl of Orford (; 26 August 1676 – 18 March 1745), known between 1725 and 1742 as Sir Robert Walpole, was a British Whigs (British political party), Whig statesman who is generally regarded as the ''de facto'' first Prim ...
fell, and Murray's brother-in-law,
Daniel Finch, 8th Earl of Winchilsea, became
First Lord of the Admiralty in the new
Cabinet. With this added political influence, Murray hoped to be appointed to a government office, and when Sir
John Strange resigned as
Solicitor General, Murray was made a Member of Parliament for
Boroughbridge on 15 December 1742 and immediately succeeded Strange as Solicitor General.
Although the Solicitor General was the lowest legal appointment, a successful one could be appointed
Attorney General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
, and by custom, the Attorney General was allowed to become Lord Chief Justice if a vacancy arose.
Although many barristers were not good politicians, Murray became a successful Member of Parliament, and one noted for his oratorical skills and logical arguments.
In 1745, Murray defended the actions of the government in hiring 16,000
Hanoverian troops to help fight in the
War of the Austrian Succession
The War of the Austrian Succession was a European conflict fought between 1740 and 1748, primarily in Central Europe, the Austrian Netherlands, Italian Peninsula, Italy, the Atlantic Ocean and Mediterranean Sea. Related conflicts include King Ge ...
.
[Heward (1979), p. 31.] 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.
Murray became popular with both the government and
George II as a result, and in the absence of a strong Attorney General, Murray spoke for the government in most matters.
In 1747, he helped
Lord Hardwicke
Philip Yorke, 1st Earl of Hardwicke, (1 December 16906 March 1764) was an England, English lawyer and politician who served as Lord High Chancellor of Great Britain. He was a close confidant of the Duke of Newcastle, Prime Minister between 1 ...
write and pass an act to abolish the old hereditary positions in Scotland.
In 1751 he drafted the government response to an attempt by
Frederick the Great of
Prussia
Prussia (; ; Old Prussian: ''Prūsija'') was a Germans, German state centred on the North European Plain that originated from the 1525 secularization of the Prussia (region), Prussian part of the State of the Teutonic Order. For centuries, ...
to frustrate neutral shipping, which
William Scott, 1st Baron Stowell called "the foundation of the modern law of neutrality", and
Montesquieu
Charles Louis de Secondat, baron de La Brède et de Montesquieu (18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher.
He is the principal so ...
described it as a "résponse sans réplique" (response without a reply).
[Fifoot (1936), p. 37.]
The death of
Frederick, Prince of Wales, the heir to the British throne on 20 March 1751, caused constitutional chaos; George II wished to appoint his favourite son
Prince William, Duke of Cumberland, as Regent (since the heir apparent, Prince
George, was only a child), while the public favoured the child's mother
Princess Augusta.
[Heward (1979), p. 33.] In an attempt to reach a compromise the government introduced a bill to
Parliament
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
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.
Murray made a speech supporting the government's proposal, but despite this, Parliament was not convinced that a council was necessary.
On 6 March 1754, the Prime Minister
Henry Pelham died, and this necessitated a
Cabinet reshuffle. The
Attorney General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
, Sir
Dudley Ryder, became Lord Chief Justice of the King's Bench, and Murray became Attorney General in his place.
[Heward (1979), p. 40.] A few months later the
Master of the Rolls died, and Murray was asked to replace him; he declined, however, as he "did not want to leave His Majesty's service".
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.
He was accepted, and although his appointment delighted Murray, the government was very concerned at the loss of a good Attorney General.
[Heward (1979), p. 42.] In an attempt to persuade him to stay, the new Prime Minister,
Thomas Pelham-Holles, 1st Duke of Newcastle-upon-Tyne offered him the post of
Chancellor 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 a
peerage
A peerage is a legal system historically comprising various hereditary titles (and sometimes Life peer, non-hereditary titles) in a number of countries, and composed of assorted Imperial, royal and noble ranks, noble ranks.
Peerages include:
A ...
.
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.
Newcastle gave in, and promised to allow him to become Lord Chief Justice and to recommend him for a peerage.
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.
Murray was not suited to politics, as he was far too calculating and independent of thought to accept any one party's doctrine.
[Fifoot (1936), p. 38.] His Scottish and Jacobite roots also allowed for endless insinuation and controversy—in 1753 he was accused by
James Johnson Bishop of Gloucester
The Bishop of Gloucester is the Ordinary (officer), ordinary of the Church of England Diocese of Gloucester, England, Diocese of Gloucester in the Province of Canterbury.
The diocese covers the Gloucestershire, County of Gloucestershire and part ...
of "having drunk the health of the
Old Pretender on his knees".
Although the story was proven to be false, it embarrassed Murray, and was used to taunt him as late as 1770.
His rivalry with
William Pitt highlighted his unsuitability for politics—unlike such other politicians as Philip Yorke and
Edward Thurlow, he did not have the temperament to resist "the vehemence of Pitt's invective".
It was widely felt that he could have become
Prime Minister
A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
after the death of Henry Pelham, but it would have "set
is geniusin a false environment", and he declined all opportunities to return to politics except as Lord Chief Justice.
Lord Chief Justice
Anyone wishing to become a judge was required to be a
Serjeant-at-law, which Murray was not; as such, he left
Lincoln's Inn
The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...
to join
Serjeant's Inn.
[Heward (1979), p. 45.] He qualified as a Serjeant-at-law on 8 November 1756, and was sworn in as Lord Chief Justice at the house of the
Lord Chancellor
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
that evening.
Immediately afterwards he was created Baron Mansfield.
On 19 November, he was sworn in as a
Privy Counsellor.
He suspended his duties temporarily on 5 April 1757, when appointed
Chancellor of the Exchequer
The chancellor of the exchequer, often abbreviated to chancellor, is a senior minister of the Crown within the Government of the United Kingdom, and the head of HM Treasury, His Majesty's Treasury. As one of the four Great Offices of State, t ...
, 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.
He became a cabinet minister in 1757, still serving as Lord Chief Justice, and stayed until 1765.
Reform
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". The legal system had been put together in the period immediately after the
Norman conquest of England
The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Normans, Norman, French people, French, Flemish people, Flemish, and Bretons, Breton troops, all led by the Du ...
, and was completely unsuited to the 18th century, when Britain was "the greatest manufacturing and commercial country in the world". 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 submitting
motions.
[Heward (1979), p. 46.] Every day the court was in session, all barristers were invited to submit motions, in order of their seniority as barristers.
Because they were allowed to submit as many motions as they wanted, by the time junior
barrister
A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
s were allowed to submit their motions, it was normally the end of the day.
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.
In addition it meant that work for junior barristers was scarce, hindering their careers.
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.
At the time it was also traditional for all judgments to be
reserved
Reserved is a Polish apparel retailer headquartered in Gdańsk, Poland. It was founded in 1999 and remains the flagship brand of the LPP (company), LPP group, which has more than 2,200 retail stores located in over 38 countries and also owns su ...
.
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.
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.
This had a far-reaching effect on the English courts. Judges from the
Court of Appeal
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
and
High Court of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal (England and Wales), Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cour ...
now give reserved judgments in only a minority of cases. His reforms led to the Court of King's Bench becoming one of the most active courts, at the expense of the
Court of Common Pleas, which was described as the "sleepy hollow".
Mercantile law changes
In the eighteenth century, English
merchant law was still based on the ''
Lex mercatoria
(from Latin language, Latin for "merchant law"), often referred to as "the Law Merchant" in English, is the body of commercial law used by merchants throughout Europe during the Middle Ages, medieval period. It evolved similar to English common ...
'', a medieval series of customs and principles used to regulate trading.
[Heward (1979), p. 99.] 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.
A merchant was, by his very nature, international, and the inconsistencies between English law and the law of other nations made business difficult.
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".
[Heward (1979), p. 101.] 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.
The European principle was based on the assumption of good faith on the part of the merchants, or ''
uberrima fides
(sometimes seen in its Genitive case, genitive form ) is a Latin language, Latin phrase meaning "utmost good faith" (literally, "most abundant faith"). It is the name of a legal doctrine which governs insurance contracts. This means that all par ...
'', something completely lacking in English law.
In ''Carter v Boehm'', Mansfield got a chance to reform the law relating to the assumption of good faith. Carter was the Governor of
Fort Marlborough (now
Bengkulu), which was built by the British
East India Company
The East India Company (EIC) was an English, and later British, joint-stock company that was founded in 1600 and dissolved in 1874. It was formed to Indian Ocean trade, trade in the Indian Ocean region, initially with the East Indies (South A ...
in
Sumatra
Sumatra () is one of the Sunda Islands of western Indonesia. It is the largest island that is fully within Indonesian territory, as well as the list of islands by area, sixth-largest island in the world at 482,286.55 km2 (182,812 mi. ...
.
[Heward (1979), p. 102.] He took out an insurance policy with Boehm against the fort's being taken by a foreign enemy.
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.
Mansfield decided in favour of Boehm, saying that Carter had failed his duty of ''uberrima fides''. In his judgment Mansfield said that:
This was an attempt by Mansfield to introduce the assumption of good faith into English law,
and although it failed for the most part (as most areas of English commercial law no longer use ''uberrima fides''), it is still used in insurance contracts. 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.
In the earlier case of ''Pillans & Rose v Van Mierop & Hopkins'', Mansfield had tried to challenge the doctrine of
consideration
Consideration is a concept of English law, English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. It is commonly referred to a ...
.
[Heward (1979), p. 104.] In English law, consideration is a vital part of the contract; without valid consideration, almost any contract is void. But, Mansfield argued in his judgment that it should only be treated as evidence of a contract, not as a vital element.
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 for ''any'' contract.
His judgment has been much criticised by legal academics,
and was effectively overruled by the
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
in ''Rann v Hughes''
7787 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.
[Lowry (1973), p. 609.] He built up a special corps of these jurymen, some of whom, such as
Edward Vaux, became noted experts on commercial law. "Lord Mansfield's jurymen" acted as an effective liaison between the merchants and the courts.
Mansfield was personally a supporter of
free trade
Free trade is a trade policy that does not restrict imports or exports. In government, free trade is predominantly advocated by political parties that hold Economic liberalism, economically liberal positions, while economic nationalist politica ...
who was heavily influenced by
Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I.
Roman law also den ...
and ancient Roman and Greek writers such as
Cicero
Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, orator, writer and Academic skeptic, who tried to uphold optimate principles during the political crises tha ...
and
Xenophon
Xenophon of Athens (; ; 355/354 BC) was a Greek military leader, philosopher, and historian. At the age of 30, he was elected as one of the leaders of the retreating Ancient Greek mercenaries, Greek mercenaries, the Ten Thousand, who had been ...
.
In 1783, Mansfield heard the case of , 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 the
''Zong'' massacre. 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.
Copyright law
Mansfield made another notable judgment in , in relation to copyright law.
Andrew Millar was a bookseller who in 1729 had purchased the publishing rights to
James Thomson's poem "
The Seasons". After the term of the exclusive rights granted under the
Statute of Anne
The Statute of Anne, also known as the Copyright Act 1709 or the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), was an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for ...
expired, 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 perpetual
common law copyright, and therefore that no works can ever be considered
public domain
The public domain (PD) consists of all the creative work to which no Exclusive exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly Waiver, waived, or may be inapplicable. Because no one holds ...
.
[Heward (1979), p. 105.] 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.
Mansfield's judgment was finally overruled by the House of Lords in ''
Donaldson v Beckett'' in 1774.
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.
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.
Mansfield's judgement here has been seen as part of a wider agenda; along with other legal figures such as
Sir William Blackstone, he was personally in favour of a perpetual copyright.
Junius
In 1695 Parliament failed to renew the
Licensing Acts, and as a result, the press were free to print material attacking the government.
[Heward (1979), p. 125.] Although there were eight attempts to force a new Licensing Act through Parliament between 1697 and 1713, none of them succeeded.
Despite the freedom of the press from pre-censorship by the government, the judiciary regularly tried people for
seditious libel if they printed material attacking the government. From 21 November 1768, letters written by a man under the pseudonym of
Junius were published in the ''
Public Advertiser'', a London newspaper run by
Henry Sampson Woodfall.
[Heward (1979), p. 127.] In them, Junius attacked many political leaders, including
John Manners, Marquess of Granby
Lieutenant-general (United Kingdom), Lieutenant-General John Manners, Marquess of Granby (2 January 1721 – 18 October 1770) was a British Army officer and politician. The eldest son of John Manners, 3rd Duke of Rutland, as he did not outlive ...
and Mansfield. As his letters were wildly popular, the circulation of the ''Public Advertiser'' doubled in just five months.
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 Almon for selling them, and John Miller for republishing them.
Almon's case was heard at
Westminster Hall
Westminster Hall is a medieval great hall which is part of the Palace of Westminster in London, England. It was erected in 1097 for William II (William Rufus), at which point it was the largest hall in Europe. The building has had various functio ...
by 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.
[Heward (1979), p. 128.] Miller was tried on 13 July 1770, and after six hours of discussion, the jury found him innocent.
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.
On 14 November 1770, a letter by Junius directed at Mansfield was published by the ''Public Advertiser'' and the ''
London Evening Post'', a newspaper run by John Miller.
[Heward (1979), p. 129.] In it, Junius attacked Mansfield, first for being Scottish, then for being a lapsed
Jacobite, and finally for attempting to suppress the freedom of the press.
In a response to Junius' letter dated 16 November 1770, Mansfield made the following threat:
Although the
Attorney General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
,
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.
Mansfield was evidently correct, because other than a letter printed on 5 October 1771, Junius ceased to write at the beginning of 1772.
Somersett's Case

Mansfield is best known for his judgment in
Somersett's Case
''Somerset v Stewart'' (177298 ER 499(also known as ''Sommersett v Steuart'', Somersett's case, and the Mansfield Judgment) is a judgment of the English Court of King's Bench in 1772, relating to the right of an enslaved person on English soi ...
on the legality of keeping
slaves
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
in England.
[Heward (1979), p. 139.] The English had been involved in the
slave trade since 1553, and by 1768, ships registered in Liverpool, Bristol and London carried more than half the slaves shipped in the world.
James Somersett was a slave owned by
Charles Stewart, an American customs officer who sailed to Britain for business, landing on 10 November 1769.
A few days later Somersett attempted to escape. He was recaptured in November and imprisoned on the ship ''Ann and Mary'', owned by Captain John Knowles and bound for the British
colony of Jamaica
The Crown Colony of Jamaica and Dependencies was a British colony from 1655, when it was Invasion of Jamaica (1655), captured by the The Protectorate, English Protectorate from the Spanish Empire. Jamaica became a British Empire, British colon ...
. Stewart intended to sell him there.
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 of ''
habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
'', and Captain Knowles was ordered to produce Somersett before the Court of King's Bench, which would determine whether his imprisonment was legal.
Mansfield ordered a hearing for 22 January 1772. Following an adjournment, the case was not heard until 7 February 1772.
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.
[Heward (1979), p. 140.] An activist layman,
Granville Sharp
Granville Sharp (10 November 1735 – 6 July 1813) was an English scholar, philanthropist and one of the first campaigners for the Abolitionism in the United Kingdom, abolition of the slave trade in Britain. Born in Durham, England, Durham, he ...
, 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.
These lawyers included
William Davy SL,
John Glynn SL,
[Van Cleve (2006), p. 2.] James Mansfield and
Francis Hargrave, who was later to become a noted barrister based on his work in this case.
Charles Stewart was represented by
John Dunning and
James Wallace.
On behalf of Somersett, it was argued that while colonial laws might permit slavery, neither the common law of England, nor any law made by
Parliament
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
recognised the existence of slavery, and slavery was therefore illegal.
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.
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.
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.
After the attorneys for both sides had given their arguments, Mansfield called a recess, saying that "
he caserequired ...
consultation ... among the twelve Judges". 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 only positive law
Positive laws () are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''.
The concept of posit ...
, 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.[Heward (1979), p. 141.]
This was not an end to slavery, as this only confirmed it was illegal to transport a slave out of England and Wales against his or her will.
[Simon Schama, ''Rough Crossings'' (London: BBC Books, 2005), pp. 51–61.] Slavery also persisted in the rest of the
British Empire
The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...
.
As a result of the reporting of Mansfield's decision, public opinion and some newspapers gave the impression that slavery had been abolished by the ruling.
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.
However, it is questionable whether that many black people lived in England at the time, and most of them were already free men and women, or were runaway slaves who had evaded the authorities. The decision was vague enough to allow Africans to still be hunted and kidnapped in London, Liverpool and Bristol to be sold elsewhere. (Such an incident was recounted by
Olaudah Equiano in 1774 in his autobiography, ''An Interesting Narrative'' (1789).)
Mansfield believed that his decision meant that slavery continued, because his mixed-race great-niece
Dido Elizabeth Belle remained a slave in his household, until his 1793 will allowed her to be considered a free woman. (She had been born into slavery as the illegitimate daughter of his nephew in the West Indies but lived with him and his wife for 30 years.)
In addition, advertisements from the 1770s show that slaves continued to be bought and sold in England. Mansfield referred to slaves in his judgment in a later case. Although slavery was not completely abolished in the British Empire until 1834, Mansfield's decision is considered to have been a significant step in recognising the illegality of slavery.
Lord Mansfield's Rule
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." This quote comes from Mansfield's appellate decision in ''Goodright v Moss''. 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 that marriage creates a conclusive presumption of a husband's paternity of his wife's child.
House of Lords
After the formation of the
Fox-North Coalition, Mansfield agreed to act as
Speaker of the House of Lords, taking up his post in February 1783.
[Heward (1979), p. 162.] The main item of debate during the Coalition Ministry was the
East India Bill, which provoked bitter arguments in both the
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
and
House of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
.
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 the
Woolsack the next day.
The failure of the bill caused the government to be immediately dismissed, and Mansfield left his position on 23 December 1783.
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)
[Heward (1979), p. 163.] was in December 1783.
Retirement and death

Despite failing health, Mansfield refused to officially leave his post as Lord Chief Justice because
George III
George III (George William Frederick; 4 June 173829 January 1820) was King of Great Britain and King of Ireland, Ireland from 25 October 1760 until his death in 1820. The Acts of Union 1800 unified Kingdom of Great Britain, Great Britain and ...
was opposed to the appointment of Mansfield's protégé
Francis Buller to the position after Mansfield resigned.
[Foss (1870), p. 472.] The government of the time instead suggested
Lloyd Kenyon as 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.
[Heward (1979), p. 166.] This was not to be, and on 3 June, he wrote a letter of resignation effective the next day.
Mansfield spent the remainder of his life at
Kenwood House looked after by his nieces Lady Anne and Lady Marjory Murray and Dido Belle.
[Heward (1979), p. 168.] Most of his time was spent maintaining the grounds. When
Fanny Burney visited Kenwood in June 1792, she was unable to see Lord Mansfield, because he was too infirm and had not been downstairs for four years, she asked after Miss Murrays and left her respects but "Miss Murrays were upstairs with Lord Mansfield, whom they never left".
In the summer, he was visited by groups of
barrister
A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
s who informed him of the goings-on at court.
On 1 August 1792 he was made earl of Mansfield, in the County of
Middlesex
Middlesex (; abbreviation: Middx) is a Historic counties of England, former county in South East England, now mainly within Greater London. Its boundaries largely followed three rivers: the River Thames, Thames in the south, the River Lea, Le ...
. 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.
He went to bed early and remained asleep until 18 March, when he finally died.
His body was buried in the north
transept
A transept (with two semitransepts) is a transverse part of any building, which lies across the main body of the building. In cruciform ("cross-shaped") cruciform plan, churches, in particular within the Romanesque architecture, Romanesque a ...
of
Westminster Abbey
Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an Anglican church in the City of Westminster, London, England. Since 1066, it has been the location of the coronations of 40 English and British m ...
.
His monument at Westminster was commissioned by his nephew
David Murray, 2nd Earl of Mansfield. It was sculpted by
John Flaxman (by suggestion of Sir
William Hamilton).
Mansfield left a large amount of money after his death, including an estate worth £500,000 to his nephew now the 2nd Earl. He also gave £2,000 to
Francis Buller.
Legacy
English law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
saw significant changes during Mansfield's career.
[Heward (1979), p. 170.] 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.
He was also noted for his insistence that
equity should be applied by all courts, not just the
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...
, a view that provoked much disagreement during his lifetime, but was eventually confirmed by Parliament in the
Supreme Court of Judicature Act 1873, which allowed all courts to take cases of equity.
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 of
Oliver 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."
[Heward (1979), p. 171.] 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", leading
John Baker to describe him as "one of the boldest of judicial spirits".
His most important contributions were to commercial, merchant and common law.
Mansfield spent much time bringing the law of England on par with that of other countries, particularly in cases such as ''
Pillans & Rose v Van Mierop & Hopkins''
7653 Burr 1663, and ''
Carter v Boehm''
7663 Burr 1905.
As a result of his work, he was described by a later judge as "the founder of the commercial law of this country".
[Foss (1870) p. 471]
He was, however, criticised for his resistance to the
freedom of the press
Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic Media (communication), media, especially publication, published materials, shoul ...
and his refusal to go against the King,
as well as for blatant
nepotism
Nepotism is the act of granting an In-group favoritism, advantage, privilege, or position to Kinship, relatives in an occupation or field. These fields can include business, politics, academia, entertainment, sports, religion or health care. In ...
—highlighted by his attempts to have
Francis Buller made
Lord Chief Justice after his retirement.
He was also criticised as a politician for his support of a government antagonistic to the colonies; in 1829
John Quincy Adams
John Quincy Adams (; July 11, 1767 – February 23, 1848) was the sixth president of the United States, serving from 1825 to 1829. He previously served as the eighth United States secretary of state from 1817 to 1825. During his long diploma ...
described him as "more responsible for the
Revolution
In political science, a revolution (, 'a turn around') is a rapid, fundamental transformation of a society's class, state, ethnic or religious structures. According to sociologist Jack Goldstone, all revolutions contain "a common set of elements ...
than any other man". Scholars such as
John Chipman Gray have 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 of
real property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land i ...
".
Opinion over Mansfield's intention in his ruling in
Somerset's Case is mixed, with the current prevailing view being that he did not intend to free the slaves. 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.
[Van Cleve (2006), p. 4.] If Murray had wanted to emancipate the slaves completely, there were various bits of judicial precedent he could have based his decision on, such as ''
Smith v Gould'' or ''
Shanley v Harvey'', but he did not.
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. Various comments he made to Thomas Hutchinson in private letters, along with his comments about the ''Somersett'' decision in ''
R v Inhabitants of Thames Ditton'' also suggest that emancipation was not his goal. In the 1785 ''Inhabitants of Thames Ditton'' case, 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.
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.
[
]
Honours
Mansfield is immortalised in St Stephen's Hall, where he and other notable Parliamentarians look on at visitors to Parliament.["Architecture of the Palace – St Stephen's Hall"]
UK Parliament.[''The Illustrated London News,'' illustration accompanying "The New Houses of Parliament", 2 February 1856, p. 121.]
*In 1801 a large marble monument to him by John Flaxman was installed in Westminster Abbey
Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an Anglican church in the City of Westminster, London, England. Since 1066, it has been the location of the coronations of 40 English and British m ...
; it shows a seated Murray flanked by the personifications of Wisdom
Wisdom, also known as sapience, is the ability to apply knowledge, experience, and good judgment to navigate life’s complexities. It is often associated with insight, discernment, and ethics in decision-making. Throughout history, wisdom ha ...
and Justice
In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...
, with an inscription that reads:
*The town of Mansfield, Massachusetts
Mansfield is a New England town, town in Bristol County, Massachusetts, United States. As of the United States 2020 Census, the town population is 23,860. Mansfield is 23 miles southwest of Boston and is 22 miles northeast of Providence, Rhode Is ...
was named after him.
*Because of his reputation as a barrister, Lincoln's Inn
The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...
offer a series of scholarship for the Bar Vocational Course named the Lord Mansfield Scholarship.
*Mansfield has been portrayed as a character several times in television and film – in ''The Fight Against Slavery'' (1975) by John Richmond, ''The British'' (2012) by Timothy West, '' Belle'' (2013) by Tom Wilkinson and ''The Scandalous Lady W'' (2015) by David Calder.
Character
Mansfield was noted at the Bar, in Parliament, and while sitting as a judge, for his eloquence and skill as a speaker; in particular Philip Stanhope, 4th Earl of Chesterfield described him as "beyond comparison the best speaker" in the House of Commons. 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.[Heward (1979), p. 178.]
He was summarised by Gareth Jones as "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". Edmund Burke
Edmund Burke (; 12 January ew Style, NS1729 – 9 July 1797) was an Anglo-Irish Politician, statesman, journalist, writer, literary critic, philosopher, and parliamentary orator who is regarded as the founder of the Social philosophy, soc ...
, a contemporary, said that "he had some superiors in force, some equals in persuasion; but in ''insinuation'' he was without a rival. He excelled in the statement of a case. This, of itself, was worth the argument of any other man". The comment by Samuel Johnson
Samuel Johnson ( – 13 December 1784), often called Dr Johnson, was an English writer who made lasting contributions as a poet, playwright, essayist, moralist, literary critic, sermonist, biographer, editor, and lexicographer. The ''Oxford ...
that "Much may be made of a cotsman if he be caught young" was directed at Mansfield, and Johnson also described him as "more than a mere lawyer", while Edward Coke
Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras.
Born into a ...
, who is considered one of the most important lawyers in the history of English law, was "only a lawyer".
Unlike other barristers, Mansfield was noted for always keeping a cool head and being "prudent to the point of timidity". He was criticised for being "moderate and dispassionate", unlike more aggressive barristers such as Edward Coke
Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras.
Born into a ...
; 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". There are conflicting reports about his temperament and attitude as a judge; William Pitt described him as "a very bad judge, proud, haughty to the Bar and hasty in his determinations", and Charles Yorke said he was "offensive and unpopular".[Fifoot (1936), p. 48.] 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 of Lord Chancellor
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
at the time. Edward Foss said 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".[Foss (1870), p. 469.]
Mansfield has been called "the legal genius of his generation", and compared favourably with Joseph Story
Joseph Story (September18, 1779September10, 1845) was an American lawyer, jurist, and politician who served as an associate justice of the Supreme Court of the United States from 1812 to 1845. He is most remembered for his opinions in ''Martin ...
, a judge of the Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
noted for his brilliance.[Leslie (1957), p. 279.] Other Americans such as Julian S. Waterman, the founder of the University 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".[Waterman (1934), p. 549.]
In popular culture
In the 2013 film ''Belle'', Murray is portrayed by Tom Wilkinson.
In the 2015 film '' The Scandalous Lady W'', Murray is portrayed by David Calder.
See also
* List of cases involving Lord Mansfield
References
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External links
{{DEFAULTSORT:Mansfield, William Murray, 1st Earl Of
1705 births
1793 deaths
People from Perth, Scotland
Nobility from Perth and Kinross
18th-century English judges
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Black British history
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British MPs 1741–1747
British MPs 1747–1754
British MPs 1754–1761
Burials at Westminster Abbey
Chancellors of the Exchequer of Great Britain
Lord chief justices of England and Wales
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Murray, William
William
William is a masculine given name of Germanic languages, Germanic origin. It became popular in England after the Norman Conquest, Norman conquest in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle ...