View source for William Murray, 1st Earl of Mansfield

{{Short description|British barrister, politician and judge (1705–1793)}}
{{For|descendants of the first Lord Mansfield|Earl of Mansfield}}
{{Use British English|date=January 2015}}
{{Use dmy dates|date=November 2019}}
{{Good article}}
{{Infobox officeholder
| honorific-prefix = [[The Right Honourable]]
| name             = The Earl of Mansfield
| honorific-suffix = {{post-nominals|country=GBR|PC}}
| image            = William-Murray-1st-Earl-of-Mansfield.jpg
| caption          = Portrait of Mansfield by [[Jean-Baptiste van Loo]]
| office           = [[Lord Chief Justice of England and Wales|Lord Chief Justice of the King's Bench]]
| term_start       = 8 November 1756
| term_end         = 4 June 1788
| primeminister    = [[Thomas Pelham-Holles, 1st Duke of Newcastle-upon-Tyne|The Duke of Newcastle]]
| predecessor      = [[Dudley Ryder (judge)|Sir Dudley Ryder]]
| successor        = [[Lloyd Kenyon, 1st Baron Kenyon|Lord Kenyon]]
| office2          = [[Lord Speaker]]
| term_start2      = February 1783
| term_end2        = 23 December 1783
| primeminister2   = [[William Cavendish-Bentinck, 3rd Duke of Portland|The Duke of Portland]]
| predecessor2     = [[Edward Thurlow, 1st Baron Thurlow|The Lord Thurlow]] as [[Lord Chancellor]]
| successor2       = [[Edward Thurlow, 1st Baron Thurlow|The Lord Thurlow]] as [[Lord Chancellor]]
| office3          = [[Chancellor of the Exchequer]]
| term_start3      = 5 April 1757
| term_end3        = 8 April 1757
| primeminister3   = [[Thomas Pelham-Holles, 1st Duke of Newcastle-upon-Tyne|The Duke of Newcastle]]
| predecessor3     = [[Henry Bilson Legge]]
| successor3       = [[Henry Bilson Legge]]
| office4          = [[Attorney General for England and Wales]]
| term_start4      = 6 March 1754
| term_end4        = 8 November 1756
| primeminister4   = [[Thomas Pelham-Holles, 1st Duke of Newcastle-upon-Tyne|The Duke of Newcastle]]
| predecessor4     = [[Dudley Ryder (judge)|Sir Dudley Ryder]]
| successor4       = [[Robert Henley, 1st Earl of Northington|Sir Robert Henley]]
| office5          = [[Solicitor General for England and Wales]]
| term_start5      = 15 December 1742
| term_end5        = 6 March 1754
| primeminister5   = [[Spencer Compton, 1st Earl of Wilmington|The Earl of Wilmington]]
| predecessor5     = [[John Strange (English politician)|Sir John Strange]]
| successor5       = [[Richard Lloyd (died 1761)|Sir Richard Lloyd]]
| birth_date       = {{birth date|1705|3|2|df=y}}
| birth_place      = [[Scone Palace]], [[Perthshire]]
| death_date       = {{death date and age|1793|3|20|1705|3|2|df=y}}
| death_place      = [[Kenwood House]], [[London]]
| resting_place    = [[Westminster Abbey]]
| party            = 
| spouse           = Elizabeth Finch
| parents          = [[David Murray, 5th Viscount of Stormont]] <br /> Margaret Murray
| residence        = [[Kenwood House]]
| alma_mater       = [[Christ Church, Oxford]]
}}

'''William Murray, 1st Earl of Mansfield''', {{post-nominals|country=GBR|size=100%|PC}} (2 March 1705 – 20 March 1793), was a British judge, politician, lawyer, and peer best known for his reforms to [[English law]]. Born in [[Scone Palace]], [[Perthshire]], to a family of [[Peerage of Scotland|Scottish nobility]], he was educated in [[Perth, Scotland|Perth]] before moving to [[London]] at the age of 13 to study at [[Westminster School]]. Accepted into [[Christ Church, Oxford]], in May 1723, Mansfield graduated four years later and returned to London, where he was he was [[called to the Bar]] by [[Lincoln's Inn]] in November 1730 and quickly gained a reputation as an excellent [[barrister]].

He became involved in British politics in 1742, beginning with his election to the [[House of Commons of Great Britain|House of Commons]] as a [[Member of Parliament (UK)|Member of Parliament]] for [[Boroughbridge (UK Parliament constituency)|Boroughbridge]] and appointment as [[Solicitor General for England and Wales|Solicitor General]]. In the absence of a strong [[Attorney General for England and Wales|Attorney 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".<ref name="hew13"/> With the promotion of [[Dudley Ryder (judge)|Sir Dudley Ryder]] to [[Lord Chief Justice of England and Wales|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]] and moved the country onto the path to [[Abolitionism in the United Kingdom|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 [[Motion (legal)|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]]'' where he held that [[slavery]] had no basis in [[common law]] and had never been established by [[positive law]] in England, and therefore was not binding in law.<ref name=":1">Norman S. Poser, ''Lord Mansfield: Justice in the Age of Reason'' (2013).</ref> Though the judgement did not explicitly outlaw slavery in either Britain or [[British Empire|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.<ref>Richard Reddie, ''Abolition! The Struggle to Abolish Slavery in the British Colonies'' (Oxford: Lion Hudson, 2007), p. 142.</ref><ref>James Walvin, ''The Black Presence'' (London: 1971), pp. 25–7.</ref>

==Early life and education==

Murray was born on 2 March 1705, at [[Scone Palace]] in [[Perthshire]], [[Kingdom of Scotland|Scotland]], the fourth son of the [[David Murray, 5th Viscount of Stormont|5th Viscount of Stormont]] and his wife Margaret<ref name="west">{{cite web |title=William Murray, Lord Mansfield |url=http://www.westminster-abbey.org/our-history/people/william-murray,-lord-mansfield |url-status=live |archive-url=https://web.archive.org/web/20201212150438/https://www.westminster-abbey.org/abbey-commemorations/commemorations/william-murray-lord-mansfield |archive-date=12 December 2020 |access-date=25 April 2009 |publisher=[[Westminster Abbey]]}}</ref> as one of eleven children.<ref>{{cite web |title=William Murray (Lord Mansfield) 1705–1793 |url=http://law.wlu.edu/faculty/history/brockenbrough/mansfield.htm |url-status=dead |archive-url=https://web.archive.org/web/20111020215717/http://law.wlu.edu/faculty/history/brockenbrough/mansfield.htm |archive-date=20 October 2011 |access-date=25 April 2009 |publisher=[[Washington and Lee University]]}}</ref><ref name="shaw1">Shaw (1926), p. 2.</ref> Both his parents were strong supporters of the [[Jacobitism|Jacobite]] cause,<ref name="hew1">Heward (1979), p. 2.</ref><ref name="p1">Plunkett (1956), p. 248.</ref> and his older brother [[James Murray (Jacobite Earl of Dunbar)|James]] followed "[[James Francis Edward Stuart|The Old Pretender]]" into exile, this left the family's finance relatively impoverished.<ref name="fif1">Fifoot (1936), p. 27.</ref> The Jacobite sympathies of Murray's family were glossed over by contemporaries, who claimed that he had been educated at [[King Edward VI School (Lichfield)|Lichfield Grammar School]] with many other members of the English judiciary.<ref name="fif1"/> This was incorrect, as Murray was educated at [[Perth Grammar School]],<ref name="shaw1"/> where he was taught [[Latin language|Latin]], English grammar, and essay writing skills.<ref name="hew1"/><ref name="foss1"/> 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.<ref name="hew2">Heward (1979), p. 3.</ref> While at Perth Grammar School, it became apparent that Murray was particularly intelligent.  In 1718, his father and older brother, [[James Murray (Jacobite Earl of Dunbar)|James]], decided to send him to [[Westminster School]] as James knew the Dean, [[Francis Atterbury]].<ref name="hew2"/>Thirteen year old Murray travelled alone with a pony given by his father, The distance from Perth to London was around {{convert|400|mi|km}}, and the journey took Murray 54 days.<ref name="cr1">Heward (1979), p. 4.</ref><ref name=":1" /> Murray flourished at Westminster and was made a [[King's Scholar]] on 21 May 1719.<ref name="cr1"/>

After an examination in May 1723, Murray was accepted into [[Christ Church, Oxford]], having scored higher in the examination than any other King's Scholar that year.<ref name="foss1"/><ref name="hew3">Heward (1979), p. 7.</ref> He was admitted as a [[commoner]] on 15 June 1723, and [[Matriculation|matriculated]] on 18 June.  The records say that he came from [[Bath, Somerset|Bath]] rather than Perth, as the person recording the names of the new students was unable to understand his Scottish accent.<ref name="hew3"/> His older brother, James, was an [[advocate]] 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 association|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.<ref name="hew4">Heward (1979), p. 8.</ref> Thanks to the patronage of [[Thomas Foley, 1st Baron Foley (1673–1733)|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]] on 23 April 1724.<ref name="p1"/><ref name="hew4"/>

After [[George I of Great Britain|George I]] died on 11 June 1727, Murray entered and won a competition to write a Latin poem titled "The Death of the King".<ref name="hew5">Heward (1979), p. 9.</ref> His actions were seen as a show of support for the [[House of Hanover]] and the political ''[[status quo]]'', something odd considering the strong [[Jacobitism|Jacobite]] sympathies of his family.<ref name="hew5"/> He probably did this because, having no private income, he wished to secure patronage to help him advance politically.<ref name="hew5"/> Another entrant was [[William Pitt, 1st Earl of Chatham|William Pitt]], who was a constant rival to Murray until Pitt's death in 1778.<ref name="fif2">Fifoot (1936), p. 28.</ref> 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]].<ref name="hew6">Heward (1979), p. 10.</ref> He also became fluent in Latin, translating [[Cicero]]'s works into English and then back into Latin.<ref name="fif2"/> He gained his [[Bachelor of Arts]] degree in 1727, and travelled to London to train as a barrister.<ref name="hew6"/>

==Family life==
[[File:Dido Elizabeth Belle.jpg|thumb|[[Dido Belle]] (left) and [[Lady Elizabeth Murray]] (right)]]
Murray married Lady Elizabeth Finch, youngest daughter of [[Daniel Finch, 2nd Earl of Nottingham|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, 2nd Earl of Mansfield|David Murray, 7th Viscount Stormont]], after her mother died. When Mansfield's other nephew, [[John Lindsay (Royal Navy officer)|Sir John Lindsay]], returned to Britain in 1765 following the [[Seven Years' War]] 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.<ref>{{Cite web |title=Wayback Machine |url=http://sharonlathanauthor.com/wp-content/uploads/Dido-Elizabeth-Belle_-a-black-girl-at-Kenwood.pdf |access-date=2023-09-11 |archive-url=https://web.archive.org/web/20200324010206/http://sharonlathanauthor.com/wp-content/uploads/Dido-Elizabeth-Belle_-a-black-girl-at-Kenwood.pdf |archive-date=24 March 2020 }}</ref>

Mansfield also helped mentor his nephew and heir, [[David Murray, 2nd Earl of Mansfield|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.<ref name=":0">{{Cite book |last=Poser |first=Norman S. |url=http://archive.org/details/lordmansfieldjus0000pose |title=Lord Mansfield : justice in the age of reason |date=2013 |publisher=Montreal & Kingston; Ithaca : McGill-Queen's University Press |others=Internet Archive |isbn=978-0-7735-4183-2}}</ref>

==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.<ref name="hew7">Heward (1979) p. 12</ref> 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]] at No. 1 Old Square.<ref name="hew7"/><ref name="fif3"/>  There was no formal legal education at this time, and the only requirement for a person to be [[called to the Bar]] 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.<ref name="hew8">Heward (1979), p. 13.</ref> Thus, most of Murray's practical training came from reading the papers in Hamilton's chambers, and listening to [[Robert Raymond, 1st Baron Raymond|Lord Raymond]] speak in court<ref name="hew8"/> along with tutoring by [[Thomas Denison]] on how to write [[Special pleader|special pleadings]].<ref name="fif3"/> Murray also studied various texts, including the French ''Ordinance de la Marine'' (a predecessor to the [[Napoleonic code|Napoleonic Commercial Code]]), the works of [[Henry de Bracton|Bracton]] and [[Thomas de Littleton|Littleton]], and "crabbed and uncouth compositions" on [[municipal law]].<ref name="fif3">Fifoot (1936), p. 29.</ref>

Murray was called to the Bar on 23 November 1730, taking a set of chambers at 5 King's Bench Walk.<ref name="hew8"/> He was introduced to [[Alexander Pope]] 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]].<ref name="hew8"/> Pope also taught him [[orator]]y, which helped him enormously in court.<ref name="hew8"/> His first two cases were in the English Court of Sessions in 1733, where he was led by [[Charles Talbot, 1st Baron Talbot|Charles Talbot]] and opposed by [[Philip Yorke, 1st Earl of Hardwicke|Philip Yorke]].<ref name="fif4"/> The support of Talbot and Yorke allowed him to gain a respectable practice in the [[Court of Chancery]].<ref name="fif4">Fifoot (1936), p. 34.</ref>

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, 2nd Earl of Mansfield|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.<ref name=":1" /><!-- page 46 -->

The 1707 [[Acts of Union 1707|Acts of Union]] had merged the [[Kingdom of England]] and [[Kingdom of Scotland]] into one national entity, but they retained separate legal systems. However, the [[Judicial functions of the House of Lords|House of Lords]] 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 (Scotland)|Court of Session]] were sent there. A barrister had to be familiar with both [[Scottish Law|Scottish]] and [[English law]] to deal with these cases, and Murray found his niche acting in Scottish cases in the House of Lords as early as 1733.<ref name="p2">Plunkett (1956), p. 249.</ref><ref name="hew9">Heward (1979), p. 14.</ref> His work in ''Moncrieff v Moncrieff'' in 1734 established Murray as a brilliant young barrister praised for his performance by Lords [[William Cowper, 1st Earl Cowper|Cowper]] and [[Thomas Parker, 1st Earl of Macclesfield|Parker]].<ref name="hew9"/> 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.<ref name="hew9"/><ref name="foss2">Foss (1870), p. 470.</ref>
[[File:Lady Elizabeth and Lady Henrietta Finch.jpg|thumb|right|Lady Elizabeth Finch (Later Countess of Mansfield) (left) and her sister [[William FitzRoy, 3rd Duke of Cleveland|Lady Henrietta, Duchess of Cleveland]] (right).]]
In 1737, Murray acted as Counsel for the City of [[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.<ref name="hew10">Heward (1979), p. 15.</ref> 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.<ref name="hew10"/> 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.<ref name="hew10"/> 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.<ref name="hew10"/>

As a result, a bill was proposed in the [[House of Commons of the United Kingdom|House of Commons]] that sought to punish the City of Edinburgh for the behaviour of its citizens by [[Disfranchisement|disenfranchising]] the city.<ref name="hew11">Heward (1979), p. 20.</ref> Murray represented the City in both the House of Commons and the [[House 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 the [[Provost (civil)|Provost]].<ref name="hew11"/> 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.<ref name="foss2"/><ref name="hew11"/> 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.<ref>Heward (1979), p. 23.</ref>

On 20 September 1738, he married Lady Elizabeth Finch, the daughter of [[Daniel Finch, 2nd Earl of Nottingham|Daniel Finch, 2nd Earl of Nottingham, 7th Earl of Winchilsea]] and [[Anne Finch, Countess of Nottingham|Anne Hatton]], at [[Raby Castle]], home of her sister [[William FitzRoy, 3rd Duke of Cleveland|Duchess of Cleveland]] in [[Durham, England|Durham]].<ref name="hew12">Heward (1979), p. 24.</ref> Her other sisters included [[Charles Seymour, 6th Duke of Somerset|Duchess of Somerset]], [[John Ker, 1st Duke of Roxburghe|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.<ref name=":0" /> Murray's connection with the Marquess of Rockingham especially had a significant positive influence on his future career.<ref name="hew12"/> After a short holiday, Murray returned to his work as a barrister.<ref name="hew12"/>

==Member of Parliament==
[[File:Lord Mansfield.JPG|left|thumb|Murray circa 1737; portrait by [[John Giles Eccardt]] assistant of Jean-Baptiste van Loo.]]
Murray had repeatedly refused to become a [[Member of Parliament (UK)|Member of Parliament]], saying he had no interest in politics.<ref name="hew13">Heward (1979), p. 30.</ref> In 1742, however, the government of [[Robert Walpole|Sir Robert Walpole]] fell, and Murray's brother-in-law, the [[Daniel Finch, 8th Earl of Winchilsea|Earl of Nottingham]], became [[First Lord of the Admiralty]] in the new [[Cabinet (government)|Cabinet]]. With this added political influence, Murray hoped to be appointed to a government office, and when [[John Strange (English politician)|Sir John Strange]] resigned as [[Solicitor General for England and Wales|Solicitor General]], Murray was made a Member of Parliament for [[Boroughbridge (UK Parliament constituency)|Boroughbridge]] on 15 December 1742 and immediately succeeded Strange as Solicitor General.<ref name="hew13"/><ref name="p2"/>

Although the Solicitor General was the lowest legal appointment, a successful one could be appointed [[Attorney General for England and Wales|Attorney General]], and by custom, the Attorney General was allowed to become Lord Chief Justice if a vacancy arose.<ref name="hew13"/> Although many barristers were not good politicians, Murray became a successful Member of Parliament, and one noted for his oratorical skills and logical arguments.<ref name="hew13"/><ref name="foss2"/>

In 1745, Murray defended the actions of the government in hiring 16,000 [[Electorate of Hanover|Hanoverian]] troops to help fight in the [[War of the Austrian Succession]].<ref name="hew14">Heward (1979), p. 31.</ref> 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.<ref name="hew14"/> Murray became popular with both the government and [[George II of Great Britain|George II]] as a result, and in the absence of a strong Attorney General, Murray spoke for the government in most matters.<ref name="hew14"/> In 1747, he helped [[Philip Yorke, 1st Earl of Hardwicke|Lord Hardwicke]] write and pass an act to abolish the old hereditary positions in Scotland.<ref name="hew14"/> In 1751 he drafted the government response to an attempt by the King of [[Prussia]] to frustrate neutral shipping, which [[William Scott, 1st Baron Stowell|Lord Stowell]] called "the foundation of the modern law of neutrality", and [[Charles de Secondat, baron de Montesquieu|Montesquieu]] described it as a "résponse sans réplique" (response without a reply).<ref name="fif5">Fifoot (1936), p. 37.</ref>

The death of [[Frederick, Prince of Wales|Frederick]], 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, [[George III of the United Kingdom|George III]], was only a child), while the public favoured the child's mother [[Princess Augusta of Saxe-Gotha|Princess Augusta]].<ref name="hew15">Heward (1979), p. 33.</ref> 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.<ref name="hew15"/> Murray made a speech supporting the government's proposal, but despite this, Parliament was not convinced that a council was necessary.<ref name="hew15"/>

On 6 March 1754, the Prime Minister [[Henry Pelham]] died, and this necessitated a [[Cabinet (government)|Cabinet]] reshuffle. The [[Attorney General for England and Wales|Attorney General]], [[Dudley Ryder (judge)|Sir Dudley Ryder]], became Lord Chief Justice of the King's Bench, and Murray became Attorney General in his place.<ref name="p2"/><ref name="foss2"/><ref name="hew16">Heward (1979), p. 40.</ref> 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".<ref name="hew16"/> 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.<ref name="p2"/><ref name="hew16"/>

He was accepted, and although his appointment delighted Murray, the government was very concerned at the loss of a good Attorney General.<ref name="hew17">Heward (1979), p. 42.</ref> In an attempt to persuade him to stay, the new Prime Minister, the [[Thomas Pelham-Holles, 1st Duke of Newcastle-upon-Tyne|Duke of Newcastle]] 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]].<ref name="hew17"/> 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.<ref name="hew17"/> Newcastle gave in, and promised to allow him to become Lord Chief Justice and to recommend him for a peerage.<ref name="hew17"/>

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.<ref name="fif5"/> Murray was not suited to politics, as he was far too calculating and independent of thought to accept any one party's doctrine.<ref name="fif6">Fifoot (1936), p. 38.</ref> 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 the [[James Francis Edward Stuart|Old Pretender]] on his knees".<ref name="fif6"/> Although the story was proven to be false, it embarrassed Murray, and was used to taunt him as late as 1770.<ref name="fif6"/> His rivalry with [[William Pitt, 1st Earl of Chatham|William Pitt]] highlighted his unsuitability for politics—unlike such other politicians as [[Philip Yorke, 1st Earl of Hardwicke|Philip Yorke]] and [[Edward Thurlow, 1st Baron Thurlow|Edward Thurlow]], he did not have the temperament to resist "the vehemence of Pitt's invective".<ref name="fif6"/> It was widely felt that he could have become [[Prime Minister of the United Kingdom|Prime Minister]] after the death of [[Henry 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.<ref name="fif6"/>

==Lord Chief Justice==
[[File:William Murray, 1st Earl of Mansfield by John Singleton Copley.jpg|thumb|left|''[[Portrait of Lord Mansfield]]''. Murray in his [[Privilege of peerage#Parliament robes|parliamentary robes]] as an earl, by [[John Singleton Copley]] 1783]]
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]] to join [[Serjeant's Inn]].<ref name="hew18">Heward (1979), p. 45.</ref> 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]] that evening.<ref name="hew18"/> Immediately afterwards he was created Baron Mansfield.<ref name="hew18"/>

On 19 November, he was sworn in as a [[Privy Council (United Kingdom)|Privy Counsellor]].<ref name="odnb">{{cite ODNB |url=http://oxforddnb.com/view/article/19655?docPos=6 |title=Oxford DNB article: Murray, William (subscription needed) |volume=1 |year=2004 |access-date=2 March 2009 |doi=10.1093/ref:odnb/19655 |last1=Oldham |first1=James}}</ref> He suspended his duties temporarily on 5 April 1757, when appointed [[Chancellor 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.<ref name="hew18"/> He became a cabinet minister in 1757, still serving as Lord Chief Justice, and stayed until 1765.<ref>Fifoot (1936), p. 40.</ref>

===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".<ref>Lowry (1973), p. 605.</ref> The legal system had been put together in the period immediately after the [[Norman conquest of England]], and was completely unsuited to the 18th century, when Britain was "the greatest manufacturing and commercial country in the world".<ref>Lowry (1973), p. 606.</ref> 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 [[Motion (legal)|motions]].<ref name="hew19">Heward (1979), p. 46.</ref> Every day the court was in session, all barristers were invited to submit motions, in order of their seniority as barristers.<ref name="hew19"/> Because they were allowed to submit as many motions as they wanted, by the time junior [[barrister]]s were allowed to submit their motions, it was normally the end of the day.<ref name="hew19"/> 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.<ref name="hew19"/> In addition it meant that work for junior barristers was scarce, hindering their careers.<ref name="hew19"/> 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.<ref name="hew19"/>

At the time it was also traditional for all judgments to be [[Reserved decision|reserved]].<ref name="hew19"/> 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.<ref name="hew19"/> 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.<ref name="hew19"/> This had a far-reaching effect on the English courts. Judges from the [[Court of Appeal of England and Wales|Court of Appeal]] and [[High Court of Justice]] now give reserved judgments in only a minority of cases.<ref>Heward (1979), p. 47.</ref> 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 (England)|Court of Common Pleas]], which was described as the "sleepy hollow".<ref>Baker (2002), p. 50.</ref>

===Mercantile law changes===
In the eighteenth century, English [[commercial law|merchant law]] was still based on the ''[[Lex mercatoria]]'', a medieval series of customs and principles used to regulate trading.<ref name="hew20">Heward (1979), p. 99.</ref> 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.<ref name="hew20"/> A merchant was, by his very nature, international, and the inconsistencies between English law and the law of other nations made business difficult.<ref name="hew20"/>

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".<ref name="hew21">Heward (1979), p. 101.</ref> 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.<ref name="hew21"/> The European principle was based on the assumption of good faith on the part of the merchants, or ''[[uberrima fides]]'', something completely lacking in English law.<ref name="hew21"/> In {{cite CommonLII|litigants=Carter v Boehm|link=Carter v Boehm|reporter=ER|year=1746|num=89|volume=96|firstpage=342|parallelcite=3 Burr 1905}}, 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]] in [[Sumatra]], [[Indonesia]].<ref name="hew22">Heward (1979), p. 102.</ref> He took out an insurance policy with Boehm against the fort's being taken by a foreign enemy.<ref name="hew22"/> 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.<ref name="hew22"/>

Mansfield decided in favour of Boehm, saying that Carter had failed his duty of ''uberrima fides''. In his judgment Mansfield said that:
<blockquote>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.<ref name="hew23">Heward (1979), p. 103.</ref></blockquote> This was an attempt by Mansfield to introduce the assumption of good faith into English law,<ref name="hew23"/> 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.<ref>{{cite web|url=https://publications.parliament.uk/pa/ld200001/ldjudgmt/jd010118/manife-1.htm|title=House of Lords – Manifest Shipping Company Limited v. Uni-Polaris Shipping Company Limited and Others|publisher=House of Lords Information Office|access-date=3 March 2009}}</ref> 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.<ref>Butcher (2008), p. 380.</ref>

In the earlier case of {{cite CommonLII|litigants=Pillans & Rose v Van Mierop & Hopkins|link=Pillans v Van Mierop|reporter=ER|year=1765|num=40|volume=97|firstpage=1035|parallelcite=3 Burr 1663}}, Mansfield had tried to challenge the doctrine of [[Consideration in English law|consideration]].<ref name="hew24">Heward (1979), p. 104.</ref> In English law, consideration is a vital part of the contract; without valid consideration, almost any contract is void.<ref>McKendrick (2007), p. 87.</ref> But, Mansfield argued in his judgment that it should only be treated as evidence of a contract, not as a vital element.<ref name="hew24"/> 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.<ref name="hew24"/> His judgment has been much criticised by legal academics,<ref name="hew24"/> and was effectively overruled by the [[Judicial functions of the House of Lords|House of Lords]] in ''Rann 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.<ref name="law1">Lowry (1973), p. 609.</ref> 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.<ref name="law1"/> Mansfield was personally a supporter of [[free trade]] who was heavily influenced by [[Roman law]] and ancient Roman and Greek writers such as [[Cicero]] and [[Xenophon]].<ref name="law1"/>

In 1783, Mansfield heard the case of {{cite CommonLII|litigants=Gregson v. Gilbert|link=Gregson v. Gilbert|reporter=ER|year=1783|num=85|volume=99|firstpage=629|parallelcite=3 Doug 232}}, 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|''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.<ref>Krikler (2007), pp. 36–7, 43.</ref>

===Copyright law===
Mansfield made another notable judgment in {{cite CommonLII|litigants=Millar v Taylor|link=Millar v Taylor|reporter=ER|year=1769|num=44|volume=98|firstpage=201|parallelcite=4 Burr 2303|date=20 April 1769}}, in relation to copyright law.<ref name="hew25"/> [[Andrew Millar]] was a bookseller who in 1729 had purchased the publishing rights to [[James Thomson (poet, born 1700)|James Thomson]]'s poem "[[The Seasons (Thomson poem)|The Seasons]]". After the term of the exclusive rights granted under the [[Statute of Anne]] 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]].<ref name="hew25">Heward (1979), p. 105.</ref> 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.<ref name="hew25"/> Mansfield's judgment was finally overruled by the House of Lords in ''[[Donaldson v Beckett]]'' in 1774.<ref name="hew25"/>

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.<ref name="hew25"/> 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.<ref name="penn">{{cite web|url=http://www.law.upenn.edu/about/history/medallions/mansfield/index.html|title=History of Penn Law – medallions and inscriptions|publisher=[[University of Pennsylvania]]|access-date=25 April 2009|archive-url=https://web.archive.org/web/20081024124321/http://www.law.upenn.edu/about/history/medallions/mansfield/index.html|archive-date=24 October 2008|url-status = dead}}</ref> Mansfield's judgement here has been seen as part of a wider agenda; along with other legal figures such as [[William Blackstone|Sir William Blackstone]], he was personally in favour of a perpetual copyright.<ref>Cornish (2009), p. 9.</ref>

===Junius===
In 1695 Parliament failed to renew the [[Licensing Order of 1643|Licensing Acts]], and as a result, the press were free to print material attacking the government.<ref name="hew26">Heward (1979), p. 125.</ref> Although there were eight attempts to force a new Licensing Act through Parliament between 1697 and 1713, none of them succeeded.<ref name="hew26"/> 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.<ref>Heward (1979), p. 126.</ref> From 21 November 1768, letters written by a man under the pseudonym of [[Junius (writer)|Junius]] were published in the ''[[Public Advertiser]]'', a London newspaper run by [[Henry Sampson Woodfall]].<ref name="hew27">Heward (1979), p. 127.</ref> In them, Junius attacked many political leaders, including [[John Manners, Marquess of Granby|Lord Granby]] and Mansfield. As his letters were wildly popular, the circulation of the ''Public Advertiser'' doubled in just five months.<ref name="hew27"/>

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.<ref name="hew27"/> Almon's case was heard at [[Westminster Hall]] 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.<ref name="hew28">Heward (1979), p. 128.</ref> Miller was tried on 13 July 1770, and after six hours of discussion, the jury found him innocent.<ref name="hew28"/> 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.<ref name="hew28"/>

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.<ref name="hew29">Heward (1979), p. 129.</ref> In it, Junius attacked Mansfield, first for being Scottish, then for being a lapsed [[Jacobitism|Jacobite]], and finally for attempting to suppress the freedom of the press.<ref name="hew29"/> 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."<ref>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).</ref>
Although the [[Attorney General for England and Wales|Attorney General]], [[William de Grey, 1st Baron Walsingham|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.<ref name="hew29"/> Mansfield was evidently correct, because other than a letter printed on 5 October 1771, Junius ceased to write at the beginning of 1772.<ref name="hew29"/>

===Somersett's Case===
[[File:Francis Hargrave.jpg|thumb|[[Francis Hargrave]], who represented James Somersett in this case]]
Mansfield is best known for his judgment in [[Somersett's Case]] on the legality of keeping [[Slavery|slaves]] in England.<ref name="hew30">Heward (1979), p. 139.</ref><ref name="foss3"/> The English had been involved in the [[Atlantic slave trade|slave trade]] since 1553, and by 1768, ships registered in Liverpool, Bristol and London carried more than half the slaves shipped in the world.<ref name="hew30"/> [[James Somersett]] was a slave owned by [[Charles Stewart (customs official)|Charles Stewart]], an American customs officer who sailed to Britain for business, landing on 10 November 1769.<ref name="hew30"/> 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]]. Stewart intended to sell him there.<ref name="hew30"/> 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]]'', and Captain Knowles was ordered to produce Somersett before the Court of King's Bench, which would determine whether his imprisonment was legal.<ref name="hew30"/>

Mansfield ordered a hearing for 22 January 1772. Following an adjournment, the case was not heard until 7 February 1772.<ref name="hew30"/> 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.<ref name="hew31">Heward (1979), p. 140.</ref> 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.<ref name="hew31"/> These lawyers included [[William Davy (lawyer)|William Davy]] [[Serjeant-at-law|SL]], [[John Glynn]] SL,<ref name="vc1">Van Cleve (2006), p. 2.</ref> [[James Mansfield]] and [[Francis Hargrave]], who was later to become a noted barrister based on his work in this case.<ref name="hew31"/> Charles Stewart was represented by [[John Dunning, 1st Baron Ashburton|John Dunning]] and [[James Wallace (British politician)|James Wallace]].<ref name="vc1"/>

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 of Great Britain|Parliament]] recognised the existence of slavery, and slavery was therefore illegal.<ref name="hew31"/> 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.<ref name="hew31"/> 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.<ref name="hew31"/> 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.<ref name="hew31"/>

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".<ref>Van Cleve (2006), p. 3.</ref> 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:

<blockquote>
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]], 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.<ref name="hew32">Heward (1979), p. 141.</ref>
</blockquote>

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.<ref name="Simon Schama 2005 pp. 51">Simon Schama, ''Rough Crossings'' (London: BBC Books, 2005), pp. 51–61.</ref><ref>James Walvin, ''The Black Presence'' (London: 1971), pp. 25-7.</ref> Slavery also persisted in the rest of the [[British Empire]].<ref name="hew32"/> 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.<ref name="Simon Schama 2005 pp. 51"/> 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.<ref name="hew32"/> 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.<ref>Michael Siva, ''Why did Black Londoners not join the Sierra Leone Resettlement Scheme 1783–1815?'' (London: Open University, 2014), pp. 20–1.</ref> 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).)<ref name="Simon Schama 2005 pp. 51"/>

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.<ref>James Walvin, ''Black Ivory'' London: Fontana, 1993), pp. 12, 16.</ref><ref>Michael Siva, ''Why did Black Londoners not join the Sierra Leone Resettlement Scheme 1783–1815?'' London: Open University, 2014, p. 4.</ref> (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.)<ref name="hew32"/> 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.<ref>{{cite web|url=http://www.nationalarchives.gov.uk/pathways/blackhistory/rights/slave_free.htm|title=The National Archives – Exhibitions – Black presence – rights|publisher=[[The National Archives (United Kingdom)|The National Archives]]|access-date=25 April 2009}}</ref> 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.<ref name="hew32"/>

==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."<ref>''Black's Law Dictionary'', p. 851 (Fifth Edition).</ref><ref>[http://njlegallib.rutgers.edu/journals/docs/journal.mb.3.1.110.pdf Recent Cases – Evidence – Divorce – Competency of Spouse to Testify as to Non-Access], ''Mercer Beasley Law Review'' Vol. III, No. 1, January 1934, p. 112.</ref><ref>[http://definitions.uslegal.com/l/lord-mansfields-rule/ Lord Mansfield's Rule] USLegal Legal Definitions.</ref><ref>[http://policy.ssa.gov/poms.nsf/lnx/0200306025 GN 00306.025 Lord Mansfield Rule] United States Social Security Administration Program Operations Manual System (POMS) Compilation of the Social Security Laws.</ref><ref>{{citation|jstor=1287807|title=Prohibiting Nonaccess Testimony by Spouses: Does Lord Mansfield's Rule Protect Illegitimates?|journal=Michigan Law Review|volume=75|issue=7|pages=1457–1487|year=1977|doi=10.2307/1287807|url=https://repository.law.umich.edu/mlr/vol75/iss7/3}}</ref> This quote comes from Mansfield's appellate decision in {{cite CommonLII|litigants=Goodright v Moss|link=|reporter=ER|year=1777|num=38|volume=98|firstpage=1257|pinpoint=592|parallelcite=2 Cowp 591|date=}}. 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<ref>[http://policy.ssa.gov/poms.nsf/lnx/0200306026 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.</ref> that marriage creates a conclusive presumption of a husband's paternity of his wife's child.<ref>[http://www.afterschool.ed.gov/programs/cse/pubs/2002/reports/essentials/c8.html "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.</ref><ref>See {{cite journal |first1=Batya F. |last1=Smernoff |title=California's Conclusive Presumption of Paternity and the Expansion of Unwed Fathers' Rights |volume=26 |journal=Golden Gate U. L. Rev. |year=1996 |url=http://digitalcommons.law.ggu.edu/ggulrev/vol26/iss2/4|accessdate=March 24, 2023}}</ref>

==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.<ref name="hew33">Heward (1979), p. 162.</ref> The main item of debate during the Coalition Ministry was the [[East India Bill]], which provoked bitter arguments in both the [[House of Lords]] and [[House of Commons of the United Kingdom|House of Commons]].<ref name="hew33"/> 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.<ref name="hew33"/> The failure of the bill caused the government to be immediately dismissed, and Mansfield left his position on 23 December 1783.<ref name="hew33"/>

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)<ref name="hew34">Heward (1979), p. 163.</ref> was in December 1783.<ref>Fifoot (1936), p. 46.</ref>

==Retirement and death==
[[File:At Kenwood 1 - geograph.org.uk - 4121275.jpg|thumb|[[Kenwood House]], Hampstead, London.]]
Despite failing health, Mansfield refused to officially leave his post as Lord Chief Justice because [[George III of the United Kingdom|George III]] was opposed to the appointment of Mansfield's protégé [[Sir Francis Buller, 1st Baronet|Francis Buller]] to the position after Mansfield resigned.<ref name="odnb"/><ref name="foss4">Foss (1870), p. 472.</ref> The government of the time instead suggested [[Lloyd Kenyon, 1st Baron Kenyon|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.<ref name="hew35">Heward (1979), p. 166.</ref> This was not to be, and on 3 June, he wrote a letter of resignation effective the next day.<ref name="p2"/><ref name="hew35"/>

Mansfield spent the remainder of his life at [[Kenwood House]] looked after by his nieces Lady Anne and Lady Marjory Murray and Dido Belle.<ref name="hew36">Heward (1979), p. 168.</ref> Most of his time was spent maintaining the grounds. When [[Frances Burney|Fanny Burney]] visited 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''’.<ref>{{Cite book |last=Byrne |first=Paula |url=http://archive.org/details/belletruestorybe0000byrn |title=Belle : the true story behind the movie |date=2014 |publisher=London : William Collins |others=Internet Archive |isbn=978-0-00-754272-7}}</ref>

In the summer, he was visited by groups of [[barrister]]s who informed him of the goings-on at court.<ref name="hew36" /> On 1 August 1792 he was made Earl of Mansfield, in the County of [[Middlesex]].<ref>Heward (1979), p. 161.</ref> 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.<ref name="hew36" /> He went to bed early and remained asleep until 18 March, when he finally died.<ref name="hew36" /> His body was buried in the north [[transept]] of [[Westminster Abbey]].<ref name="west" /> His monument at Westminster was commissioned by [[David Murray, 2nd Earl of Mansfield|his nephew]]. It was sculpted by [[John Flaxman]] RA (by suggestion of [[William Hamilton (diplomat)|Sir William Hamilton]]).<ref>Rupert Gunnis, ''Dictionary of British Sculptors 1660–1851'', p. 150.</ref>

Mansfield left a large amount of money after his death, including Estate worth £500,000 to his nephew now the [[David Murray, 2nd Earl of Mansfield|2nd Earl]].<ref>{{Cite journal |last=Trackman |first=Ian |date=2021-01-01 |title=John Way story |url=https://www.academia.edu/79724338/John_Way_story |journal=The remarkable story of John Way}}</ref><ref>{{Cite journal |last=Trackman |first=Ian |title=The Will and 19 Codicils of the 1st Earl of Mansfield, with particular reference to Dido Elizabeth Belle |url=https://www.academia.edu/44557559/The_Will_and_19_Codicils_of_the_1st_Earl_of_Mansfield_with_particular_reference_to_Dido_Elizabeth_Belle}}</ref> He also gave £2,000 to [[Sir Francis Buller, 1st Baronet|Francis Buller]].<ref>Fifoot (1936), p. 50.</ref>

==Legacy==
[[English law]] saw significant changes during Mansfield's career.<ref name="hew37">Heward (1979), p. 170.</ref> 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.<ref name="hew37"/> He was also noted for his insistence that [[equity (law)|equity]] should be applied by all courts, not just the [[Court of Chancery]], 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.<ref name="hew37"/> 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."<ref name="hew38">Heward (1979), p. 171.</ref> 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 (legal historian)|John Baker]] to describe him as "one of the boldest of judicial spirits".<ref>Baker (2002), p. 200.</ref>

[[File:Sir Francis Buller, 1st Baronet.jpg|thumb|[[Sir Francis Buller, 1st Baronet|Sir Francis Buller]], whom Mansfield tried to make [[Lord Chief Justice of the King's Bench|Lord Chief Justice]] after his retirement.]]

His most important contributions were to commercial, merchant and common law.<ref name="hew38"/> Mansfield spent much time bringing the law of England on par with that of other countries, particularly in cases such as ''[[Pillans v Van Mierop|Pillans & Rose v Van Mierop & Hopkins]]'' [1765] 3 Burr 1663, and ''[[Carter v Boehm]]'' [1766] 3 Burr 1905.<ref name="hew38"/> As a result of his work, he was described by a later judge as "the founder of the commercial law of this country".<ref name="hew25"/><ref name="foss3">Foss (1870) p. 471</ref>

He was, however, criticised for his resistance to the [[freedom of the press]] and his refusal to go against the King,<ref name="odnb"/> as well as for blatant [[nepotism]]—highlighted by his attempts to have [[Sir Francis Buller, 1st Baronet|Francis Buller]] made [[Lord Chief Justice of the King's Bench|Lord Chief Justice]] after his retirement.<ref name="foss1"/> He was also criticised as a politician for his support of a government antagonistic to the colonies; in 1829 [[John Quincy Adams]] described him as "more responsible for the [[American Revolution|Revolution]] than any other man".<ref>Waterman (1934), p. 552.</ref> 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]]".<ref>Waterman (1934), p. 557.</ref>

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.<ref>Van Cleve (2006), p. 1.</ref> 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.<ref name="vc2">Van Cleve (2006), p. 4.</ref> 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.<ref name="vc2"/> 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.<ref>Watson (2006), p. 3.</ref> 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.<ref>Van Ceve (2006), p. 6.</ref> 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.<ref>{{cite book | url=https://archive.org/details/reportscasesarg05glengoog | page=[https://archive.org/details/reportscasesarg05glengoog/page/n615 301] | quote=1785 Lord Mansfield Thames Ditton. | title=Reports of Cases Argued and Determined in the Court of King's Bench: In the Nineteenth, Twentieth, and Twenty-first &#91;twenty-second, Twenty-third, Twenty-fourth, and Twenty-fifth&#93; Years of the Reign of George III. &#91;1778–1785&#93;| publisher=Reed and Hunter | last1=Court of King's Bench| first1=Great Britain| last2=Glenbervie| first2=Sylvester Douglas Baron| year=1831}}</ref>

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]].<ref name=west/>

==Honours==
[[File:Monument to Lord Mansfield, Westminster Abbey 02.jpg|thumb|Monument to Mansfield in Westminster Abbey, with a figure representing Wisdom]]
Mansfield is immortalised in [[St Stephen's Hall]], where he and other notable Parliamentarians look on at visitors to Parliament.<ref name=ssstat>[http://www.parliament.uk/about/living-heritage/building/palace/architecture/palace-s-interiors/st-stephen-s-hall/ "Architecture of the Palace – St Stephen's Hall"], UK Parliament.</ref><ref name=illus>''The Illustrated London News,'' illustration accompanying "The New Houses of Parliament", 2 February 1856, p. 121.</ref> 
*In 1801 a large marble monument to him by [[John Flaxman]] was installed in [[Westminster Abbey]]; it shows a seated Murray flanked by the personifications of [[Wisdom]] and [[Lady Justice|Justice]],<ref name="west"/> with an inscription that reads:

{{Blockquote|'Here Murray long enough his country's pride is now no more than [[Cicero|Tully]] or than [[Edward Hyde, 3rd Earl of Clarendon|Hyde]]'. Foretold by [[Alexander Pope|Ar. Pope]] and 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.<ref name="west"/>
}}

*The town of [[Mansfield, Massachusetts]] was named after him.<ref>{{cite book|last=Gannett|first=Henry|title=The Origin of Certain Place Names in the United States|url=https://archive.org/details/bub_gb_9V1IAAAAMAAJ|year=1905|publisher=U.S. Government Printing Office|page=[https://archive.org/details/bub_gb_9V1IAAAAMAAJ/page/n197 198]}}</ref> 
*Because of his reputation as a barrister, [[Lincoln's Inn]] offer a series of scholarship for the [[Bar Vocational Course]] named the Lord Mansfield Scholarship.<ref>{{cite news|url=http://www.timesonline.co.uk/tol/life_and_style/court_and_social/article5309424.ece|title=Inns of Court Scholarships|date=8 December 2008|work=[[The Times]]|access-date=25 April 2009 | location=London}}{{dead link|date=September 2024|bot=medic}}{{cbignore|bot=medic}}</ref>
*Mansfield has been portrayed as a character several times in television and film – in ''The Fight Against Slavery'' (1975) by [[John Richmond (actor)|John Richmond]], ''The British'' (2012) by [[Timothy West]], ''[[Belle (2013 film)|Belle]]'' (2013) by [[Tom Wilkinson]] and ''The Scandalous Lady W'' (2015) by [[David Calder (actor)|David Calder]].

==Character==
[[File:Cameo of William Murray, 1st Earl of Mansfield.jpg|thumb|160px|left|Cameo of William Murray, 1st Earl of Mansfield]]
Mansfield was noted at the [[Barristers in England and Wales|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|Lord Chesterfield]] described him as "beyond comparison the best speaker" in the House of Commons.<ref name="hew13"/> 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.<ref name="hew39">Heward (1979), p. 178.</ref>

He was summarised by [[Gareth Jones (lawyer)|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".<ref>Jones (198), p. 374.</ref> [[Edmund Burke]], 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".<ref>Fifoot (1936), p. 33.</ref> The comment by [[Samuel Johnson]] that "Much may be made of a [Scotsman], if he be caught young" was directed at Mansfield,<ref>Jones (1980), p. 373.</ref> and Johnson also described him as "more than a mere lawyer", while [[Edward Coke]], who is considered one of the most important lawyers in the history of English law, was "only a lawyer".<ref>Jones (1980), p. 375.</ref>

Unlike other barristers, Mansfield was noted for always keeping a cool head and being "prudent to the point of timidity".<ref name="fif5"/> He was criticised for being "moderate and dispassionate", unlike more aggressive barristers such as [[Edward 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".<ref name="fif5"/> There are conflicting reports about his temperament and attitude as a judge; [[William Pitt, 1st Earl of Chatham|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".<ref name="fif7">Fifoot (1936), p. 48.</ref> 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]] at the time.<ref name="fif7"/> [[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".<ref name="foss1">Foss (1870), p. 469.</ref>

Mansfield has been called "the legal genius of his generation",<ref name="les"/> and compared favourably with [[Joseph Story]], a judge of the [[Supreme Court of the United States]] noted for his brilliance.<ref name="les">Leslie (1957), p. 279.</ref> 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".<ref>Waterman (1934), p. 549.</ref>

==In popular culture==

In the 2013 film [[Belle (2013 film)|''Belle'']], Murray is portrayed by [[Tom Wilkinson]].
 
In the 2015 film ''[[The Scandalous Lady W]]'', Murray is portrayed by [[David Calder (actor)|David Calder]].

==See also==
*[[List of cases involving Lord Mansfield]]

==References==
{{Reflist|20em}}

==Bibliography==
*{{Cite book|last=Baker|first=John|title=An Introduction to English Legal History|publisher=Butterworths|author-link=John Baker (legal historian)|year=2002|edition=4th|isbn=978-0-406-93053-8}}
*{{Cite journal|last=Butcher|first=Christopher|year=2008|title=Good faith in insurance law: a redundant concept?|journal=Journal of Business Law|volume=5|pages=375–384|issn=0021-9460}}
*{{Cite EB1911|wstitle=Mansfield, William Murray|volume=17|pages=600–601}}
*{{Cite journal|last=Van Cleve|first=George|date=Autumn 2006|title=Somerset's Case and Its Antecedents in Imperial Perspective|journal=Law and History Review|volume=24|issue=3|pages=601–646|doi=10.1017/S073824800000081X|s2cid=145793676|issn=0738-2480|url=https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1567&context=faculty}}
*{{Cite journal|last=Cornish|first=William|author-link=William Cornish (legal scholar)|year=2009|title=Conserving culture and copyright: a partial history|journal=Edinburgh Law Review|volume=13|issue=1|pages=8–26|issn=1364-9809|doi=10.3366/E1364980908000942}}
*{{Cite book|last=Fifoot|first=Cecil|title=Lord Mansfield|publisher=Clarendon Press|year=1936|isbn=978-3-511-09053-1|author-link=C. H. S. Fifoot}}
*{{Cite journal|last=Fisher|first=Ruth Anna|author-link=Ruth Anna Fisher|date=October 1943|title=Granville Sharp and Lord Mansfield|journal=[[The Journal of Negro History]]|volume=28|issue=4|pages=381–389|doi=10.2307/2714946|issn=1548-1867|jstor=2714946|s2cid=149909453}}
*{{Cite book|last=Foss|first=Edward|title=A Biographical Dictionary of the Justices of England (1066–1870)|publisher=Spottiswoode and Company|year=1870|oclc=181068114|author-link=Edward Foss}}
*{{Cite book|last=Heward|first=Edmund|title=Lord Mansfield: A Biography of William Murray 1st Earl of Mansfield 1705–1793 Lord Chief Justice for 32 years|publisher=Barry Rose (publishers) Ltd|location=Chichester|year=1979|isbn=978-0-85992-163-3|url-access=registration|url=https://archive.org/details/lordmansfield0000hewa}}
*{{Cite journal|last=Jones|first=Gareth|date=November 1980|title=Book Reviews - Lord Mansfield by Edmund Heward|journal=The Cambridge Law Journal|volume=39|issue=2|issn=0008-1973|jstor=4506285}}
*{{Cite journal|last=Leslie|first=William|date=October 1957|title=Similarities in Lord Mansfield's and Joseph Story's View of Fundamental Law|journal=The American Journal of Legal History|volume=1|issue=4|pages=278–307|doi=10.2307/844022|jstor=844022|issn=0002-9319}}
*{{Cite journal|last=Lowry|first=Todd|date=December 1973|title=Lord Mansfield and the Law Merchant: Law and Economics in the Eighteenth Century|journal=Journal of Economic Issues|volume=7|issue=4|pages=605–622|doi=10.1080/00213624.1973.11503137|issn=0021-3624|jstor=4224261}}
*{{cite journal |last=Krikler |first=Jeremy |year=2007 |title=The Zong and the Lord Chief Justice |journal=History Workshop Journal |volume=64 |pages=29–47 |doi= 10.1093/hwj/dbm035|s2cid=144154697 }}
*{{Cite book|last=McKendrick|first=Ewan|title=Contract Law|publisher=Palgrave Macmillan|year=2007|edition=7th|author-link=Ewan McKendrick|isbn=978-0-230-01883-9}}
*{{Cite book|last=Poser|first=Norman S.|title=Lord Mansfield: Justice in the Age of Reason|publisher=McGill-Queen's University Press|year=2013|location=Montreal|jstor=j.ctt32b79b|isbn=9780773541832}}
*{{Cite book|last=Plunkett|first=Theodore|title=A Concise History of the Common Law|publisher=Little, Brown and Company|location=Boston|year=1956|edition=5|oclc=933912}}
*{{Cite journal|last=Shaw|first=Thomas|year=1926|title=The Enlightenment of Lord Mansfield|journal=Journal of Comparative Legislation and International Law|volume=8|issue=1|pages=1–8|issn=1479-5949|jstor=752986}}
*{{Cite journal|last= Waterman|first=Julian S.|date=March 1934|title=Mansfield and Blackstone's Commentaries|journal=The University of Chicago Law Review|volume=1|issue=4|pages=549–571|doi=10.2307/1596998|jstor=1596998|issn=0041-9494|url=http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1121&context=uclrev}}
*{{Cite journal|last=Watson|first=Alan|author-link=Alan Watson (legal scholar)|year=2006|title=Lord Mansfield; Judicial Integrity or Its Lack; Somerset's Case|url=https://digitalcommons.law.uga.edu/fac_artchop/386/|journal=Journal of Comparative Law|volume=1|issue=2|pages=225–234}}

==External links==
{{wikiquote}}
{{Commons category|William Murray, 1st Earl of Mansfield}}

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{{Chancellors of the Exchequer}}

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{{DEFAULTSORT:Mansfield, William Murray, 1st Earl Of}}
[[Category:1705 births]]
[[Category:1793 deaths]]
[[Category:People from Perth, Scotland]]
[[Category:Nobility from Perth and Kinross]]
[[Category:18th-century English judges]]
[[Category:Earls of Mansfield|1]]
[[Category:Alumni of Christ Church, Oxford]]
[[Category:Black British history]]
[[Category:British legal writers]]
[[Category:British MPs 1741–1747]]
[[Category:British MPs 1747–1754]]
[[Category:British MPs 1754–1761]]
[[Category:Burials at Westminster Abbey]]
[[Category:Chancellors of the Exchequer of Great Britain]]
[[Category:Lord chief justices of England and Wales]]
[[Category:Members of Lincoln's Inn]]
[[Category:Members of the Privy Council of Great Britain]]
[[Category:Peers of Great Britain created by George II]]<!--in 1756, as Baron Mansfield-->
[[Category:People educated at Westminster School, London]]
[[Category:Solicitors general for England and Wales]]
[[Category:Younger sons of viscounts]]
[[Category:Members of the Parliament of Great Britain for English constituencies|Murray, William]]
[[Category:Clan Murray|William]]