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MANSFIELD, WILLIAM MURRAY, 1ST EARL

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Originally appearing in Volume V17, Page 601 of the 1911 Encyclopedia Britannica.
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MANSFIELD, See also:WILLIAM See also:MURRAY, 1ST See also:EARL of (1705-1793), See also:English See also:judge, was See also:born at See also:Scone in See also:Perthshire, on the end of See also:March 1705. He was a younger son of See also:David Murray, 5th See also:Viscount Stormont (c.1665—1731), the dignity having been granted in 1621 by See also:James I. to his friend and helper, See also:Sir David Murray (d. 1631), a Scottish politician of some See also:note. See also:Lord Stormont's See also:family was Jacobite in its polities, and his second son James (c. 1690-1728), being apparently mixed up in some of the plots of the See also:time, joined the See also:court of the exiled Stuarts and in 1721 was created earl of Dunbarby James See also:Edward, the Old Pretender. William Murray was educated at See also:Perth See also:grammar school and See also:Westminster School, of which he was a See also:king's See also:scholar., Entering See also:Christ See also:Church, See also:Oxford, he graduated in 1727. , A friend of the family, Lord See also:Foley, provided the funds for his legal training, and he became a member of See also:Lincoln's See also:Inn on. his departure from Oxford, being called to the See also:bar in 1730, He was a See also:good scholar and mixed with the best See also:literary society, being an intimate friend of See also:Alexander See also:Pope. His See also:appearance in some important Scottish See also:appeal cases brought him into See also:notice, and in See also:Scotland at least he acquired an immense reputation by his appearance for the See also:city of See also:Edinburgh when it was threatened with disfranchisement for the affair of the See also:Porteous See also:mob. His English practice had as yet been scanty, but in 1737 a single speech in a See also:jury trial of note placed him at the See also:head of the bar, and from this time he had all he could attend to. In 1718 he married See also:Lady See also:Elizabeth See also:Finch, daughter of the earl, of See also:Winchelsea. His See also:political career began in 1742 with his See also:appointment as See also:solicitor-See also:general. During the next fourteen years he was one of the most conspicuous figures in the See also:parliamentary See also:history of the time.

By See also:

birth a Jacobite, by association a Tory, he was nevertheless a Moderate, and his politics were really dominated by his legal interests. Although holding an See also:office of subordinate See also:rank, he was the See also:chief defender of the See also:government in the See also:House of See also:Commons, and during the time that See also:Pitt was in opposition had to See also:bear the brunt of his attacks. In 1754 he became See also:attorney-general, and for the next two years acted as See also:leader of the House of Commons under ' the 'administrationof the See also:duke of See also:Newcastle. But in 1756, when the government was. evidently approaching , its fall, an unexpected vacancy occurred in the chief justiceship of the king's See also:bench, and he claimed the office, being at the same time raised to the See also:peerage as See also:Baron Mansfield. From this time the chief See also:interest of his career lies in his judicial See also:work, but he did not wholly dissever himself from politics. He became by a singular arrangement, only repeated in the See also:case of Lord See also:Ellenborough, a member of the See also:cabinet, and remained in that position through various changes of See also:administration for nearly fifteen years, and, although he persistently refused the chancellorship, he acted as See also:Speaker of the House of Lords while the See also:Great See also:Seal was in See also:commission. During the time of Pitt's ascendancy he took but little See also:part in politics, but while Lord See also:Bute was in See also:power his See also:influence was very considerable, and seems mostly to have been exerted in favour of a more moderate See also:line of policy. He was on the whole a supporter of the See also:prerogative, but within definite limits. See also:Macaulay terms him, justly enough, " the See also:father of See also:modern Toryism, of Toryism modified to suit an See also:order of things in which the House of Commons is the most powerful See also:body in the See also:state. " During the stormy session of 1770 he came into violent collision with See also:Chatham and See also:Camden in the questions that arose out of the See also:Middlesex See also:election and the trials for political See also:libel; and in the subsequent years he was made the subject of the See also:bitter attacks of See also:Junius, in which his See also:early Jacobite connexions, and his apparent leanings to arbitrary power, were used against him with extraordinary ability and virulence. In 1776 he was created earl of Mansfield. In 1783, although he declined to re-enter the cabinet, he acted as Speaker of the House of Lords during the See also:coalition See also:ministry, and with this his political career may be said to have closed.

He continued to See also:

act as chief See also:justice until his resignation in See also:June 1788, and after five years spent in retirement died on the 20th of March 1793. He See also:left no family, but his See also:title had been re-granted in 1792 with a See also:direct See also:remainder to his See also:nephew David Murray, 7th Viscount Stormont (1727-1796). The, 2nd earl was See also:ambassador to See also:Vienna and then to See also:Paris; . Sc was secretary of state for the See also:southern See also:department from 1779 to 1782, and lord See also:president of the See also:council in 1783, and again from 1794 until his See also:death. In 1906 his descendant Alan David Murray (b. 1864) became 6th earl of Mansfield. Lord. Mansfield's great reputation rests chiefly on his judicial career. The political trials over which he presided, although they gave rise to numerous accusations against him, were conducted with singular fairness and propriety. He was accused with especial bitterness of favouring arbitrary power by the See also:law which he laid down in the trials for libel which arose out of the. publications of Junius and See also:Horne See also:Tooke, and which at a later time he reaffirmed in the case of the See also:dean of St See also:Asaph (see LIBEL). But we must remember that his view of the law was concurred in by the great See also:majority of the See also:judges and lawyers of that time, and was supported by undoubted precedents. In other instances, when the government was equally concerned, he was wholly See also:free from suspicion.

He supported Lord Camden's decision against general warrants, and reversed the See also:

outlawry of Wilkes. He was always ready to protect the rights of See also:con-See also:science, whether they were claimed by Dissenters or Catholics, and the popular fury which led to the destruction of his house during the See also:Gordon riots was mainly due to the fact that a See also:Catholic See also:priest, who was accused of saying See also:Mass, had escaped the penal See also:laws by his See also:charge to the jury. His chief celebrity, however, is founded upon the consummate ability with which he discharged the See also:civil duties of his office. He has always been, recognized as the founder of English See also:mercantile law. The' See also:common law as it existed before his time was wholly inadequate to See also:cope with the new cases and customs which arose with the increasing 'development of See also:commerce. The facts were left to the jury to decide as best they might, and no principle was ever, extracted from them which might serve as a See also:guide in subsequent cases. , Mansfield found the law in this chaotic state, and left it in a See also:form that was almost ecauivalent to a (1892), I Ch. 506, 546; A.C. 356. In general usage, the See also:term " See also:mansion " is given to any large and important house in See also:town or See also:country; and " mansion house " to the See also:official See also:residence, when provided, of the See also:mayor of a See also:borough, particularly to that of the lord mayors of See also:London and See also:Dublin.

End of Article: MANSFIELD, WILLIAM MURRAY, 1ST EARL

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