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Topic: Lord Mansfield

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In the News (Mon 15 Jul 19)

  William Murray, 1st Earl of Mansfield - Wikipedia, the free encyclopedia
Lord Mansfield is often misquoted as declaring that "The air of England is too pure for a slave to breathe", but no such words appear in the judgment.
Lord Mansfield's role in an important decision in formation of copyright law is seen as uncharacteristically short-sighted.
Mansfield's ruling was overruled in a later decision by the House of Lords, Donaldson v.
en.wikipedia.org /wiki/William_Murray,_1st_Earl_of_Mansfield   (1670 words)

 William Murray
But lord Mansfield, in more than one branch of law, framed his decisions for the advantage of posterity; and of the law of marine insurance, which is now a vast system both in England and Scotland, he may be said to have been the framer.
On the motion for arrest of judgment, it is clear from lord Mansfield’s opinion, that, had the verdict been "guilty of printing and publishing," he would have given judgment on the opinion of the court as to intent; but the word "only" was a subject of doubt, and a new trial was ruled.
Lord Mansfield was not less eloquent in supporting the right of Britain to tax America, without representation; he maintained the plea, that there was virtual, though not nominal, representation, and urged decisive measures.
www.electricscotland.com /HISTORY/men/murray_william.htm   (2849 words)

 History of Penn Law - Medallions and Inscriptions
Lord Mansfield was born William Murray in 1705 at Scone in Perthshire, Scotland.
The common law as it existed before his time was wholly inadequate to cope with the new cases and customs that rose with the increasing development of commerce.
James Oldham, The Mansfield manuscripts and the growth of English law in the eighteenth century (1992).
www.law.upenn.edu /about/history/medallions/mansfield   (450 words)

 English Common Law in the Age of Mansfield, by James Oldham. Chapter 1.   (Site not responding. Last check: 2007-10-13)
Some familiarity with Mansfield's attributes, and with the stature and procedures of the Court of King's Bench, will also be helpful in understanding the developments in the various subject areas that are the main body of this work.
Mansfield's views praising the intrinsic value of the common law over legislation have been publicized,[34] but he did not ignore the advantages of legislation.
Lord Mansfield's extraordinary stamina in his professional work astonished observers, the more so as it continued into the 1780s.[42] For example, the seventy-five-year-old Mansfield, presiding over the trial of Lord George Gordon for his responsibility in the Gordon Riots, commenced the hearing at 9 a.m.
uncpress.unc.edu /chapters/oldham_english.html   (1846 words)

 Year 1885
Lord Edmond Fitzmaurice reported to me your assurance, which I received with much gratification, that the Venezuelan Government were anxious that this long-pending question should be settled as soon as possible.
Mansfield's note of the 15th October, 1883, namely, boundary between Venezuela and British Guayana, differential duties imposed upon the imports from British Colonies, and claims of British creditors of the Republic.
Your Excellency found it to be insufficient, declaring at the same time that many of the provisions in the Treaty of 1825 were not in accordance with modern requirements, and inclosing copies of the one concluded with Paraguay on the 16th October, 1884, to be taken as a standard.
www.guyana.org /Western/1885.htm   (8067 words)

 Earl of Chatham, REPLY TO MANSFIELD, IN RELATION TO JOHN WILKES, JANUARY 9, 1770   (Site not responding. Last check: 2007-10-13)
For in my judgment, my Lords, and I speak it boldly, it were better for them to perish in a glorious contention for their rights, than to purchase a slavish tranquillity at the expense of a single iota of the Constitution.
Now, my Lords, I affirm, and am ready to maintain, that the late decision of the House of Commons upon the Middlesex election is destitute of every one of those properties and conditions which I hold to be essential to the legality of such a decision.
Lord Chatham's motion was rejected; but he was sustained in his views by Lord Camden, who was still Lord Chancellor, and of course a leading member of the Grafton ministry.
classicpersuasion.org /cbo/chatham/chat09.htm   (4930 words)

 Campbell: Lives of the Lord Chancellors: Camden, Ch. 145
Notwithstanding Lord Camden's despair, arising from the violent policy adopted by the Government, and the passion for coercing the colonists which still prevailed in the nation, he nobly seconded Lord Chatham in all the efforts of that illustrious patriot to bring about a reconciliation between the mother country and the colonies.
Lord Camden, in his correspondence with the Duke of Grafton, afterwards gives an account of a serious illness of Lord Chatham which was kept secret from the world, and seems to have been a prelude to the closing scene of his glorious career.
Lord Camden might, no doubt, have resumed it with the full concurrence of all sections of the party, but for twelve long years he had been unaccustomed to daily judicial drudgery; he was now verging upon seventy, and his attacks of the gout were becoming more frequent and more severe.
www.constitution.org /bcp/camden145.htm   (5301 words)

 Schofield, Freedom of the Press in the United States, 1914
Lord Mansfield became its lord chief justice in 1756, holding the office until 1788, when he was succeeded by Lord Kenyon, who held the office until 1802.
Lord Mansfield laid it down clearly that the English common law test to be applied to determine the seditious character of publications on politics was their tendency as opinion-makers to create and diffuse among the people an ill opinion of existing public officers, government, institutions, and laws.
Erskine was defeated by the opinion of Lord Mansfield in the dean of St. Asaph's case in 1784, Mr.
www.uark.edu /depts/comminfo/cambridge/scof.html   (7433 words)

 William Murray, Lord Mansfield, (1705-1793)   (Site not responding. Last check: 2007-10-13)
He retired, due to ill health in 1788.
He was made Baron Mansfield, becoming Earl of Mansfield in 1776.
Lord Mansfield died in London, March 20th, 1793.
law.wlu.edu /faculty/history/brockenbrough/mansfield.htm   (145 words)

Lord Mansfield (1705-1793), the greatest English judge of the eighteenth century, was born a Scot, faithful to the Stuart cause.
Lord Mansfield introduced the idea of legal action based on reason, and gave a large place to equity in common law courts.
Lord Mansfield's precepts were equity and fundamental principles which imposed themselves on the conscience as being right beyond any kind of legislation.
facstaff.uww.edu /hipchene/JAusten/odile.htm   (4276 words)

 Against the Grain Press - The Informer
In 1689, Sir John Holt was appointed Chief Justice of the Court of King's Bench; and in 1704 (a year before the birth of Lord Mansfield), he gave forth his epochal decision in Coggs v.
Woodfall, in I770, as to the publication of the Junius letters, the trial of Lord George Gordon in 1781; the famous legal battle on the law of libel, in the trial of the Dean of St. Asaphs, in 1783; the beginning of the impeachment trial of Warren Hastings, in 1787.
It was not until 1733, that Sir Peter King, Lord Chancellor, finally prevailed upon Parliament to provide that the English language should thenceforth be used in all law proceedings, although Lord Chief Justice Raymond and all other judges had opposed the change.
www.atgpress.com /inform/ab009.htm   (921 words)

 History of Penn Law - Medallions and Inscriptions
In 1766 he was appointed Lord Chancellor, but was dismissed in 1770 due to his continued denunciation of the British government's policy towards the American colonists, in particular the policy of colonial taxation without parliamentary representation.
Lord Camden's Argument in Doe on the Demise of Hindosn and Ux and Al.
A second letter to a noble lord: or, The speeches of the Lord Chancellor, and of Lord Mansfield, on February 27th, 1769, on the Douglas cause.
www.law.upenn.edu /about/history/medallions/camden/index.html   (490 words)

 reading 24   (Site not responding. Last check: 2007-10-13)
Woodfall, in 1770, as to the publication of the Junius letters, the trial of Lord George Gordon in 1781; the famous legal battle on the law of libel, in the trial of the Dean of St. Asaphs, in 1783; the beginning of the impeachment trial of Warren Hastings, in 1787.
Thus, it is said that Lord Mansfield's chief resource, in 1730 when studying at Lincoln's Inn, was in listening to the judgments of.
Lord Bathurst presiding in the Court of Chancery, from whom little was to be learned, he took his place in the students' box in the Court of King's Bench, where Lord Mansfield shone in the zenith of his fame."
www.law2.byu.edu /Thomas/Legal_History/Reading_24.html   (2770 words)

 UNREQUESTED BENEFITS IN THE LAW OF UNJUST ENRICHMENT   (Site not responding. Last check: 2007-10-13)
Lord Mansfield’s concern is not that Macferlan’s recovery on the promissory notes was somehow rooted in an error in law.
The grounds of Lord Mansfield’s decision are independent from any claim that, by suing on the notes, Macferlan breached a legally binding promise made to Moses.
This is the principle informing ‘the ties of natural justice and equity’ of which Lord Mansfield speaks in Moses, as well as the ‘absence of any juristic reason for the enrichment’ of which, recalling Moses, Dickson J. speaks in Pettkus.
www.utpjournals.com /product/utlj/484/484_Drassinower.html   (12417 words)

 Earl of Mansfield and Mansfield - Wikipedia, the free encyclopedia
The Earl of Mansfield and Mansfield is a peer in the Peerage of Great Britain, holding two separate creations of the title of Earl of Mansfield in that peerage, the first created in 1776 and the second in 1792.
Both creations were in favour of William Murray, 1st Baron Mansfield (who had been raised to the peerage in 1756 on his appointment as Lord Chief Justice) but had, under the letters patent creating them, different descents.
The Earl holds the subsidiary titles of Viscount of Stormont (1621) and Lord Scone and Balvaird (1605) in the Peerage of Scotland.
en.wikipedia.org /wiki/Lord_Mansfield   (303 words)

 Brenda Mallinak, The Revenue Rule: A Common Law Doctrine For The Twenty-First Century, 16 Duke J. of Comp. & Int'l ...   (Site not responding. Last check: 2007-10-13)
Lord Mansfield, under England's choice of law rule, applied the law of Dunkirk and found a valid contract complete upon delivery.
Lord Mansfield noted that the law of contract in Dunkirk would not take notice of England's revenue law regarding the tea, and, with the concurrence of three other judges, discharged the rule for a new trial.
Lord Keith asserted that national sovereignty precluded the collection of taxes for another nation positing "that enforcement of a claim for taxes is but an extension of the sovereign power which imposed the taxes, and that an assertion of sovereign authority by one
www.law.duke.edu /journals/djcil/articles/djcil16p79.htm   (14834 words)

 Restitution: Chapter I, Section 9   (Site not responding. Last check: 2007-10-13)
Lord Mansfield delivered the resolution of the Court in this case; which stood for their opinion, ``Whether the plaintiff could recover against the defendant, in the present form of action, (an action upon the case for money had and received to the plaintiff's use
Notice that Lord Mansfield says that actions in quasi-contract are equitable in nature and that the defendant may raise any equitable defense.
In the preceding paragraph Lord Mansfield has listed many of the types of unjust enrichment for which an action of money had and received is available (and he also lists cases where it is not available).
samsara.law.cwru.edu /restitution/cb_html/c1s9.html   (2043 words)

 Amazon.ca: English Common Law in the Age of Mansfield: Books: James Oldham   (Site not responding. Last check: 2007-10-13)
In this abridgment of his 1992 book The Mansfield Manuscripts, Oldham presents a textbook of the fundamentals of the English common law of the late 18th century, together with a detailed description of the operational features of the common law courts.
Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments.
In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts.
www.amazon.ca /English-Common-Law-Age-Mansfield/dp/0807828696   (419 words)

 Mansfield, Massachusetts MA, town profile (Bristol County) - hotels, festivals, genealogy, newspapers - ePodunk
Mansfield is a town in Bristol County, in the Providence-New Bedford metro area.
At the time of the 2000 census, the per capita income in Mansfield was $27,441, compared with $21,587 nationally.
Median rent in Mansfield, at the time of the 2000 Census, was $679.
www.epodunk.com /cgi-bin/genInfo.php?locIndex=3021   (524 words)

 Article 3, Section 2, Clause 1: Lord Sackville's Case
Note: A similar consultation took place a few years prior to it in the case of Admiral Byng, and another in the reign of George 1st, as to the right of the sovereign to the education and marriage of the children of the Prince of Wales.
So in the case of Francis Francia, in 1717, a conference was held among the judges, three of whom who were to try the prisoner, at which the Attorney and Solicitor-General, who were to conduct the prosecution next day, lent their assistance, Foster, 241; Fortescue, 390.
Lord Bacon, in a letter to James 1st, gives a curious account of his management in endeavouring, according to the king's direction, to obtain the opinion of the Judges of the King's Bench separately and privately, previous to the trial of Mr.
press-pubs.uchicago.edu /founders/documents/a3_2_1s2.html   (626 words)

A judicial decision handed down in 1772 by Lord Mansfield, Chief Justice of England, in favor of a Virginia-born bondsman with Norfolk connections was the initial impetus that eventually resulted in freedom for all African Americans in the English-speaking world.
In his summation, Lord Mansfield stated, ``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.
Lord Mansfield continued to administer liberal justice until his death in 1793.
scholar.lib.vt.edu /VA-news/VA-Pilot/issues/1994/vp941204/11300483.htm   (652 words)

 BOARD (via CobWeb/3.1 planetlab2.cs.virginia.edu)   (Site not responding. Last check: 2007-10-13)
Lord Mansfield resides at Scone Palace, the site of many King-making inaugurations and coronations, King Robert the Bruce being the most dramatic.
Lord Balvaird and hereditary keeper of Bruce’s Castle of Lochmaben.
Lord Mansfield takes a great interest in the future of the youth today and is himself a very keen sportsman.
scottish-jujitsu.com.cob-web.org:8888 /board.htm   (658 words)

 The National Archives | Exhibitions & Learning online | Black presence | Rights
habeas corpus was granted by Lord Mansfield, the Lord Chief Justice, ordering the captain of the ship on which Somerset was incarcerated to produce Somerset before a court.
Mansfield ruled in 1772 that 'no master ever was allowed here (England) to take a slave by force to be sold abroad because he deserted from his service...therefore the man must be discharged'.
A few years later, in 1785, Mansfield himself ruled that 'fl slaves in Britain were not entitled to be paid for their labour' (free Black people were, however, paid).
nationalarchives.gov.uk /pathways/blackhistory/rights/slave_free.htm   (820 words)

 American Revolution: British Political Cartoons   (Site not responding. Last check: 2007-10-13)
A February 24, 1783 print titled, "Blessed are the peacemakers." Print shows two men representing Spain and France leading George III by a rope attached to his neck and Lord Shelburne through a gateway formed by spears, from the crossbar of which are tumbling the British lion, a crown, and unicorn.
Print shows Lord Bute aiming a blunderbuss at a man representing colonial America; a member of Parliament, pointing at the American, tells Bute "I give you that man's money for my use", to which the American responds by saying, "I will not be robbed".
On the left kneels a monk holding a gibbet and a cross, behind him stands a Frenchman with sword raised; perched on a cliff and forming the backdrop to Bute, the monk, and the Frenchman, is the city of Quebec.
www.paperlessarchives.com /american_revolution__british_p.html   (876 words)

 Untitled   (Site not responding. Last check: 2007-10-13)
In one day Lord Mansfield's decision guaranteed that there would never again be slavery on British soil.
Mansfield's decision did nothing to prevent the extremely profitable slave trade or slavery in British colonies such as the West Indies, from continuing to prosper.
Mansfield's decision did have an incredible impact on the British movement towards the abolition of the slave trade.
www.users.muohio.edu /mandellc/projects/aronowml/History.HTM   (562 words)

 Somerset v Stewart, Lofft 1; 20 Howell's State Trials 1, 79-82; 98 Eng Rep 509 (King's Bench, June 1772)
Knowles on the 9th of December produced the body of Sommersett before lord Mansfield, and returned [Ed Note, claimed that] for cause of detainer, that Sommersett was the negro slave of Charles Stewart, esq.
Lord Mansfield chusing to refer the matter to the determination of the court of King's bench, Sommersett with sureties was bound in recognizance for his appearance tbere on the second day of the next Hilary term [Ed Note, court session]; and his
But this failure did not entitle the lord to any benefit from his Nativo Habendo, and therefore, if he proceeded in it, and could not prove the villenage, the judgment was for the villein; or if the lord did not proceed, a nonsuit, which was equally fatal to the lord's claim, was the necessary consequence.
members.tripod.com /medicolegal/somersetvstewart.htm   (14876 words)

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