On 20th March 1793 William Murray, 1st Earl of Mansfield died. It is not often that I blog in support of the memory of aristocrats and bluebloods, but there are exceptions. Mansfield is one of them.
Born in 1705 he was one of the most powerful legal figures in eighteenth century Britain, holding the post of Solicitor General, Chief Justice and Attorney General. His judgements echoed the Age of Enlightenment and were instrumental in paving the way for the abolition of slavery and the slave trade. One of Mansfield’s his most famous cases was Somerset’s Case (1772), where he held that slavery had no basis in common law and had never been established by positive law (Parliamentary legislation) and therefore was not binding law. While not actually abolishing slavery in the British Empire it was a vital step in that direction. 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: it’s so odious, that nothing can be suffered to support it, but positive law.
As a British republican I particularly appreciate the following quote from a 1769 case: Rex v. Wilkes
The last end that can happen to any man, never comes too soon, if he falls in support of the law and liberty of his country: for liberty is synonymous to law and government.
The nation of laws is a fundamental pillar of both European Republicanism and the eighteenth century Enlightenment. An example of Mansfield’s rationalist approach can be found in his Letters to the Right Honorable Lord Mansfield (1773)
As mathematical and absolute certainty is seldom to be attained in human affairs, reason and public utility require that judges and all mankind in forming their opinions of the truth of facts should be regulated by the superior number of the probabilities on the one side or the other whether the amount of these probabilities be expressed in words and arguments or by figures and numbers.
No person is wholly good and Mansfield was no exception numbering opposition to press freedom, nepotism and support for British Government antagonism towards the American colonies on the opposite side of the balance. But his bravery in ruling against the established enslavement in Britain must surely warrant that he is remembered by history.