and extensive genius, had prepared himself by a profound study of history, general ethics, the philosophy of jurisprudence, investigation of human passions and conduct, and the civil law, on which the judicial institutions of so great a part of modern Europe are founded. On this basis he raised his superstructure of knowledge of the English code: to the depths of legal science, the accuracy and extent of juridical details, he added the pleasing and impressive accomplishments of an engaging, graceful, and persuasive eloquence. From such an union and extent of qualifications, Mr. Murray very early rose to most distinguished practice. With such opportunities of observing the circumstances of society, of civil actions and engagements, and criminal perpetrations, his penetrating and comprehensive mind saw that the progress of social, and especially commercial intercourse, was producing new combinations, which had not been specifically foreseen when the laws applied to such subjects were enacted; therefore he inferred, that the essential principles of justice required such a latitude of interpretation, as would render existing laws applicable to new cases. The intelligent reader must know, that there are two great standards of judicial interpretation; the one the authority of custom, decision, and statute, according to literal definition; the other, according to the general principles of equity, construing particular law, unwritten or written, in such a way as best to answer the great ends of justice. The close precision of English reasoning has diffused itself through municipal institutions, and combining with the English accurate sense of justice, has, in the great body of the law, made so specific provisions for all cases, when the laws were enacted, likely to occur, that it may be safely advanced as a general position, that in every question within the knowledge, foresight, and intent of our law-givers, the more nearly the decision follows the letter of the law, the more fully will the purposes of justice be answered: but when combinations of engagements and conduct arise, which law-givers have not specifically anticipated, and on which the judge is called to give decision, he must apply the constructive character of the civil law. The personage before us, partly from his education, in a great measure from having to meet subjects of judicial inquiry, to which neither decisions nor decrees could precisely apply; and, perhaps, also partly from that comprehensive genius, which in seeking its ends might less require customary details than adequacy of means, verged more to a constructive than a literal in terpretation but his judgments were just; they repaired injuries, compensated losses, and punished crimes; they confirmed civil rights, repressed vice, supported virtue, promoted the order and tranquillity of society. The most fertile sources of new cases, during the long judicial supremacy of this eminent judge, were commerce with its subordinate arts and instruments. In considering the various and diversified contracts of this kind, which neither precedents nor statutes could solve, Lord Mansfield recurred to a very clear principle of ethics; that where the terms of covenants do not precisely ascertain the extent and obligations, general custom is the most equitable rule of construction. This principle he applied to delivery of goods, insurances, wharfages, bottomry, and an infinite diversity of mercantile and maritime transactions. In the great department of commercial jurisprudence, this illustrious judge formed a code of decisions, digested into a complete system, and may well be styled the Justinian of Commercial Law. Lord Mansfield, with a sagacity almost intuitive, apprehended the scope, unravelled the intricacies, and understood the nature of a case; discerned whether it was common or new; and if new, by what general principle or analogy of law its merits were to be ascertained. In his charges to juries, he made the evidence and arguments on both sides, and their comparative force, so very clear, and also the reasons and rules on which he formed his judgment, that every hearer of common understanding must be master of the cause, and of the judge's view of the cause; and as his principles of judgment, the result of combined knowledge and wisdom, were uniform, by hearing one charge of decision, you were assured of the decision which he would give in any similar case. The acute penetration of this sage was very happily exerted in eliciting truth from unwilling witnesses; and in the course of his judicial services he was very successful in repressing, not only a great variety of individual attempts at perjury, but in preventing the commission of that crime in certain classes of subjects, in which it was before universally prevalent. This judge, thoroughly comprehending, not only the general object, but the special compartments of his office, very carefully distinguished between the duties of a civil and criminal magistrate. In the former relation he confined his consideration, at least so far as it dictated his charge to juries, to the damage sustained by the plaintiff, without adducing the conduct of the defendant as a reason for enhancing damages beyond the actual injury, the repara tion of which was, and must be, the sole ground of a civil action. He did not confound redress for a private wrong with punishment for a public wrong; but by keeping the administration of civil and criminal justice separate, as intended and prescribed by law, he most effectually answered the purposes of both. Lord Mansfield was frequently reproached with attempting to increase the influence and power of the crown, and was exposed to great obloquy from factious demagogues, who directed and inflamed the populace at the time: but on investigation it was found, that his opinions of the law of libels were those that had been received by former lawyers and judges; that if not precisely correct, they were by no means of his invention, but adopted on very eminent authority. With talents to excel in any department, professional excellence was what Lord Mansfield chiefly sought, and sought with the greatest success. As a politician, his Lordship aspired not to the eminence which his abilities could have so easily attained; and he never was a leader. The measures which he supported during various periods, especially the administration of Lord North and his predecessors, were not those on which his character for wisdom could be founded. As an orator he shone brightly, but not unrivalled; though equalled by few, he was by one surpassed. The engaging and graceful persuasion of a Murray yielded to the commanding force of a Pitt. But as a judge he earned the highest fame, by combining philosophy and detail, by instantaneously and completely comprehending the case; and by accurate discrimination, which, though deviating somewhat from the letter of the laws, bounded his constructions by the lines of equity and justice. In him you could not always find his precedents in the law reports, or his rules in the statutes at large, when neither would apply; but must recognize his principles and criteria of determination in the immutable laws of reason and rectitude. Lord Mansfield's procedure of the bench was, on the whole, the best that could be adopted by himself, or any other judge of consummate wisdom: how far, as a general model, it ought to be followed by all judges, might be a matter of doubtful inquiry. Perhaps, on the whole, unless a judge be uncommonly sagacious and able, literal interpretation, keeping as closely as possible to precedent and statute, if in some cases it may be an obstacle to the completely right, yet in a much greater variety is a preventive of wrong." f Bisset's Reign of Geo. III. In September, 1738, his Lordship married the Lady Elizabeth Finch, one of the daughters of Daniel, sixth Earl of Winchelsea, and second Earl of Nottingham; but had no issue by her, who died in 1784. His Lordship having been created an English Earl, with remainder to Louisa Viscountess Stormont, on the idea then prevalent, that no English peerage could be limited to a Scotch peer, even in remainder, was as soon as a contrary doctrine was established by law, created EARL OF MANSFIELD by another patent dated August 11th, 1792, with remainder to his nephew, himself, DAVID, Viscount Stormont, which DAVID, Viscount Stormont, succeeded his uncle accordingly as SECOND EARL OF MANSFIELD, having succeeded his father in the Scotch Viscounty in 1748. His Lordship, having embraced a public life was ambassador to Paris in 1772; and on October 27th, 1779, was appointed one of the secretaries of state, in which high office he remained till the change of ministry in 1782. In the coalition ministry, 1783, he was appointed president of the council. His Lordship died September 1st, 1796, leaving the character of an industrious, well-informed, and able statesman. His Lordship married, first, Henrietta Frederica, daughter of Henry Count Bunau, in Saxony; and by her, who died March 16th, 1767, had a daughter, Lady Elizabeth Mary, born May 18th, 1760, who married, December 10th, 1785, George Finch Hatton, Esq. of Eastwell-paik, in Kent, by whom she has issue several sons and daughters, of which the eldest is married to major-general the Hon. Charles Hope. His Lordship married, secondly, Louisa, daughter of Charles, late Lord Cathcart; who succeeded as COUNTESS OF MANSFIELD by the first patent given to the first Earl, and is since married to the Honourable Robert Fulke Grevile, next brother to George, Earl of Warwick, by whom she has issue. See title Earl of Mansfield, for her issue by her first husband, of whom see a more particular account under that title. Title. Louisa Grevile, Countess of Mansfield. In illustrious antiquity, great and numerous honours, flourishing branches, and mighty power, scarcely any family can vie with. the splendour possessed in former ages by the NEVILLES. Camden has observed, that from hence sprung six Earls of Westmoreland, two Earls of Salisbury and Warwick, an Earl of Kent, a Marquis Montacute, a Baron Ferrers of Oversley, Barons Latimer, Barons Abergavenny, one Queen, five Duchesses, to omit Countesses and Baronesses, an Archbishop of York, and a great number of inferior gentlemen. The NEVILLES are descended by the male line from GoSPATRIC, Earl of Northumberland. This great Earl, who was son and heir of MALDRED, who married Algitha, daughter and heir of Uchthred, Earl of Northumberland, by Algiva, daughter of King Ethelred of England; (which Maldred, was son of CRINAN, one of the greatest and most opulent families in the North of England,) obtained from King William the Conqueror the Earldom of Northumberland; but soon after unable to endure the austerity of the King's power, fled to Scotland, taking with him. young Edgar Atheling, and Agatha his mother, and also Margaret and Christian his sisters. He was kindly received by King Malcolm Canmore, who gave him the lands and manor of Dunbar in East Lothian, and several baronies in Berwickshire. His future conduct and behaviour shewed that King Malcolm's favours were not misplaced; for he served him faithfully, and contributed greatly to establish peace and order in the kingdom. His sons were, First, Dolphinus. |