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William Murray, 1st Earl of Mansfield Quotes
1705–1793 Scotland
William Murray, 1st Earl of Mansfield, SL, PC (2 March 1705 – 20 March 1793), better known as Lord Mansfield, was a British barrister, politician and judge noted for his reform of English law. He served as a Member of Parliament for Boroughbridge, where he was noted for his "great powers of eloquence" and described as "beyond comparison the best speaker" in the House of Commons.
Scotland Judges Politicians Also known as: Lord Mansfield
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This statute is indeed as obscure a one as any in the statute-book : it is difficult to ascertain its true meaning. Therefore I do not chuse to give any direct opinion about its extent; unless it should become absolutely necessary for me to do so.
As to the hardships upon foreigners, if they enter into contracts in England, and apply to our Courts of judicature to enforce a performance of them, they must submit themselves to be judged by the laws of this kingdom, and to our exposition of them.
Men argue differently, from natural phenomena and political appearances: they have different capacities, different degrees of knowledge, and different intelligence. But the means of information and judging are open to both: each professes to act from his own skill and sagacity; and, therefore, neither needs to communicate to the other.
The Court is greatly obliged to the gentlemen of the Bar who have spoke on the subject; and by whose care and abilities so much has been effected, that the rule of decision will be reduced to a very easy compass. I cannot omit to express particular happiness in seeing young men, just called to the Bar, have been able so much to profit by their reading.
As a subject sues by attorney, so does the King; with a little variation of form, from decency: instead of saying, "The King sues by," it is said, "sues for the King"; and yet, "Coram domino rege venit dominus rex per attornatum suum, et inde producit seetam," was held to be good. Hale, Chief Justice, said, it was but an unmannerly way of declaring for the King.
Very unequal would that interpretation be, which would construe the same words for the plaintiff according to the real substantial truth of the thing, in opposition to legal forms; and against the defendant according to legal notions and forms, contrary to real truth, more especially when the law, from the nature of it, ought to be taken liberally in favour of defendants.
It is infinitely better that a cause should be tried upon a view had by any twelve than by six of the first twelve; or by any six; or by fewer than six; or even without any view at all, than that the trial should be delayed from year to year, perhaps for ever: it can never be proper or necessary to grant a view which is asked and used for so unjust a purpose.
Lord Mansfield (1765)
For several reasons we should not depart from these adjudged cases ; but chiefly, from the inconvenience of altering and overturnirig settled determinations. It is best, stare decisis. The overturning settled determinations would be of very bad consequence: they ought not to be shaken.
The rules laid down in respect of the construction of deeds are founded in law, reason, and common sense: That they shall operate according to the intention of the parties, if by law they may: And if they cannot operate in one form, they shall operate in that, which by law will effectuate the intention.
It is unconscionable in a defendant, to take advantage of the apices litigandi, to turn a plaintiff round, and make him pay costs where his demand is just. Against such objections every possible presumption ought to be made, which ingenuity can suggest. How disgraceful then would it be to the administration of justice to allow Chicane to obstruct Bight; by the help of a legal fiction contrary to the help of the fact!
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