James Mansfield
Encyclopedia
Sir James Mansfield SL
, KC (1733 – 23 November 1821) was a British
lawyer, judge and politician. He was twice Solicitor General
and served as Chief Justice of the Common Pleas
from 1799 to 1814.
attorney, little is known about Mansfield's private life. While he is not believed to have married, he fathered at least five children, including John Mansfield of Diggeswell, father of General William Mansfield, 1st Baron Sandhurst
. Mansfield attended Eton
from 1745 until 1750, and then King's College, Cambridge
, of which he was elected a fellow
in 1754. During this period he changed his surname from Manfield to Mansfield. He graduated with a BA
in 1755 and a MA
in 1758.
Mansfield pursued a career in law, obtaining admission to the Middle Temple
on 11 February 1755 and being called to the bar on 28 November 1758. His career, both at common law
and in chancery
, was quite successful, and he was appointed one of the counsel for John Wilkes
in 1768. Mansfield was made king's counsel on 24 July 1772, and a bencher
of the Middle Temple shortly after, on 6 November 1772. He was involved in the trials, in 1776, of the Duchess of Kingston
for bigamy
, and of Smith
, Hollis
, Calthorpe
, and Beckford (candidates for Hindon
) for bribery. In 1777, he was defense counsel for John the Painter
, and crown prosecutor in 1779 against the counsellors who arrested Lord Pigot and took over Fort St George
.
His ability was admired by the North Ministry
, and he was offered a seat at Morpeth
in 1776 by the Earl of Carlisle
, but declined lest it interfere with his prospects for a judgeship. He was considered, but ultimately passed over, by North
to fill the post of Attorney General
or Solicitor General, but was passed over for the time being.
in 1779 as member for Cambridge University
, replacing the newly acceded Duke of Rutland
. While he was supported by the Duke of Grafton
against the government candidate, Lord John Townshend
, he subsequently voted with the administration. He was appointed Solicitor General on 1 September 1780, and was part of the prosecution of Lord George Gordon
in 1781.
He went into opposition in April 1782 with the fall of North, and briefly regained the Solicitor-Generalship in 1783 under the Fox-North Coalition
. That ministry fell in December, and he was defeated in the general election of 1784
.
, in which he and Samuel Romilly
represented the plaintiffs. He was appointed Chief Justice of Chester in July 1799, and Chief Justice of the Common Pleas
on 24 April 1804, also becoming a serjeant-at-law
and receiving a knighthood.
As a judge, he was principally known for his easily provoked temper, but his knowledge of the law was thought considerable. He refused an offer of the Lord Chancellor
ship in 1806. As chief justice, he presided over the trial of John Bellingham
, assassin of Spencer Perceval
, in 1812. Mansfield resigned on 21 February 1814, due to ill health and died at his house in London on 23 May 1821.
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
, KC (1733 – 23 November 1821) was a British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
lawyer, judge and politician. He was twice Solicitor General
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
and served as Chief Justice of the Common Pleas
Chief Justice of the Common Pleas
The Court of Common Pleas, also known as the Common Bench or Common Place, was the second highest common law court in the English legal system until 1880, when it was dissolved. As such, the Chief Justice of the Common Pleas was one of the highest judicial officials in England, behind only the Lord...
from 1799 to 1814.
Early life and career
The son of a HampshireHampshire
Hampshire is a county on the southern coast of England in the United Kingdom. The county town of Hampshire is Winchester, a historic cathedral city that was once the capital of England. Hampshire is notable for housing the original birthplaces of the Royal Navy, British Army, and Royal Air Force...
attorney, little is known about Mansfield's private life. While he is not believed to have married, he fathered at least five children, including John Mansfield of Diggeswell, father of General William Mansfield, 1st Baron Sandhurst
William Mansfield, 1st Baron Sandhurst
General William Rose Mansfield, 1st Baron Sandhurst, GCB, GCSI, DCL , was a British military commander who served as Commander-in-Chief of India from 1865 to 1870.-Military career:...
. Mansfield attended Eton
Eton College
Eton College, often referred to simply as Eton, is a British independent school for boys aged 13 to 18. It was founded in 1440 by King Henry VI as "The King's College of Our Lady of Eton besides Wyndsor"....
from 1745 until 1750, and then King's College, Cambridge
King's College, Cambridge
King's College is a constituent college of the University of Cambridge, England. The college's full name is "The King's College of our Lady and Saint Nicholas in Cambridge", but it is usually referred to simply as "King's" within the University....
, of which he was elected a fellow
Fellow
A fellow in the broadest sense is someone who is an equal or a comrade. The term fellow is also used to describe a person, particularly by those in the upper social classes. It is most often used in an academic context: a fellow is often part of an elite group of learned people who are awarded...
in 1754. During this period he changed his surname from Manfield to Mansfield. He graduated with a BA
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1755 and a MA
Master of Arts (Oxbridge)
In the Universities of Oxford, Cambridge and Dublin, Bachelors of Arts of these universities are admitted to the degree of Master of Arts or Master in Arts on application after six or seven years' seniority as members of the university .There is no examination or study required for the degree...
in 1758.
Mansfield pursued a career in law, obtaining admission to the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
on 11 February 1755 and being called to the bar on 28 November 1758. His career, both at common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and in chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
, was quite successful, and he was appointed one of the counsel for John Wilkes
John Wilkes
John Wilkes was an English radical, journalist and politician.He was first elected Member of Parliament in 1757. In the Middlesex election dispute, he fought for the right of voters—rather than the House of Commons—to determine their representatives...
in 1768. Mansfield was made king's counsel on 24 July 1772, and a bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of the Middle Temple shortly after, on 6 November 1772. He was involved in the trials, in 1776, of the Duchess of Kingston
Elizabeth Pierrepont, Duchess of Kingston-upon-Hull
Elizabeth Chudleigh, Duchess of Kingston , sometimes called Countess of Bristol, was the daughter of Colonel Thomas Chudleigh , and was appointed maid of honour to Augusta, Princess of Wales, in 1743, probably through the good offices of her friend, William Pulteney, 1st Earl of Bath.-Life:Being a...
for bigamy
Bigamy
In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other...
, and of Smith
Richard Smith
Richard Smith may refer to:* Richard Smyth , also written Richard Smith, English Catholic scholar* Richard Smith , English Catholic Bishop, titular of Chalcedon in Asia Minor...
, Hollis
Thomas Brand Hollis
Thomas Brand Hollis , born Thomas Brand, was a British political radical and dissenter.Thomas Brand was born the only son of Timothy Brand of Ingatestone, Essex and was educated at Felsted School, Trinity College, Cambridge, the Inner Temple and Glasgow University.In 1748-9 he toured Europe with...
, Calthorpe
James Calthorpe
James Calthorpe, DL was a British politician and courtier.Calthorpe was born at Elmswell, Suffolk and was the eldest son and heir of Christopher Calthorpe and his wife, Elizabeth, née Kettleborough...
, and Beckford (candidates for Hindon
Hindon (UK Parliament constituency)
Hindon was a parliamentary borough consisting of the village of Hindon in Wiltshire, which elected two Members of Parliament to the House of Commons from 1448 until 1832, when the borough was abolished by the Great Reform Act...
) for bribery. In 1777, he was defense counsel for John the Painter
John the Painter
John the Painter , also known as James Aitken or John Aitkin, was a Scot who committed acts of terror in British naval dockyards in 1776–77.-Early life:...
, and crown prosecutor in 1779 against the counsellors who arrested Lord Pigot and took over Fort St George
Fort St George
Fort St George is the name of the first English fortress in India, founded in 1639 at the coastal city of Madras, the modern city of Chennai. The construction of the Fort provided the impetus for further settlements and trading activity, in what was originally a no man's land...
.
His ability was admired by the North Ministry
North Ministry
The North Ministry governed the Kingdom of Great Britain from 1770 until 1782. Overseeing in this time the Falklands Crisis, the Gordon Riots and much of the American War of Independence. It was headed by the Tory politician Lord North and served under George III.-Membership:...
, and he was offered a seat at Morpeth
Morpeth (UK Parliament constituency)
Morpeth was a borough constituency centred on the town of Morpeth in Northumberland represented in the House of Commons of the Parliament of England until 1707, the Parliament of Great Britain from 1707 to 1800, and then the Parliament of the United Kingdom....
in 1776 by the Earl of Carlisle
Frederick Howard, 5th Earl of Carlisle
Frederick Howard, 5th Earl of Carlisle, KG, KT, PC was a British diplomat and the son of Henry Howard, 4th Earl of Carlisle and his second wife Isabella Byron....
, but declined lest it interfere with his prospects for a judgeship. He was considered, but ultimately passed over, by North
Frederick North, Lord North
Frederick North, 2nd Earl of Guilford, KG, PC , more often known by his courtesy title, Lord North, which he used from 1752 until 1790, was Prime Minister of Great Britain from 1770 to 1782. He led Great Britain through most of the American War of Independence...
to fill the post of Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
or Solicitor General, but was passed over for the time being.
Political career
Mansfield finally did enter the House of CommonsBritish House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
in 1779 as member for Cambridge University
Cambridge University (UK Parliament constituency)
Cambridge University was a university constituency electing two members to the British House of Commons, from 1603 to 1950.-Boundaries, Electorate and Election Systems:...
, replacing the newly acceded Duke of Rutland
Charles Manners, 4th Duke of Rutland
Charles Manners, 4th Duke of Rutland KG, PC was a British politician and nobleman, the eldest legitimate son of John Manners, Marquess of Granby...
. While he was supported by the Duke of Grafton
Augustus FitzRoy, 3rd Duke of Grafton
Augustus Henry FitzRoy, 3rd Duke of Grafton, KG, PC , styled Earl of Euston between 1747 and 1757, was a British Whig statesman of the Georgian era...
against the government candidate, Lord John Townshend
Lord John Townshend
Lord John Townshend PC , styled The Honourable John Townshend until 1787, was a British Whig politician.-Background:...
, he subsequently voted with the administration. He was appointed Solicitor General on 1 September 1780, and was part of the prosecution of Lord George Gordon
Lord George Gordon
Lord George Gordon was a British politician best known for lending his name to the Gordon Riots of 1780....
in 1781.
He went into opposition in April 1782 with the fall of North, and briefly regained the Solicitor-Generalship in 1783 under the Fox-North Coalition
Fox-North Coalition
The Fox-North Coalition was a government in Great Britain that held office during 1783. As the name suggests, the ministry was a coalition of the groups supporting Charles James Fox and Lord North...
. That ministry fell in December, and he was defeated in the general election of 1784
British general election, 1784
The British general election of 1784 resulted in William Pitt the Younger securing an overall majority of about 120 in the House of Commons of Great Britain, having previously had to survive in a House which was dominated by his opponents.-Background:...
.
Return to the law
While in Parliament, in 1782, Mansfield had been elected reader of the Middle Temple, and was treasurer in 1785. He was counsel in a number of high-profile cases, including the Thellusson Will CaseThellusson Will Case
The Thellusson Will Case is an English trusts law case. It was a law suit resulting from the will of Peter Thellusson, an English merchant ....
, in which he and Samuel Romilly
Samuel Romilly
Sir Samuel Romilly , was a British legal reformer.-Background and education:Romilly was born in Frith Street, Soho, London, the second son of Peter Romilly, a watchmaker and jeweller...
represented the plaintiffs. He was appointed Chief Justice of Chester in July 1799, and Chief Justice of the Common Pleas
Chief Justice of the Common Pleas
The Court of Common Pleas, also known as the Common Bench or Common Place, was the second highest common law court in the English legal system until 1880, when it was dissolved. As such, the Chief Justice of the Common Pleas was one of the highest judicial officials in England, behind only the Lord...
on 24 April 1804, also becoming a serjeant-at-law
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
and receiving a knighthood.
As a judge, he was principally known for his easily provoked temper, but his knowledge of the law was thought considerable. He refused an offer of the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
ship in 1806. As chief justice, he presided over the trial of John Bellingham
John Bellingham
John Bellingham was the assassin of British Prime Minister Spencer Perceval. This murder was the only successful attempt on the life of a British Prime Minister...
, assassin of Spencer Perceval
Spencer Perceval
Spencer Perceval, KC was a British statesman and First Lord of the Treasury, making him de facto Prime Minister. He is the only British Prime Minister to have been assassinated...
, in 1812. Mansfield resigned on 21 February 1814, due to ill health and died at his house in London on 23 May 1821.