Member of Parliament
Murray had repeatedly refused to become a Member of Parliament, saying he had no interest in politics. In 1742, however, the government of Sir Robert Walpole fell, and Murray's brother-in-law, Daniel Finch, 8th Earl of Winchilsea, became First Lord of the Admiralty in the new Cabinet. With this added political influence, Murray hoped to be appointed to a government office, and when Sir John Strange resigned as Solicitor General, Murray was made a Member of Parliament for Boroughbridge on 15 December 1742 and immediately succeeded Strange as Solicitor General.
Although the Solicitor General was the lowest legal appointment, a successful one could be appointed Attorney General, and by custom, the Attorney General was allowed to become Lord Chief Justice if a vacancy arose. Although many barristers were not good politicians, Murray became a successful Member of Parliament, and one noted for his oratorical skills and logical arguments.
In 1745, Murray defended the actions of the government in hiring 16,000 Hanoverian troops to help fight in the War of the Austrian Succession. His argument (that it was the prerogative of the King to decide how a war should be fought, and he should not be second-guessed by politicians with no experience of warfare) defeated the motion to cease employing the Hanoverian troops by 231 votes to 181. Murray became popular with both the government and George II as a result, and in the absence of a strong Attorney General, Murray spoke for the government in most matters. In 1747, he helped Lord Hardwicke write and pass an act to abolish the old hereditary positions in Scotland. In 1751 he drafted the government response to an attempt by Frederick the Great of Prussia to frustrate neutral shipping, which William Scott, 1st Baron Stowell called "the foundation of the modern law of neutrality", and Montesquieu described it as a "résponse sans réplique" (response without a reply).
The death of Frederick, Prince of Wales, the heir to the British throne on 20 March 1751, caused constitutional chaos; George II wished to appoint his favourite son Prince William, Duke of Cumberland, as Regent (since the heir apparent, Prince George, was only a child), while the public favoured the child's mother Princess Augusta. In an attempt to reach a compromise the government introduced a bill to Parliament declaring that Augusta was to be a regent along with a council of others, and that George would become the heir when he reached maturity. Murray made a speech supporting the government's proposal, but despite this, Parliament was not convinced that a council was necessary.
On 6 March 1754, the Prime Minister Henry Pelham died, and this necessitated a Cabinet reshuffle. The Attorney General, Sir Dudley Ryder, became Lord Chief Justice of the King's Bench, and Murray became Attorney General in his place. A few months later the Master of the Rolls died, and Murray was asked to replace him; he declined, however, as he "did not want to leave His Majesty's service". After Ryder died unexpectedly on 25 May 1756, however, Murray could not turn down the opportunity, and immediately applied to replace him as Lord Chief Justice.
He was accepted, and although his appointment delighted Murray, the government was very concerned at the loss of a good Attorney General. In an attempt to persuade him to stay, the new Prime Minister, Thomas Pelham-Holles, 1st Duke of Newcastle-upon-Tyne offered him the post of Chancellor of the Duchy of Lancaster, in addition to the position of Attorney General, an extra £6,000 a year, and a pension, and finally attempted to blackmail him by saying that if he accepted the office of Lord Chief Justice, the government would refuse to grant him a peerage. It was customary for all Lord Chief Justices to be given a peerage, and Murray responded by saying that in that situation he would refuse to become either Lord Chief Justice or Attorney General. Newcastle gave in, and promised to allow him to become Lord Chief Justice and to recommend him for a peerage.
This was seen as an excellent result by Murray, who had no interest in politics except as a stepping stone to become a member of the judiciary. Murray was not suited to politics, as he was far too calculating and independent of thought to accept any one party's doctrine. His Scottish and Jacobite roots also allowed for endless insinuation and controversy—in 1753 he was accused by James Johnson Bishop of Gloucester of "having drunk the health of the Old Pretender on his knees". Although the story was proven to be false, it embarrassed Murray, and was used to taunt him as late as 1770. His rivalry with William Pitt highlighted his unsuitability for politics—unlike such other politicians as Philip Yorke and Edward Thurlow, he did not have the temperament to resist "the vehemence of Pitt's invective". It was widely felt that he could have become Prime Minister after the death of Henry Pelham, but it would have "set [his genius] in a false environment", and he declined all opportunities to return to politics except as Lord Chief Justice.