Joseph Yates (judge)
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Sir Joseph Yates (1722 – June 7, 1770) of Peel Hall, Little Hulton, Lancashire was an eminent
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
judge.


Biography

He was born in Manchester, the son of Joseph Yates, barrister, of Stanley House, Lancashire and educated at
Manchester Grammar School The Manchester Grammar School (MGS) in Manchester, England, is the largest independent school (UK), independent day school for boys in the United Kingdom. Founded in 1515 as a Grammar school#free tuition, free grammar school next to Manchester C ...
and
The Queen's College, Oxford The Queen's College is a constituent college of the University of Oxford, England. The college was founded in 1341 by Robert de Eglesfield in honour of Philippa of Hainault. It is distinguished by its predominantly neoclassical architecture, ...
. He studied law at
Staple Inn Staple Inn is a part-Tudor period, Tudor building on the south side of High Holborn street in the City of London, London, England. Located near Chancery Lane tube station, it is used as the London venue for meetings of the Institute and Faculty ...
and the
Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and ...
and was called to the bar in 1753. In 1761 he was appointed King's Council for the Duchy of Lancaster. He was knighted in 1763 and appointed early the following year to the King's Bench, in the same year becoming the Chancellor of Durham. During his time on the King's Bench he adjudicated at the famous trial of
John Wilkes John Wilkes (17 October 1725 – 26 December 1797) was an English radical journalist and politician, as well as a magistrate, essayist and soldier. He was first elected a Member of Parliament in 1757. In the Middlesex election dispute, he f ...
who was charged with sedition and obscenity, sentencing him to two years in jail. He later transferred, in 1770, from the King's bench to the
Court of Common Pleas A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
, holding the latter appointment little more than a month before he died. He was buried at
Cheam Cheam () is a suburb of London, England, south-west of Charing Cross. It is divided into North Cheam, Cheam Village and South Cheam. Cheam Village contains the listed buildings Lumley Chapel and the 16th-century Whitehall. It is adjacent to ...
, in Surrey, where there is a monument to his memory. He had married Elizabeth Baldwyn, the daughter of Charles Baldwyn of Munslow, Shropshire. They had one son, Joseph, and a daughter, Charlotte Elizabeth (d.1845), who married Cholmeley Dering (1766-1836) in 1789. Descendants include Walter Baldwyn Yates C.B.E., Rt Hon Jeremy Hunt MP, Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs and the novelist Edward Heneage Dering.


Monument inscription

"Sacred to the Memory
of the Honorable
Sir Joseph Yates, Knight,
of Peel Hall in Lancashire,
successively a Judge of the Courts
of King's Bench and Common Pleas;
whose merit advanced him to the
feat of Justice, which he filled with the most
distinguished abilities and invincible integrity.
He died the 7th day of June 1770,
in the 48th year of his age,
leaving the world to lament the loss
of an honest Man and able Judge,
firm to assert
and strenuous to support
the laws and constitution
of his Country."


Famous cases

*
Millar v Taylor ''Millar v Taylor'' (1769) 4 Burr. 2303, 98 ER 201 is an English court decision that held there is a perpetual common law copyright and that no works ever enter the public domain. It represented a major victory for the bookseller monopolies. Fac ...


On privacy

In one of his opinions, Justice Yates once wrote, "It is certain that every man has a right to keep his own sentiments, if he pleases: he has certainly a right to judge whether he will make them public, or commit them only to the sight of his own friends. In that state the manuscript is, in every sense his peculiar property; and no man can take it from him or make any use of it which he has not authorized, without being guilty of a violation of his property."Millar v. Taylor, 4 Burr. 2303, 2379 (K.B. 1769)


References


External links

* * {{DEFAULTSORT:Yates, Joseph 1722 births 1770 deaths Lawyers from Manchester 18th-century English judges Alumni of The Queen's College, Oxford People educated at Manchester Grammar School