Sir Joseph Yates
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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 A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
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Biography

He was born in Manchester, the son of Joseph Yates, barrister, of Stanley House, Lancashire and educated at Manchester Grammar School and
The Queen's College, Oxford The Queen's College is a Colleges of the University of Oxford, 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 pred ...
. He studied law at Staple Inn 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 Wal ...
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 The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions. * Court of King's Bench (England), a historic court court of commo ...
, 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 fo ...
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, holding the latter appointment little more than a month before he died. He was buried at Cheam, in
Surrey Surrey () is a ceremonial and non-metropolitan county in South East England, bordering Greater London to the south west. Surrey has a large rural area, and several significant urban areas which form part of the Greater London Built-up Area. ...
, 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 Walter Baldwyn Yates CBE (13 May 1857 – 27 April 1947) was an English barrister, member of the London County Council and Crown Umpire under the Unemployment Insurance Scheme of 1911. Life and career Born in 1857 at Wellbank, Sandbach, Cheshir ...
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 Edward Heneage Dering (1826–1892) was an English novelist of the Victorian era. He is largely remembered today as a member of "The Quartet" at Baddesley Clinton, with marriages to two artistic women. Biography He was the younger son of Cholmele ...
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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