Joseph Yates (judge)
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Sir Joseph Yates (1722 – June 7, 1770) of Peel Hall, Little Hulton, Lancashire was an English
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
.


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) is a highly Selective school, selective Private_schools_in_the_United_Kingdom, private day school for boys aged 7-18 in Manchester, England, which was founded in 1515 by Hugh Oldham (then Bishop of Exeter). ...
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, queen of England. It is distinguished by its predominantly neoclassi ...
. 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 association for barristers and judges. To be called to the Bar and practice as a barrister in England and Wa ...
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 Radicalism (historical), radical journalist and politician, as well as a magistrate, essayist and soldier. He was first elected a Member of Parliament in 1757. In the Middlese ...
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 counties of England, ceremonial county in South East England. It is bordered by Greater London to the northeast, Kent to the east, East Sussex, East and West Sussex to the south, and Hampshire and Berkshire to the wes ...
, 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


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