Philip Yorke, 1st Earl of Hardwicke
Encyclopedia
Philip Yorke, 1st Earl of Hardwicke PC (1 December 1690 – 6 March 1764) was an English
lawyer
and politician who served as Lord Chancellor
. He was a close confidant of the Duke of Newcastle, Prime Minister between 1754 and 1756 and 1757 until 1762.
, he was born at Dover. Through his mother, Elizabeth, daughter and co-heiress of Richard Gibbon of Rolvenden, Kent
, he was connected with the family of Edward Gibbon
the historian. At the age of fourteen, after a not very thorough education at a private school at Bethnal Green
, where, however, he showed exceptional promise, he entered an attorney's office in London
. Here he gave some attention to literature and the classics as well as to law
, but in the latter he made such progress that his employer, Salkeld, impressed by Yorke's powers, entered him at the Middle Temple
in November 1708, and soon afterwards recommended him to Lord Chief Justice Parker (afterwards earl of Macclesfield) as law tutor to his sons.
In 1715 he was called to the bar, where his progress was, says Lord Campbell, more rapid than that of any other debutant in the annals of our profession, his advancement being greatly furthered by the patronage of Macclesfield, who became lord chancellor in 1718, when Yorke transferred his practice from the king's bench to the court of chancery, though he continued to go on the western circuit. In the following year he established his reputation as an equity lawyer in a case in which Robert Walpole
's family was interested, by an argument displaying profound learning and research concerning the jurisdiction of the chancellor, on lines which he afterwards more fully developed in a celebrated letter to Lord Kames
on the distinction between law and equity. Through Macclesfield's influence with the Duke of Newcastle
Yorke entered parliament in 1719 as member for Lewes
, and was appointed solicitor-general, with a knighthood, in 1720, although he was then a barrister of only four years standing.
Although in his youth he contributed to The Spectator (1711)
over the signature Philip Homebred, he seems early to have abandoned all care for literature, and he has been reproached by Lord Campbell and others with his neglect of art and letters. On 16 May 1719 he married Margaret, daughter of Charles Cocks (by his wife Mary, sister of Lord Chancellor Somers), and widow of John Lygon, by whom he had five sons and two daughters:
In 1739, he purchased Wimpole Hall
, the greatest country house in Cambridgeshire.
Hardwicke was succeeded in the earldom by his eldest son, Philip
.
His cousin William Yorke
had a highly successful career as a judge in Ireland , becoming Chief Justice of the Irish Common Pleas
.
as a Jacobite
raised Yorke's reputation as a forensic orator; and in 1723, having already become attorney-general, he passed through the House of Commons
the bill of pains and penalties against Francis Atterbury
. He was excused, on the ground of his personal friendship, from acting for the crown in the impeachment
of Macclesfield in 1725; he soon found a new patron in the Duke of Newcastle
.
Lord Hardwicke is also remembered as one of the two authors of the Yorke–Talbot slavery opinion whilst he was a crown law officer in 1729. The opinion was sought to determinate the legality of slavery and Hardwicke (then Philip Yorke) and Charles Talbot opined that it was legal. The opinion was disseminated and relied upon widely. Lord Hardwicke would subsequently endorse the views in the opinion in a judicial capacity in Pearne v Lisle (1749) Amb 75, 27 ER 47. He rendered valuable service to Walpole's government by his support of the bill for prohibiting loans to foreign powers (1730), of the increase of the army (1732) and of the excise bill (1733).
, where the incompetency of Newcastle threw on the chancellor the duty of defending the measures of the government. He resisted Carteret's motion to reduce the army in 1738, and the resolutions hostile to Spain over the affair of Captain Jenkins's ears. But when Walpole bent before the storm and declared war against Spain
, Hardwicke advocated energetic measures for its conduct; and he tried to keep the peace between Newcastle and Walpole. There is no sufficient ground for Horace Walpole's charge that the fall of Sir Robert was brought about by Hardwicke's treachery.
Cabinet; and when Wilmington died in August 1743, it was Hardwicke who put forward Henry Pelham
for the vacant office against the claims of Pulteney
. For many years from this time he was the controlling power in the government.
During the king's absences on the continent Hardwicke was left at the head of the council of regency; it thus fell to him to concert measures for dealing with the Jacobite rising in 1745. After Culloden
he presided at the trial of the Scottish Jacobite peers, his conduct of which, though judicially impartial, was neither dignified nor generous; and he must be held partly responsible for the severity meted out to the rebels, and especially for the executions on obsolete attainders of Charles Radclyffe
and (in 1753) of Archibald Cameron of Locheil
. He carried out a major reform in 1746 which swept away the feudal power surviving in Scotland in the form of private heritable jurisdictions in the hands of the landed gentry. On the other hand his legislation in 1748 for disarming the Highlanders and prohibiting the use of the tartan in their dress was vexatious without being effective. Hardwicke supported Chesterfield
's reform of the calendar in 1751; in 1753 his bill for legalizing the naturalization of Jews in England had to be dropped on account of the popular clamour it excited; but he successfully carried a Marriage Act
which became the basis of subsequent legislation.
, and for reward was created earl of Hardwicke and Viscount Royston; and when in November 1756 the weakness of the ministry and the threatening aspect of foreign affairs compelled Newcastle to resign, Hardwicke retired with him. He played a part in negotiating the coalition between Newcastle and Pitt
in 1757, when he accepted a seat in Pitt's cabinet without returning to the woolsack
. After the accession of George III Hardwicke opposed the ministry of Lord Bute
on the peace with France in 1762, and on the cider tax in the following year. In the Wilkes
case Hardwicke condemned general warrants, and also the doctrine that seditious libels published by members of parliament were protected by parliamentary privilege
. He died in London on 6 March 1764.
Legislation
|-
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and politician who served as 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...
. He was a close confidant of the Duke of Newcastle, Prime Minister between 1754 and 1756 and 1757 until 1762.
Background
A son of Philip Yorke, a barristerBarrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, he was born at Dover. Through his mother, Elizabeth, daughter and co-heiress of Richard Gibbon of Rolvenden, Kent
Kent
Kent is a county in southeast England, and is one of the home counties. It borders East Sussex, Surrey and Greater London and has a defined boundary with Essex in the middle of the Thames Estuary. The ceremonial county boundaries of Kent include the shire county of Kent and the unitary borough of...
, he was connected with the family of Edward Gibbon
Edward Gibbon
Edward Gibbon was an English historian and Member of Parliament...
the historian. At the age of fourteen, after a not very thorough education at a private school at Bethnal Green
Bethnal Green
Bethnal Green is a district of the East End of London, England and part of the London Borough of Tower Hamlets, with the far northern parts falling within the London Borough of Hackney. Located northeast of Charing Cross, it was historically an agrarian hamlet in the ancient parish of Stepney,...
, where, however, he showed exceptional promise, he entered an attorney's office in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. Here he gave some attention to literature and the classics as well as to law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, but in the latter he made such progress that his employer, Salkeld, impressed by Yorke's powers, entered him at 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...
in November 1708, and soon afterwards recommended him to Lord Chief Justice Parker (afterwards earl of Macclesfield) as law tutor to his sons.
In 1715 he was called to the bar, where his progress was, says Lord Campbell, more rapid than that of any other debutant in the annals of our profession, his advancement being greatly furthered by the patronage of Macclesfield, who became lord chancellor in 1718, when Yorke transferred his practice from the king's bench to the court of chancery, though he continued to go on the western circuit. In the following year he established his reputation as an equity lawyer in a case in which Robert Walpole
Robert Walpole
Robert Walpole, 1st Earl of Orford, KG, KB, PC , known before 1742 as Sir Robert Walpole, was a British statesman who is generally regarded as having been the first Prime Minister of Great Britain....
's family was interested, by an argument displaying profound learning and research concerning the jurisdiction of the chancellor, on lines which he afterwards more fully developed in a celebrated letter to Lord Kames
Henry Home, Lord Kames
Henry Home, Lord Kames was a Scottish advocate, judge, philosopher, writer and agricultural improver. A central figure of the Scottish Enlightenment, a founder member of the Philosophical Society of Edinburgh, and active in the Select Society, his protégés included James Boswell, David Hume and...
on the distinction between law and equity. Through Macclesfield's influence with the Duke of Newcastle
Duke of Newcastle
Duke of Newcastle-upon-Tyne is a title which has been created three times in British history while the title of Duke of Newcastle-under-Lyne has been created once. The title was created for the first time in the Peerage of England in 1664 when William Cavendish, 1st Marquess of Newcastle-upon-Tyne...
Yorke entered parliament in 1719 as member for Lewes
Lewes
Lewes is the county town of East Sussex, England and historically of all of Sussex. It is a civil parish and is the centre of the Lewes local government district. The settlement has a history as a bridging point and as a market town, and today as a communications hub and tourist-oriented town...
, and was appointed solicitor-general, with a knighthood, in 1720, although he was then a barrister of only four years standing.
Although in his youth he contributed to The Spectator (1711)
The Spectator (1711)
The Spectator was a daily publication of 1711–12, founded by Joseph Addison and Richard Steele in England after they met at Charterhouse School. Eustace Budgell, a cousin of Addison's, also contributed to the publication. Each 'paper', or 'number', was approximately 2,500 words long, and the...
over the signature Philip Homebred, he seems early to have abandoned all care for literature, and he has been reproached by Lord Campbell and others with his neglect of art and letters. On 16 May 1719 he married Margaret, daughter of Charles Cocks (by his wife Mary, sister of Lord Chancellor Somers), and widow of John Lygon, by whom he had five sons and two daughters:
- Philip Yorke, Viscount RoystonPhilip Yorke, 2nd Earl of HardwickePhilip Yorke, 2nd Earl of Hardwicke FRS , and eldest son of the 1st earl, was educated at Corpus Christi College, Cambridge.In 1741 he became a fellow of the Royal Society...
(1720–1796), who succeeded him - Hon. Charles YorkeCharles YorkeCharles Yorke was Lord Chancellor of Great Britain.-Life:The second son of Philip Yorke, 1st Earl of Hardwicke, he was born in London, and was educated at Corpus Christi College, Cambridge. His literary abilities were shown at an early age by his collaboration with his brother Philip in the...
(1722–1770), became, like his father, Lord Chancellor - Lady Elizabeth Yorke (1725–1760), married Lord AnsonGeorge Anson, 1st Baron AnsonAdmiral of the Fleet George Anson, 1st Baron Anson PC, FRS, RN was a British admiral and a wealthy aristocrat, noted for his circumnavigation of the globe and his role overseeing the Royal Navy during the Seven Years' War...
- Hon. Joseph YorkeJoseph Yorke, 1st Baron DoverGeneral Joseph Yorke, 1st Baron Dover KB, PC , styled The Honourable Joseph Yorke until 1761 and The Honourable Sir Joseph Yorke between 1761 and 1788, was a British soldier, diplomat and Whig politician....
(d. 1792), a diplomat, created Baron Dover - Hon. John Yorke (1728–1801), Member of ParliamentMember of ParliamentA Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for ReigateReigate (UK Parliament constituency)Reigate is a constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first past the post system of election.-Boundaries:...
and Higham FerrersHigham Ferrers (UK Parliament constituency)Higham Ferrers was a parliamentary borough in Northamptonshire, which was represented in the House of Commons from 1558 until 1832, when it was abolished by the Great Reform Act... - Hon. James YorkeJames Yorke (clergy)James Yorke was a British clergyman.Yorke was the son of the 1st Earl of Hardwicke and Margaret Cocks. He was Bishop of St David's from 1774 until 1779, Bishop of Gloucester from 1779 to 1781 and then Bishop of Ely from 1781 to 1808.On 29 June 1762, Yorke married Mary Maddocks, daughter of Isaac...
(1730–1808), became Bishop of ElyBishop of ElyThe Bishop of Ely is the Ordinary of the Church of England Diocese of Ely in the Province of Canterbury. The diocese roughly covers the county of Cambridgeshire , together with a section of north-west Norfolk and has its see in the City of Ely, Cambridgeshire, where the seat is located at the... - Lady Margaret Yorke, married Sir Gilbert Heathcote, BtSir Gilbert Heathcote, 3rd BaronetSir Gilbert Heathcote, 3rd Baronet was a British Member of Parliament.Heathcote was the son of Sir John Heathcote, 2nd Baronet, and Bridget, daughter of Thomas White. He succeeded as third Baronet on his father's death in 1759...
In 1739, he purchased Wimpole Hall
Wimpole Hall
Wimpole Hall is a country house located within the Parish of Wimpole, Cambridgeshire, England, about 8½ miles southwest of Cambridge. The house, begun in 1640, and its 3,000 acres of parkland and farmland are owned by the National Trust and are regularly open to the public.Wimpole is...
, the greatest country house in Cambridgeshire.
Hardwicke was succeeded in the earldom by his eldest son, Philip
Philip Yorke, 2nd Earl of Hardwicke
Philip Yorke, 2nd Earl of Hardwicke FRS , and eldest son of the 1st earl, was educated at Corpus Christi College, Cambridge.In 1741 he became a fellow of the Royal Society...
.
His cousin William Yorke
William Yorke
William Yorke was an English lawyer and politician who sat in the House of Commons in two periods between 1654 and 1666....
had a highly successful career as a judge in Ireland , becoming Chief Justice of the Irish Common Pleas
Chief Justice of the Irish Common Pleas
The Chief Justice of the Common Pleas for Ireland was the senior judge of the Court of Common Pleas ,known in its early stage as the Common Bench or simply Bench, one of the senior courts of common law in Ireland. It was a mirror of the Court of Common Pleas in England...
.
Attorney-General
The prosecution of Christopher Layer for treasonTreason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
as a Jacobite
Jacobitism
Jacobitism was the political movement in Britain dedicated to the restoration of the Stuart kings to the thrones of England, Scotland, later the Kingdom of Great Britain, and the Kingdom of Ireland...
raised Yorke's reputation as a forensic orator; and in 1723, having already become attorney-general, he passed through the House of Commons
British 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...
the bill of pains and penalties against Francis Atterbury
Francis Atterbury
Francis Atterbury was an English man of letters, politician and bishop.-Early life:He was born at Milton Keynes in Buckinghamshire, where his father was rector. He was educated at Westminster School and Christ Church, Oxford, where he became a tutor...
. He was excused, on the ground of his personal friendship, from acting for the crown in the impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
of Macclesfield in 1725; he soon found a new patron in the Duke of Newcastle
Duke of Newcastle
Duke of Newcastle-upon-Tyne is a title which has been created three times in British history while the title of Duke of Newcastle-under-Lyne has been created once. The title was created for the first time in the Peerage of England in 1664 when William Cavendish, 1st Marquess of Newcastle-upon-Tyne...
.
Lord Hardwicke is also remembered as one of the two authors of the Yorke–Talbot slavery opinion whilst he was a crown law officer in 1729. The opinion was sought to determinate the legality of slavery and Hardwicke (then Philip Yorke) and Charles Talbot opined that it was legal. The opinion was disseminated and relied upon widely. Lord Hardwicke would subsequently endorse the views in the opinion in a judicial capacity in Pearne v Lisle (1749) Amb 75, 27 ER 47. He rendered valuable service to Walpole's government by his support of the bill for prohibiting loans to foreign powers (1730), of the increase of the army (1732) and of the excise bill (1733).
Walpole government
In 1733 Yorke was appointed lord chief justice of the king's bench, with the title of Lord Hardwicke, and was sworn of the privy council; and in 1737 he succeeded Lord Talbot as lord chancellor, thus becoming a member of Walpole's cabinet. One of his first official acts was to deprive the poet James Thomson of a small office conferred on him by Talbot.House of Lords
Hardwicke's political importance was greatly increased by his move to the House of LordsHouse of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, where the incompetency of Newcastle threw on the chancellor the duty of defending the measures of the government. He resisted Carteret's motion to reduce the army in 1738, and the resolutions hostile to Spain over the affair of Captain Jenkins's ears. But when Walpole bent before the storm and declared war against Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, Hardwicke advocated energetic measures for its conduct; and he tried to keep the peace between Newcastle and Walpole. There is no sufficient ground for Horace Walpole's charge that the fall of Sir Robert was brought about by Hardwicke's treachery.
Wilmington government
No one was more surprised than himself when he retained the chancellorship in the following administration, and he resisted the proposal to indemnify witnesses against Walpole in one of his finest speeches in May 1742. He exercised a leading influence in the WilmingtonSpencer Compton, 1st Earl of Wilmington
Spencer Compton, 1st Earl of Wilmington KG, KB, PC was a British Whig statesman who served continuously in government from 1715 until his death. He served as the nominal head of government from 1742 until his death in 1743, but was merely a figurehead for the true leader of the government, Lord...
Cabinet; and when Wilmington died in August 1743, it was Hardwicke who put forward Henry Pelham
Henry Pelham
Henry Pelham was a British Whig statesman, who served as Prime Minister of Great Britain from 27 August 1743 until his death in 1754...
for the vacant office against the claims of Pulteney
William Pulteney, 1st Earl of Bath
William Pulteney, 1st Earl of Bath, PC was an English politician, a Whig, created the first Earl of Bath in 1742 by King George II; he is sometimes stated to have been Prime Minister, for the shortest term ever , though most modern sources reckon that he cannot be considered to have held the...
. For many years from this time he was the controlling power in the government.
During the king's absences on the continent Hardwicke was left at the head of the council of regency; it thus fell to him to concert measures for dealing with the Jacobite rising in 1745. After Culloden
Battle of Culloden
The Battle of Culloden was the final confrontation of the 1745 Jacobite Rising. Taking place on 16 April 1746, the battle pitted the Jacobite forces of Charles Edward Stuart against an army commanded by William Augustus, Duke of Cumberland, loyal to the British government...
he presided at the trial of the Scottish Jacobite peers, his conduct of which, though judicially impartial, was neither dignified nor generous; and he must be held partly responsible for the severity meted out to the rebels, and especially for the executions on obsolete attainders of Charles Radclyffe
Charles Radclyffe
Charles Radclyffe titular 5th Earl of Derwentwater, who claimed the title Fifth Earl of Derwentwater...
and (in 1753) of Archibald Cameron of Locheil
Archibald Cameron of Locheil
Dr Archibald Cameron of Lochiel was a prominent leader in the Jacobite uprising of 1745 and the last Jacobite to be executed for high treason on June 7, 1753.-Before the uprising:...
. He carried out a major reform in 1746 which swept away the feudal power surviving in Scotland in the form of private heritable jurisdictions in the hands of the landed gentry. On the other hand his legislation in 1748 for disarming the Highlanders and prohibiting the use of the tartan in their dress was vexatious without being effective. Hardwicke supported Chesterfield
Philip Stanhope, 4th Earl of Chesterfield
Philip Dormer Stanhope, 4th Earl of Chesterfield PC KG was a British statesman and man of letters.A Whig, Lord Stanhope, as he was known until his father's death in 1726, was born in London. After being educated at Trinity Hall, Cambridge, he went on the Grand Tour of the continent...
's reform of the calendar in 1751; in 1753 his bill for legalizing the naturalization of Jews in England had to be dropped on account of the popular clamour it excited; but he successfully carried a Marriage Act
Marriage Act 1753
The Marriage Act 1753, full title "An Act for the Better Preventing of Clandestine Marriage", popularly known as Lord Hardwicke's Marriage Act , was the first statutory legislation in England and Wales to require a formal ceremony of marriage. It came into force on 25 March 1754...
which became the basis of subsequent legislation.
Newcastle government
On the death of Pelham in 1754 Hardwicke obtained for Newcastle the post of prime ministerPrime Minister of the United Kingdom
The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...
, and for reward was created earl of Hardwicke and Viscount Royston; and when in November 1756 the weakness of the ministry and the threatening aspect of foreign affairs compelled Newcastle to resign, Hardwicke retired with him. He played a part in negotiating the coalition between Newcastle and Pitt
William Pitt, 1st Earl of Chatham
William Pitt, 1st Earl of Chatham PC was a British Whig statesman who led Britain during the Seven Years' War...
in 1757, when he accepted a seat in Pitt's cabinet without returning to the woolsack
Woolsack
The Woolsack is the seat of the Lord Speaker in the House of Lords, the Upper House of the Parliament of the United Kingdom. From the Middle Ages until 2006, the presiding officer in the House of Lords was the Lord Chancellor and the Woolsack was usually mentioned in association with the office of...
. After the accession of George III Hardwicke opposed the ministry of Lord Bute
John Stuart, 3rd Earl of Bute
John Stuart, 3rd Earl of Bute KG, PC , styled Lord Mount Stuart before 1723, was a Scottish nobleman who served as Prime Minister of Great Britain under George III, and was arguably the last important favourite in British politics...
on the peace with France in 1762, and on the cider tax in the following year. In the 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...
case Hardwicke condemned general warrants, and also the doctrine that seditious libels published by members of parliament were protected by parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
. He died in London on 6 March 1764.
Influence
In 1736 the King's Bench, under his presidency, delivered the seminal judgment in Middleton v. Crofts 2 Atk 650, which held that canons made in the provincial clergy convocations could not, by themselves, bind the lay faithful. He held the office of lord chancellor longer than any of his predecessors, with a single exception. His decisions fixed limits and established principles of Equity. His influence was powerful in obliterating the traditions of the judicial bench under the Stuart monarchy, and in establishing the modern conception of the duties and demeanour of English judges. While still at the bar Lord Chesterfield praised his conduct of crown prosecutions as a contrast to the former bloodhounds of the crown; and he described Sir Philip Yorke as naturally humane, moderate and decent.Cases and legislation
Cases- Gyles v WilcoxGyles v WilcoxGyles v Wilcox 26 ER 489 was a decision of the Court of Chancery of England that established the doctrine of fair abridgement, which would later evolve into the concept of fair use. The case was heard and the opinion written by Philip Yorke, 1st Earl of Hardwicke, and concerned Fletcher Gyles, a...
(1740) 3 Atk. 143, on fair use - Attorney General v DavyAttorney General v DavyAttorney General v Davy 26 ER 531 is a UK company law case, which establishes this small but essential point of law: the default rule is that a majority of a corporate body can determine what it does....
(1741) 26 ER 531, on majority decision making in corporations - The Charitable Corporation v Sutton (1742) 26 ER 642, on the duty of care
- Whelpdale v CooksonWhelpdale v CooksonWhelpdale v Cookson 1 Ves Sen 9; 27 ER 856 is an English trusts law case on the duty of loyalty owed by a trustee to beneficiaries of the trust.-Reported decision:...
(1747) 1 Ves Sen 9, on the duty of loyalty and no inquiry rule
Legislation
- Marriage Act 1753Marriage Act 1753The Marriage Act 1753, full title "An Act for the Better Preventing of Clandestine Marriage", popularly known as Lord Hardwicke's Marriage Act , was the first statutory legislation in England and Wales to require a formal ceremony of marriage. It came into force on 25 March 1754...
External links
Attribution|-