“The common law of England must direct the determination of a common law question. By common-law determinations we are bound; and to them we must always adhere: for, these are the proper constitutional declarations of the law of the land. They are so considered, even by the Court of Chancery itself. When any doubt arises in a cause of equity concerning a point of common law, it is usually referred to the determination of a Court of Common Law.”

— Joseph Yates (judge)

4 Burr. Part IV., 2377.
Dissenting in Millar v Taylor (1769)

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Joseph Yates (judge) 18

English barrister and judge 1722–1770

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Joseph Yates (judge) (1722–1770) English barrister and judge

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“Christianity neither is, nor ever was, a part of the common law [this quote is referring to English Common Law].”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

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“Is not this insanity plea becoming rather common? Is it not so common that the reader confidently expects to see it offered in every criminal case that comes before the courts? […] Really, what we want now, is not laws against crime, but a law against insanity.”

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“I think that common law is better than equity.”

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“Whatever at common law might be amended in civil cases, was at common law amendable in criminal, and so it is at this day.”

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“[T]he constitution controls any legislative act repugnant to it.... It is emphatically the province and duty of the judicial department to say what the law is.... So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution disregarding the law; the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty.... Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions... It would be giving the legislature a practical and real omnipotence... The judicial power of the United States is extended to all cases arising under the constitution.”

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“Reason is the life of the law; nay, the common law itself is nothing else but reason… The law, which is perfection of reason.”

Edward Coke (1552–1634) English lawyer and judge

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“Great attention and respect is undoubtedly due to the decisions of a Lord Chancellor: but they are not conclusive upon a Court of common law.”

Joseph Yates (judge) (1722–1770) English barrister and judge

Source: Dissenting in Millar v Taylor (1769) 4 Burr, Part IV., 2377.

“The common law of chattels, that is to say, the law ultimately adopted by the King's courts for the regulation of disputes about the ownership and possession of goods, was, to be a substantial extent, a by-product of that new procedure which had been mainly introduced to perfect the feudal scheme of land law.”

Edward Jenks (1861–1939) British legal scholar

Source: A Short History Of The English Law (First Edition) (1912), Chapter V, The Law Of Chattels, p. 55

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Joseph Yates (judge) 18

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