Journal of the House of Lords: Volume 20, 1714-1717. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, 12 Maii.
Tobacco, &c. Abuses to prevent, Bill.
The Earl of Clarendon reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting certain Lands and Tenements of Peter Sunderland Esquire in Trustees, to be sold, for Payment of Debts charged thereon before the making of his Marriage Settlement, and by Virtue thereof," was committed: "That they had considered the said Bill; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."
Porteous versus Fordice.
Mynde's Clerk examined.
And he acquainted the House, "That he engrossed the said Appeal by Direction of his Master James Mynde; and went, along with him, to Mr. Estrick and Mr. Ward, the Counsel concerned in the Cause in the Court of Exchequer; but they both refused to sign it." He further said, "He did not see the Counsel's Names put to the said Appeal; nor does he know who put them to it; but believes his Master wrote both their Names himself."
Willi'mum Rutter Senior, Willi'mum Rutter Junior, et Joh'em Cay, Appellants.
Willi'mum Tyson Respondent.
"That the Appellant William Rutter Senior (an Attorney at Newcastle upon Tyne), soon after the Decree of the Court of Exchequer now before your Lordships, being much dissatisfied therewith, and desirous of having your Lordships Judgement therein, often importuned your Petitioner to appeal from the same; whereupon your Petitioner got an Appeal drawn, and sent it down to the said Mr. Rutter to Newcastle; who soon returned it to your Petitioner, and sent him Word, "He had shewed it his Counsel, and that they approved thereof."
"And your Petitioner further sheweth, That the Appellant's Counsel, who were at the hearing the Cause in the Exchequer, refused to sign the said Appeal. And your Petitioner thinking it hard, that the Appellants should be debarred, by their Judgements, from that Right which the Law gave them of appealing to, and being relieved by, your Lordships, against the Hardships of the said Decree, and looking upon signing the same only as Matter of Form; and being ignorant of your Lordships Order, that Appeals should be first signed by the Counsel at the Hearing; your Petitioner did, unadvisedly and innocently, for no other Intent than purely to bring the Matter in Judgement before your Lordships, set J. Nicoll and E. Copley's Names to the said Appeal; Mr. Copley having given your Petitioner Liberty to use his Name as your Petitioner should think fit; and Mr. Nicoll, who was then in the Country, being your Petitioner's Client, your Petitioner also made Use of his Name; and your Petitioner the rather did the same without troubling them, because, the Appellant Rutter Senior being an Attorney, your Petitioner did not suppose they would take any Fee for the same; but, if your Petitioner had had the least Intimation of your Lordships Order, or that setting the said Names to the said Appeal would have been construed as an Indignity, or the least Disrespect, to your Lordships, your Petitioner would not have done it upon any Account.
"And your Petitioner, being heartily sorry for his said Error, doth entirely submit himself to your Lordships; humbly desiring your Lordships to consider candidly of what he has done; and that he did it, as the Truth is, only as the Means to bring the Matter in Judgement before your Lordships; and humbly prays to be dismissed out of Custody, as to your Lordships shall seem meet.
Committee to consider of a proper Method of proceeding against him.
The Lords following were appointed a Committee, to inspect Precedents, in order to see, and report to the House, what is a proper Way of proceeding against the said James Mynde, upon his Consession now made by his Petition; (videlicet,)
Precedents of Orders for the Attorney General to prosecutes.
Rutter's Appeal dismissed, with Costs.
Whereas, it appearing to this House, that the aforementioned Appeal of William Rutter Senior, William Rutter Junior, and John Cay, was brought irregularly, and contrary to their Lordships Standing Order:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appeal be, and is hereby, dismissed this House; but without Prejudice to any Right the Appellants may have in the Matter in Question, if they shall be advised hereafter to appeal for the same.
And it is hereby further Ordered, That the said Appellants do pay, or cause to be paid, to the Respondent William Tyson, the Sum of Twenty Pounds, for his Costs and Trouble sustained on account of the said Appeal.