House of Lords Journal Volume 20
12 May 1716

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1767-1830

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'House of Lords Journal Volume 20: 12 May 1716', Journal of the House of Lords: volume 20: 1714-1717 (1767-1830), pp. 356-358. URL: http://www.british-history.ac.uk/report.aspx?compid=38576 Date accessed: 26 July 2014.


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DIE Sabbati, 12 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Carliol.
Epus. Menev.
Epus. Gloucestr.
Epus. Asaphen.
Ds. Cowper, Cancellarius.
Dux Somerset.
Dux Bucks & Nor.
Dux Kent.
Comes Lincoln.
Comes Westmorland.
Comes Manchester.
Comes Stamford.
Comes Clarendon.
Comes Burlington.
Comes Nottingham.
Comes Abingdon.
Comes Portland.
Comes Scarbrough.
Comes Warrington.
Comes Grantham.
Comes Cholmondeley.
Comes Buchan.
Comes I'lay.
Comes Strafford.
Comes Rockingham.
Comes Aylesford.
Ds. Willughby Br.
Ds. Teynham.
Ds. Compton.
Ds. Cornwallis.
Ds. Carteret.
Ds. Rosse.
Ds. Belhaven.
Ds. Mansel.
Ds. Bingley.
Ds. Saunderson.
Ds. Harborough.
Ds. Carleton.

PRAYERS.

Tobacco, &c. Abuses to prevent, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to prevent the Mischiefs by manufacturing Leaves, or other Things, to resemble Tobacco; and the Abuses in making and mixing of Snuff."

Sunderland's 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."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Porteous versus Fordice.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Andrew Porteous in Deboig is Appellant, and Thomas Fordice and his Wife are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday next, at Eleven a Clock.

Mynde's Clerk examined.

George Cooper attending (according to Order):

He was called in; and examined, upon Oath, at the Bar, in relation to the setting of Counsel's Names to the Appeal of William Rutter and others.

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."

And he withdrew.

Mynde's Petition.

Then a Petition of the said James Mynde being offered to the House; he was (pursuant to their Lordships Order Yesterday) brought to the Bar.

And the said Petition was shewed to him; and he acknowledging the same to be signed by him:

It was read, as follows:


"Inter
Willi'mum Rutter Senior, Willi'mum Rutter Junior, et Joh'em Cay, Appellants.
Et
Willi'mum Tyson Respondent.

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"The humble Petition of James Mynde Gentleman, an Attorney at Law, Solicitor for the Appellants in this Cause, now in Custody of the Black Rod;

"Humbly sheweth,

"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.

"And your Petitioner shall ever pray, &c.

"Ja. Mynde."

Which being done; the said James Mynde was asked, If he had any Thing further to offer?"

Who answering, "He had not;" he was directed to withdraw.

And being accordingly withdrawn:

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,)

Dux Somerset.
Dux Bucks.
Dux Kent.
Comes Lincoln.
Comes Westmorland.
Comes Manchester.
Comes Stamford.
Comes Clarendon.
Comes Burlington.
Comes Nottingham.
Comes Abingdon.
Comes Portland.
Comes Scarbrough.
Comes Warrington.
Comes Grantham.
Comes Cholmondeley.
Comes Buchan.
Comes I'lay.
Comes Strafford.
Comes Rockingham.
Comes Aylesford.
Epus. Carliol.
Epus. Menev.
Epus. Gloucestr.
Epus. Asaph.
Ds. Willoughby Br.
Ds. Teynham.
Ds. Compton.
Ds. Cornwallis.
Ds. Carteret.
Ds. Rosse.
Ds. Belhaven.
Ds. Mansel.
Ds. Bingley.
Ds. Saunderson.
Ds. Harborough.
Ds. Carleton.

Their Lordships, or any Three of them; to meet on Tuesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Precedents of Orders for the Attorney General to prosecutes.

Ordered, That the said Committee do also inspect Precedents, in what Manner Orders have been made by this House for Prosecutions by the Attorney General; and report to the House.

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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.