Originally from Shropshire, Mutton’s ancestors settled in the borough of Rhuddlan, Flintshire in the fourteenth century. Like most English immigrants, they intermarried with native families, and Mutton himself was fluent in Welsh, his letter to his mother on the occasion of his first marriage being one of the earliest surviving examples of the written vernacular.
Mutton was not a prominent Member in 1604-10: he is not recorded to have spoken, and he missed the last six weeks of the second session, having been given leave of absence on 10 Apr. 1606. Thereafter he may have been only infrequently in attendance at Westminster, as he received only one mention in the Commons’ Journal in 1607 (6 Mar.) and just three in the spring of 1610 (17 Apr., 19 Apr., 8 May); other evidence also places him at Westminster in May 1610, when Lord President [Ralph] Eure† sought his advice about complaints from tenants of Welsh Crown lands. He left no trace on the sparse records of the fifth session, and almost certainly missed the opening, as he attended a funeral in Bodfari, Flintshire only two days before the session began.
Like most lawyers, Mutton built up his practice through local contacts. His neighbour Thomas Salusbury of Galltfaenan, Denbighshire sought his advice in 1609, and subsequently appointed him a trustee of his estates. The most important of Mutton’s early clients was Sir Thomas Myddelton I*: in 1604 he tried to arrange a marriage between Myddelton’s daughter and the heir of Sir John Wynn† of Gwydir, and it seems to have been largely through his efforts that the girl was matched with his neighbour Harry Salusbury of Lleweni in 1606.
Mutton’s connection with Ellesmere, through Panton, may have provided the patronage he needed to succeed John Walsgrove alias Fleet† as attorney-general of the Council in the Marches in 1607. As the post entailed regular attendance at Ludlow, he was obliged to reduce his practice in London to the extent that he almost forfeited his chambers at Lincoln’s Inn, which may help to explain why he resigned the attorneyship in 1614. He subsequently maintained his links with Ludlow, becoming a member of the Council in the Marches in 1617, and using the court himself in a dispute over his family’s burial rights at Rhuddlan church in 1621.
Ellesmere’s death in 1617 robbed Mutton of his most important patron, but Sir John Wynn, one of his clients since 1615, put him in contact with another in the shape of Wynn’s former protégé John Williams, dean of Westminster, who sought his advice over the settlement of his estates at Cochwillan, Caernarvonshire in 1620. Shortly after Williams became lord keeper in 1621, Sir John Wynn’s son Owen reported that Mutton was ‘not so grateful with my lord [keeper] as it is thought in our country; he might well have stayed at home for any gain he gets by his practice’.
Mutton did not stand for re-election as knight for Denbighshire: his patron Sir John Salusbury died in 1612, and the latter’s son put himself forward for the seat in 1614. He is not known to have sought election to the 1621 Parliament either, but in December 1623 Owen Wynn promised him the Gwydir interest if he resolved to stand for Caernarvonshire. As the Wynns had suffered a crushing defeat in 1621, the offer was less generous than it seemed, but Mutton was ultimately brought in for the borough seat with the backing of two of the corporation officials, the Wynns’ allies Sir William Thomas and William Griffith.
Towards the end of the parliamentary session Mutton upset the Wynns by signing Sir Eubule Thelwall’s* petition against a proposed grant of the Welsh greenwax fines to (Sir) Richard Wynn*, an offence he compounded while on circuit in August 1624 by searching for precedents to use in this case at the Caernarvon Exchequer.
Lord Keeper Williams’ dismissal in November 1625 undoubtedly harmed Mutton’s chances of finding a parliamentary seat thereafter; not surprisingly, he seems to have been unwilling to try his chances at Caernarvonshire in 1626. He was ultimately co-opted to the Lords as a legal assistant, a last-minute appointment which required him to resign his scheduled appointment as reader at Lincoln’s Inn. His services were little used: he carried two bills down to the Commons (19 May, 10 June), and on 13 June he was appointed to take the depositions of witnesses for the earl of Bristol (Sir John Digby*) in the latter’s impeachment case.
Mutton continued as chief justice until his death, but without Williams’ patronage he can have had few hopes of further promotion. His prime concern in his later years was the preferment of his two daughters. The elder was married to Robert Davies of Gwysaney, Flintshire, who became heir to Mutton’s estates, and the younger to Kenrick Eyton† of Eyton, Denbighshire, for whom he secured a reversion of the prothonotaryship of Denbigh and Montgomery. Mutton died at Lleweni on 14 Nov. 1637, and was buried at Henllan five days later.
