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A93791 A discourse briefly shewing the true state and title of the Comptroller, or Postmaster generall of England the Lord Stanhopes right to it, and consequently to the forraigne and inland letter offices, as incident thereunto, and more plainly appeares by a report of Sir Robert Heath, then his Maiesties atturney generall: by a verdict or jury of 12. men in the Kings bench, and a report in the Commons House of Parliament, in the 4. of our gratious soveraigne. 12. Novembris, 37 Henrici Octavi. Stanhope of Harrington, Charles Stanhope, Baron, 1595-1675. 1646 (1646) Wing S5221A; ESTC R184580 13,925 42

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A discourse briefly shewing the true State and Title of the Comptroller or Postmaster generall of England the Lord Stanhopes right to it and consequently to the forraigne and Inland Letter Offices as incident thereunto and more plainly appeares by a Report of Sir Robert Heath then his Maiesties Atturney generall By a Verdict or Jury of 12. men in the Kings Bench and a Report in the Commons House of Parliament in the 4. of our Gratious Soveraigne 12. Novembris 37. Henrici Octavi THe King granted unto Sir William Paget principall Secretary of State and John Mason French Secretary and the longer liver of them an Office called Officium Magistri Nunciorum Cursorum five Postarum tam infra Regnum nostrum Angliae quam in quibuscunque alijs partibus transmarinis in nostro dominio existentibus with a Pension of 66. li. 13. s. 4 d. per annum To hold occupie and enjoy by themselves or their sufficient Deputie or Deputies during their owne lives or the life of the longer liver of them with all profits commodities and advantages belonging to the said Office in such ample and large manner and forme as Sir Brian Tuke Knight or any other person or persons in the said Office had received or enjoyed for the execution of it 4 May 9. Elizabethae The Queene grants unto Thomas Randolph the same Office in these words Officium Magistri nunciorum cursorum communiter vocatum Postarum nostrarum tam Infra Regnum nostrum Angliae quam in quibuscunque alijs partibus transmarinis in Nostro Dominio existentibus with the same Pension of 66. li. 13. s. 4. d. per annum to ho●…●s aforesaid in as ample manner and forme as John Mason or any other that enjoyed the said Office c. 14. Septembris 1569. Thomas Randolph in vertue of the aforesaid Grant makes a Deputation to Rafaell Vandeput to be the Merchant Strangers Post within the citie of London to enjoy it with all the profits and priviledges that Christian Susling enjoyed 21. Junii 22. Elizabethae the Queene made a Grant of the same office unto John Lord Stanhope in the same words of Officium Magistri nunciorum cursorum communiter vocatum Postarum nostrarum tam infra Regnum nostrum Angliae quam in quibuscunque aliis partibus transmarinis in nostro dominio existentibus with the same Pension and with all the profits commodities and advantages in as ample manner and forme as Sir John Mason Thomas Randalph or any body else who had formerly enjoyed the said Office 18. Decembris 1. Jacobi Anno Domini 1603. John Lord Stanhope In vertue of the former Grant makes a Deputation unto Mathew Dequester for his life to be the Merchant strangers Post-within the city of London to enjoy it with all profits and priviledges in as ample manner as Rafaell Vandeput had done before him 25. Julii 5. Jacobi John Lord Stanhope having surrendered his former Grant the King makes a new Grant of the same Office unto the said John Lord Stanhope and Charles his Sonne in the very same words to hold and enjoy during both their lives the longer liver of them by themselves or their sufficient Deputie or Deputies with the same Pension and all other profits regards diet commodities and advantages belonging or pertaining unto the said Office in as ample manner and forme as Sir John Mason Thomas Randolph or the same John Lord Stanhope himselfe or any body else in the said Office had formerly enjoyed 13. Aprill 17. Jacobi The King as is alleadged erects a new Office of Postmaster of England for forraine parts out of his Majesties Dominions conferring it upon Matthew Dequester the father and Matthew Dequester the Sonne for their lives or the longer liver of them with power and authotitie to themselves sufficient deputie or Deputies servant or servants to have the sole taking up sending or conveying of all packets and letters concerning the service of us our heires and successors and of all other packets and letters to have the nominating and appointing of Posts and Cariers necessary and convenient as well within the Realm of England as in any forreine parts for the conveying exporting and importing such letters packets as aforesaid and from time to time demand and take for the execution of the said Office for their paines of the parties that should imploy them all and every the like summe and summes of mony rewards Rates and emolluments respectively as then were and afterwards should be lawfully or usually taken for or in respect of doing or performing of the same or the like businesse c. 15. Martii 7. Caroli The King reciting the former Patent and taking notice that Matthew Dequester the sonne was dead and M. Dequester the father still living grants a Reversion of the said Office unto William Frizell M. Thomas Witherings for both their lives or the longer liver of them to beginne immediatly after the death of Matthew Dequester the father and to receive the same benefits Emollumants and rewards specified in Dequesters Patent aforegoing c. 25. Aprilis 13. Caroli Charles Lord Stanhope was commanded to bring his Letters Patents to the Councell Table 22. Junii 13. Caroli Patent of Mr. Witherings a Monopoly prohibiting all others to carry Letters but himselfe The King as is alleadged creates and erects a new Office to be called The Letter Office of England declaring there should be one Officer from time to time appointed to receive and send all Letters to and fro within his Majesties Dominions of England Scotland and Ireland where the said Officer shall settle Posts except such Letters as shall be sent by common knowne Carriers along with their Carts Wagons or Pack-horses and a letter or more sent by a Messenger on purpose or by a friend to have and take for Postage and conveyance thereof certaine rates therein specified and this Office the King grants unto Master Thomas Witherings during his naturall life to bee exercised by himselfe his Deputies or Assignes and the said Master Witherings at the same time covenanting to pay unto certaine Postmasters of the foure principall Rodes of England certaine summes of money amounting to 2053. li. 11. s. 4. d. according to a Schedule thereto annexed for which summes of money they were bound to runne in post and carrie once a weeke both inwards and outwards the Maile or Mailes of Letters without further charge and allowance 1. Julii 13. Caroli The King grants unto Sir John Cooke and Sir Francis Wind banke Knights principall Secretaries of State Officium Magistri Nunciorum cursorum communiter vocatum Postarum nostrarum infra dominica nostra with a Pension of 66. li. 13. s. 4. d. per annum and all other profits Rights Regards Diets Commodities and advantages belonging or appertaining unto the said Office to hold and enjoy the premises by themselves or by their Deputie or Deputies during their lives or the longer liver of them in the said Office of
principall Secretaries of State in as ample manner and forme as Sir Iohn Mason Thomas Randolph Iohn Lord Stanhope or any other that formerly had or enjoyed the said Office and further declares that for the future the said Office shall be joyned and annexed unto the Office or place of chiese Secretaries of State for the time being successively c. Lord Stanhope and his predecessors Postmasters generall of England for 80. yeares By the fore-recited Patents it appeares how Charles Lord Stanhope and his predecessors in the Office were Controllers or Postmasters generall of England from the 37. of Henry the 8. untill the 17. of King Iames which is about fourescore yeares and the deceased Lord Stanhope did not onely by himselfe and deputies enjoy the said Office without disturbance for thirtie yeares together but by vertue thereof in December 1603. makes a Deputation unto Matthew Dequester for his life Mr. Dequester Lord Stanhopes Deputy to be the Merchant Strangers Post within the city of London under whom in subordination to the L. Stanhope were nine other called the forrain Posts or Curriers who by turnes went to and fro into France Flanders and Holland with all packets and letters both of the State and particular Merchants and Matthew Dequester continually by his place reciding at the Office in London at the arrivall of each forreigne Post or Currier Nine Curriers or Forreigne Posts received the Letters and distributed them abroad unto Merchants and likewise collecting the Merchants letters delivered them to the Curriers to be exported and for this labour and paines of his had a noble a voyage of each Currier inwards Dequester had only one tenth part of the fruits outwards and a noble each voyage inwards and the tenth part of all the profits outwards the Curriers enjoying the rest themselves and this appeares by sundry Proclamations the originall Deputation unto Matthew Dequester under Iohn Lord Stanhops hand 18. Decem. 1603. Matthew Dequesters owne hand writing and the deposition of thousands still living if it were needfull Matthew Dequester having thus managed the Office for the forraine Letters as deputie to the Lord Stanhope about 20. yeares Dequester betraying the Lord Stanhope whose servant he had beene for 20. yeares either out of vaine-glory covetousnes or some sinister respects or other finds means to informe the King how the Lord Stanhops Patent was only for services to be done in forreine parts within the Kings Dominions and hereupon under 13. Aprill 17. Iacobi the King makes a Grant unto Mat. Dequester the father and Mat. Dequester the sonne for their lives or the longer liver of them to be Postmasters of England for services to be done in forreinparts being out of his Majesties Dominions and by vertue thereof pretended to settle Posts and Carriers within his Majesties Dominions of England and began effectually to carry to and fro within the Kingdome all such Letters and Packets as were to goe out or come from abroad by force and vertue of the aforesaid Grant about which time Iohn Lord Stanhope dying Charles Lord Stanhope having notice hereof made opposition whereupon on the 19. of December 21. Iacobi the King by his Letters Patents declares that sithence the making of the said Letters Patents the 17 Iacobi Charles Lord Stanhope of Harington made complaint that the said Grant unto Dequester did trench into the office which the said Charles Lord Stanhope held of Postmaster generall as well within the Kingdome of England as in whatsoever parts beyond the seas within his Majesties Dominions his Majestie was pleased to referre the said complaint unto William late Earle of Penbrooke Sir George Calvert principall Secretary of State Sir Thomas Coventry his Majesties Attorny Generall and Sir Robert Heath his Majesties Soliciter Generall who certified under their hands that the said Lord Stanhopes Grant of Master of his Majesties Posts did extend but to such services as were to be done in the Realme of England Lord Stanhopes Grant extend to all services to be done within his Majesties Domions and others his said Majesties Dominions and that Dequesters Patent extended onely to services to be done out of his Majesties Dominions Master Dequester notwithstanding continuing to incroach upon the priviledges of Charles Lord Stanhope Post-master Generall of England Dequesters Patent extended onely to services to be done out of his Majesties Dominions and other his Majesties Dominions the said Lord petitions King Iames of happy memory for leave to trie his title at Law and having commenced a sute after along Evidence obtaines a Verdict in Hillary Terme 22. Iacobi for the validitie of his owne Patent against Dequesters A Verdict in the Kings Bence for the Lord Stanhopes Patent against Dequester but the said Charles Lord Stanhope being still deluded was constrained to petition our gratious Soveraigne that now is Copies of which Petitions together with his Majesties Reference and the Report thereupon extracted from the Originall hereafter follow To the Kings most excellent Majesty The humble Petition of Charles Lord Stanhope of Harington Most humbly shewing unto your most gracious Majestie Lord Stanhops Petition to the Parliament 4. Caroli THat whereas it pleased your Majesties late Father of worthy memory King Iames to invest upon your Petitioner and his deceased Father Iohn Lord Stanhope of Harington the Office of Postmaster generall of all his Majesties Dominions whatsoever as well within the Realme of England as in whatsoever place beyond the seas And whereas your Petitioners Father did in his life time appoint one Matthew Dequester a Dutch man to be his Deputie for transporting and importing of letters from London into and from forreigne parts Dequesters fraudulent dealing towards his old Master which Matthew Dequester taking advantage of such defects as he supposed to be in your Petitioners Patent did fraudulently and cunningly procure a Patent from your Highnesses Father for transporting and importing of Letters out of your Highnesse Dominions into and from forreigne parts thereby supposing to deceive your Petitioner of a great part of his Office to your Petitioners great dishonour and disgrace The Title of your Petitioners Patent It pleased your Father of famous memory to give leave to trie at Law as by the Petition annexed appeareth And for as much as your Petitioner hath tried his Title at Law accordingly and recovered his right thereby Dequesters Patent declared void by Law by which the Patent of Dequester appeares to be void by a Jury and Verdict of twelve men although the Judges for matter of words in the Declaration not for any thing in substance have staied Judgement May it therefore please your gratious Maiestie notwithstanding the Verdict so passed against Matthew Dequester his Patent for your Highnesse better satisfaction that the Office is truely belonging to your Petitioner to call before your Majestie your Atturny Generall who can by the Verdict recovered and recorded and being fully acquainted in all the
taken information of the businesse declared how Dequester procured his Patent from the King by untrue suggestions and that the imprisonment of Billin sley by Dequester was uniust the rather in regard a verdict at Law had passed against the said Dequester therein as more at large in the Report it selfe which followes Martis 24. Junii 4. Caroli Report of the Committee 4. Caroli Declare Dequester to have beene the Lord Starhops Deputie procures a Patent upon untrue suggestions REport was this day made from the Committee appointed to consider of the Petition exhibited unto this House by Henry Billingsley against a Patent lately obtained by Matthew Dequester for the sole carrying of all Letters beyond the Seas and from thence into this Kingdome upon which Report it appeared that the said Matthew Dequester had for many yeares together carryed Letters beyond the Seas and from thence hither by vertue of a deputation to him therein made by the Lord Stanhope Post-master of England and having so done did larely upon some untrue suggestions procure to himself the said Patent from his Maiesty and then opposed the Patent of Postmaster granted to the said Lord Stanhope by force whereof himselfe had long time taken upon him the carriage of such Letters And it further appeared that the said Dequester had abused his said Patent in the execution thereof to the great preiudice of the English Me chants who being by him restrained from sending or receiving their Letters by ●ny other Post but himselfe and having cut up some Packets of Letters sent by the Merchants by other Post did himselfe being an Alien borne deliver the Letters of the merchant Strangers before the English to their great damage and likewise exacted money from the English merchants besides the dae fee before they could get their Letters And that the said Dequester procured he said Petitioner Billingsley deputed by the said Lord Stanhope to carry the said Letters to be imprisoned for carrying thereof which imprisonment the Commit●ee conceived to be unjust Agai●… ●…ster the rather because a verdict at Law hath passed against the said Dequrster therein Whereupon it is declared and adiudged by the said House of Commons that the said Patent so gran●ed to the said Dequester is a grievan●e in the execution And it is further ordered that he said Commi●ee shall frame and tender to the House a Petition to be presented to his Maiesty for the inlargement of the said Billingsl●y out of prison whe●e hee hath been imprisoned by the space of thirteen weekes And are to meet at seaven of the Clock to morrow morning in the Court of Wards Po. E. Brighte THus was the Patent of Dequester on all sides found uniust and the Honour●ble House of Commons having then daclared and adiudged the same a grievance would no doubt have put the Lord Stanhope againe in possession had not that Parliament been unhappily dissolved within two dayes after the said Report was made But Dequester though incessantly opposed by so much right and reason did so often imp●ison Billingsley and perplexe him otherwise as was his utter undoing in the end and by that meanes continued by himselfe the execution of his unduly got Patent till the 20. of Febr. 1631. which was twelve yeares and it is remarkable that Dequester during all the time did neither more nor lesse about Services to be done out of his Maiesties Dominions which was the Tenure of the Kings immediate Grant unto himselfe than what he did before as Deputy to the Lord Stanhope for twenty yeares together But now under the 20. of Febr. 1631. as afores●id Matthew Dequester makes a deputation of his forrame Postmastership concerning services to be don● out of his Majesties Dominions unto Mr. Thomas Witherings with all rights and priviledges thereunto belonging and then Covenants that if he the said Mr Thomas Witherings or his Assignes or any other shall obtain a new Patent 〈…〉 forraine Posts and Curriers shall be co●… and the said Mr. Witherings thereby also promises that the number of the said nine Curriers shall not be encreased but by him continued as then they were with all the priviledges and benefits they then usually enjoyed ●…gs 〈…〉 Mr. Witherings by vertue of this deputation from Dequester and the reversion granted Frizell and himselfe the 15. of March following 7. Coroli being in possession and exercise of the forraigne businesse continued to make use of these nine forraigne Posts or Curriers some few moneths only and then turned them all out of their imployment and office which they had purchased for their lives and Mr. Witherings himself covenanted with Dequester as aforesaid to keep them in by which device of his he comes to enjoy the whole fruits of the forraigne office himselfe who before was to have had not above the twentieth part the other nineteene parts being divided betwixt these nine Curriers who by this proiect may have suffered already about twenty thousand pounds sterling And if it be alleadged as it may truly that the said forraign Letters go now more speedily and orderly by this way of Stasfetta then formerly yet it is as easily replyed that though the good of the weale publique be in no kinde to be omitted nor advancement of the office neglected that in such case the improvement of the office should be alike to all the interessed and not some all some none at all especially in this case of the forraigne Curriers who equally with Mr. Witherings had their offices for their lives and better title derived from the Lord Stanhope Whereas Mr. Witherings his was only from Matthew Dequester by deputation or what Dequester had in reversion The Lord Stanhope and his Deputies being thus outed of their profits and employment about forraine services which their Predecessors Postmasters generall of England had for above fourescore yeares together enioyed uncontrollably did still continue to carry to and fro within the Kingdomes all packets of letters both of State and Subiects which were brought unto them for such rates and benefits as was agreed between the parties every man being free to send his Letters by whom he would and to pay as little as he could and thus it continued till a little before 1637. 22. Junii 13. Caroli at which time Mr. Witherings upon misinformation obtaines a grant from the King whereby he since pretends to carry all Letters himselfe which how far it entrenches upon the freemans liberty will no doubt be duly weighed and considered of by the Parliament Matthew Dequester 17. of King James upon the obtaining to be Postmaster of England for services to be done out of his Maiesties Dominions al●eadged in his owne Patent that the Lord Stanhopes grant was of service to be done within his Maiesties Dominions only and so was content to let the Lord Stanhope have the inland businesse which shewed at least he had some consci●nce and would tell truth though not the whole truth 〈…〉 businesse by the same Law and with
as much equity did Mr. Witherings turne his officers and his deputies out of the inland businesse and yet both by Dequester and Mr. Witherings acknowledged to be postmaster generall of England and all other his Maiesties Dominions The Lord Stanhope thus knowne to be postmaster of England besides the continuall practice and prescription of his predecessors for fourescore yeares together the very title and sound of postmaster generall of England is sufficient to tell every one that he and his deputies are they that should likely take charge and carry the Letters to and fro so long as they are in England Dequesters ●…fession of Lord Sta●… Patent And Matthew Dequester in his second Patent 17. Jacobi confessed himselfe to be Post-master for services only to be done out of England and that the Lord Stanhopes grant and his Were of distinct places one within his Majesties Dominions the other without his Majesties Dominions and yet he by vertue of this Patent for forraigne services and those to be done out of his Maiesties Dominions where the King had no power to grant a priviledge did totally abridge the Lord Stanhope and his deputies from medling within the Kings Dominions with any packets of Letters either of King or Subiect which came from abroad into England or went out of England into forraine parts Againe Mr. Witherings will not deny the Lord Stanhope to be postmaster generall of England and the Posts of England to be his deputies at least he pretends not to be such himselfe and yet constrained the posts upon all the Rodes to carry his Mailes of Letters suffering no body else to carry Letters but these posts deputies to the Lord Stanhope Mr. Wither●… oppression 〈◊〉 the inland Posts and appropriated the whole benefit unto himselfe without the least acknowledgement unto the Lord Stanhope or notice of the posts his deputies unlesse it were to turne some of them out of their places make others pay a second fine and reduce the wages of the rest from above 4000. li. per annum to 2053. li. besides the want of their arreares being many thousand pounds to the utter undoing of many families as in their own Remonstrance more at large appeares But besides the invalidity of Mr. Witherings his patent derived from Dequester which so plainly trenches upon the Lord Stanhope who by that meanes was illegally put out of his possession Mr. Wither●… severall misdemeanour● Mr. Witherings was further accused of ●undry misdemeanours as first opening of packets and letters 2. Not ad●ising the Kings Ministers the receipt of their letters in due time 3. Exaction ●f greater postage of letters 4. Exportation or conniving at exportation of ●old and goods unaccustomed under colour of his office 5. Not suffering ●…e officers to search his passage boate 6. Not holding correspondency with ●…rraine postmasters for want of languages 7. Not payment of duties to for●…ine postmasters 8. Misdemenours of his deputies and servants in both of●… 〈…〉 Mailes for nothing 13. Detaining some mens Letters longer then others 14. Refusing to send away the Kings packets 15. In making a Monopoly of his patent by the ill execution of it And last of his not discharging of the trust the King reposed in him for execution of the said offices and although all these reasons were not specified in ●he sequestration together with the nullity of Dequester and Master Witherings his patent by a verdict in the Kings Bench and the Committees Report to the Commons House of Parliament 4. Caroli a reference to two Honourable personages and his Majesties Atturney and Soliciter generall the oppression of the 9. forraine posts oppression of all the inland posts Carriers Wagons foot-posts and others imprisoned and undone by Mr. Witherings yet his Majesty his privy Counsell and the Secretaries of State were mad● therwith acquainted as doth appeare by the originall petitions and sundry passages at Counsell Table how these were joyntly a meanes with those declared therein to bring on the sequestration which could not well have been deferred any longer 1. Because the objections against Mr. Witherings were many 2. Of a high and heinous nature 3. In regard that offices of this kinde have a tacite condition and obligation annexed unto them of the officers good behaviour and due performance the failing wherein becomes a forfeiture Ipso facto and 4. Because the King was then upon departure for the North and for good government of his owne affaires and better usage of his subjects both which were more liable to suffer in his Majesties absence yet was it not intended that Mr. Witherings should be outed quite without a faire and legall triall for at the same time the King gave order as appeares for a Bill to be put against him in Starchamber the fruits of the offices being only retained in de posito for him till he make good his Titile and cleare himselfe of the misdemeanours he was accused of some whereof are iustified in the House of Commons and at a Committee and others too tedious for this discourse will likewise be made appeare when the Committee pleases but to give leave Yet since Mr. Whitherings is on a sudden so importunate of dispatch to give a touch hereof in briefe may perhaps being suddenly dispersed more speedily informe the Honourable Court of Parliament and save them many a tedious and troublesome sitting That Letters have beene opened quite miscarried and some mens longe● detained than others is proved in the House partly viva voce and partly by severall Letters and a Petition from the English Merchants living in Italy Now since all this and much more may be done by M. Witherings in suc● manner as will be impossible to be proved against him that is when there i● no witnesse by in like cases to prevent inconveniences such proofes are accepted of as can be had which in this case must bee by obliging Mr. Withering● 〈…〉 〈…〉 Witherings should have writ to the Postmaster of Antwerpe Venice Mantua or from whence they came Mr. Wit●… chargea●… all lett●…●…livered and that said Postmaster was to cleare himselfe for sending letters open which diligence if Mr. Witherings cannot prove to have done so often as letters came open he is to be charged with the opening of them himselfe otherwise he may open them all and as often as he please and say he received them so from the Postmaster of Antwerp and the Postmaster of Anwerp may open them at Antwerpe and say it was the Post-master of England and so the whole world be continually abused by a couple of Postmasters there being no other possibility of redresse In like manner totall concealing or detaining some mens letters longer then other some falls flat upon Mr. Witherings thus Mr. W●… charga●… all lett●…●…tained All Letters directed from London to Venice Mantua Antwerp or any other place should be made up together by themselves in a bundle and sealed with the Postmasters knowne seale and from thence