Selected quad for the lemma: lord_n

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lord_n	aforesaid_a	king_n	say_a	23,782	5	7.5787	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

proceeding truely informe your Majestie And that two of the Judges of your Highnesse Bench namely Justice Dodridge and Justice Whitlocke may deliver likewise their opinions unto your Majestie for the clearing thereof which being done that your gracious Majestie would be pleased to give Order to your Solliciter Generall to draw a Pro●…ation ready for your Majesties Signature thereby commanding the said Dequester and all others whom soever except your Petitioner and his deputies and servants under his Hand and Seale already authorized to surcease the execution of transporting and importing of any Merchants Tradsmen or others your Majesties subjects Letters from or into the Citie of London into or from forreigne parts according to such Proclamations formerly in the like kinde and under such paines and penalties as heretofore have beene set downe in the same Proclamation And your Petitioner c. His Majesties Reference on the said Petition At the Court at Whitehall the 4. Feb. 1625. Sir Robert Heath his Majesties Arturney Generall ordered to report HIs Majestie is graciously pleased that Master Atturny Generall examine the proceedings mentioned in this Petition and certisie his Majestie concerning the same with his opinion of the Petitioners right and if the Patent of Dequesters be void by Jury and Verdict of twelve men and the true cause why the Judges have forborne to give Judgement and then his Majestie will further signifie his royall pleasure Thomas Aylesbury Report of Sir Robert Heath his Majesties Atturny Generall Office of Post-master generall of England an ancient Office and Dequester the Lord Stanhops Deputie ACcording to your Majesties command I have examined the proceedings mentioned in that Petition and doe finde it true That the Office of Postmastership of England is an antient Office that Dequester was for divers yeares Deputie under John Lord Stanhope who had this Office for the forreigne service Dequesters false suggestions That Dequester afterwards found the meanes to obtaine a Patent to himselfe of all the forreigne service suggesting that the Lord Stanhopes Grants was but for all Packets of Letters within this Realme and that your Majestie might grant another for those which should be carried out of the Realme Dequesters Patent condemned by a Verdict at Law That Charles Lord Stanhope now the Postmaster brought his Action upon a long evidence Had a verdict for himself against Dequesters Patent but the Judges have not given judgement according to the verdict for some default in the Declaration of the Plaintife but not for any dislike of the verdict That above fifty Merchants trading for the Neatherlands did certifie under their hands the prejudice they suffer by Dequesters partiality in delivering Merchant Strangers Letters which being the intelligence of their trade before the Letters of the English Lord Stanhopes right to the forreine businesse as Post-master generall Upon which I conceive my Lord Stanhope had right to this imployment as incident to the place of Postmaster Generall And it is the more convenient because your Merchants desire to have a meere Englishman whom they know and trust and if it be setled with the Lord Stanhope and his Deputy Matthew Dequester if he shall finde incouragement may neverthelesse bring his action and make an experience if upon a new tryall hee can procure a verdict for him and his title Ro Heath NOtwithstanding this benigne Reference from his Majesty and so ample and just a Report made by so many Honourable Personages the power and subtilty of Matthew Dequester was such as the Lord Stanhope was still deluded by him Whereupon Henry Billingsley Deputy to the said Lord Stanhope was forced severall times to have recourse unto the Parliament quarto Caroli Copy of his second Petition being this that followes together with an Order of the Commons House thereupon and Report of the Committee appointed in that behalfe To the Honourable Assembly in the Commons House of Parliament The humble Petition of the Merchants of London in generall and of Henry Billingsley in particular Sheweth Pitition of Mr. Hen. Billingsley Deputy to the Lord Stanhope 4. Caroli THat whereas your Petitioners having heretofore exhibited a Petition to the grand Committee for grievances against one Matthew Dequester concerning the Postmasters office in conveighing Letters beyond the Seas wherein is set forth the great abuse offered to your Petitioners by the said Dequester in the execution of the said office a time now long since past was appointed by the Honourable Committee to heare the said cause but by reason of many other urgent and weighty occasions and other Petitions of grievances which had priority in the exhibition your Petitioners complaint hath not as yet been heard but your Petitioner Billingsley ever since detained a prisoner in the Marshallsea concerning that businesse Your Petitioners humbly pray this Honourable Assembly will vouchsafe a speciall Committee to heare their said agrievances whereby some speedy order may bee taken for the reliefe of your Petitioners and the discharge of the said Billingsley out of prison as to your wisdome shall seem meete And they shall daily pray for the prosperous successe of this Honourable Assembly HENRY BILLINGSLEY Order of the Commons House upon the said Petition Sabat 14. Junii quarto Caroli Order of the Commons House 4. Caroli A Petition was this day read in the Commons House of Parliament Exhibited in the name of Merchants of London in generall and of Henry Billingsley in particular Shewing that upon a Petition formerly exhibited to the said House against one Matthew Dequester concerning the Postmasters office in conveighing Letters beyond the Seas and other matters in the said former Petition mentioned a time now long since past was appointed by the grand Committee for grievances for the hearing of the said cause which by reason of many other weighty occasions interceding hath not yet been heard but the said Billingsley still detained a prisoner concerning the said businesse And therefore it was humbly prayed by the said Petitioner That a speciall Committee might be appointed by the said House to heare the said complaint whereupon it is ordered by the said House that Mr. Alderman Molson Mr. Alderman Cl●therow Mr. William Cunstable Mr. Roydon Mr. Edward Basse Mr. Rolles the Lawyer Mr. Earle Mr. Matthewes Mr. Ginn●r Mr. Barker Mr. Sherwell Mr. Oldsworth Mr. Strode Mr. Kerkeham Mr. Waller Mr. Bunch Mr. Rolles Sir Tho Heate Sir Tho. Steward Mr. Lawley Sir Edward Giles Mr. Doughtie shall take consideration of the cause contained in the said Petitions and for that purpose are to meet on Munday next at two of the Clock in the afternoone in the Exchequer Chamber and Matthew Dequester and all other persons whom this businesse concerneth are to have notice given of the said time and place and the said Matthew Dequester is then to bring with him his Letters Patents concerning the said office and the said parties may be then heard with their Counsell if they thinke fit This Committee having

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