<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2012-03-06</DATE>
<RESPSTMT>
<NAME>Simon Charles</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="OX" ID="A93791">
<STC T="W">S5221A</STC>
<BIBNO T="umi">99895995</BIBNO>
<VID>153620</VID>
</IDG>
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="discourse">
<PB REF="1">
<PB REF="1" MS="y">
<PB REF="2">
<PB REF="2">
<PB REF="3">
<PB N="1" REF="3">
<HEAD>A di&s;cour&s;e briefly &s;hewing the true State and Title of the Comptroller, or Po&s;tma&s;ter generall of England, the Lord <HI>Stanhopes</HI> right to it, and con&s;equently to the forraigne and Inland Letter Offices, as incident thereunto, and more plainly appeares by a Report of Sir <HI>Robert Heath,</HI> then his Maie&s;ties Atturney generall: By a Verdict or Jury of 12. men in the Kings Bench, and a Report in the Commons Hou&s;e of Parliament, in the 4. of our Gratious Soveraigne.</HEAD>
<P><LABEL><DATE>12. Novembris, 37. Henrici Octavi.</DATE></LABEL></P>
<P>_THe King granted unto Sir <HI>William Paget,</HI> principall Secretary of State, and <HI>John Ma|&s;on</HI> French Secretary, and the longer liver of them, an Office called, <HI>Officium Magi&s;tri Nunciorum Cur&s;orum five Po&s;tarum tam in|fra Regnum no&s;trum Angliae, quam in quibu&s;|cunque alijs partibus tran&s;marinis in no&s;tro do|minio exi&s;tentibus,</HI> with a Pen&s;ion of 66. li. 13. s. 4 d. <HI>per annum,</HI> To hold, occupie, and enjoy, by them&s;elves, or their &s;ufficient Deputie, or Deputies, during their owne lives, or the life of the longer liver of them, with all profits, commodities, and ad|vantages belonging to the &s;aid Office, in &s;uch ample and large manner and forme, as Sir <HI>Brian Tuke</HI> Knight, or any other per|&s;on, or per&s;ons in the &s;aid Office, had received or enjoyed for the execution of it.</P>
<P><LABEL><DATE>4 <HI>May,</HI> 9. <HI>Elizabethae.</HI></DATE></LABEL> The Queene grants unto <HI>Thomas Randolph</HI> the &s;ame Office in the&s;e words, <HI>Officium Magi&s;tri nunciorum &amp; cur&s;orum communiter vocatum Po&s;tarum no&s;tra|rum tam Infra Regnum no&s;trum Angliae, quam in quibu&s;cunque alijs partibus tran&s;marinis in No&s;tro Dominio exi&s;tentibus,</HI> with the &s;ame Pen&s;ion of 66. li. 13. s. 4. d. <HI>per annum,</HI> to ho<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> <GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">s a|fore&s;aid, in as ample manner and forme as <HI>John Ma&s;on,</HI> or any other that enjoyed the &s;aid Office, &amp;c.</P>
<P><LABEL><DATE>14. <HI>Septembris</HI> 1569.</DATE></LABEL> <HI>Thomas Randolph</HI> in vertue of the a|fore&s;aid Grant, makes a Deputation to <HI>Rafaell Vandeput</HI> to be the Merchant Strangers Po&s;t within the citie of London, to enjoy it with all the profits and priviledges that <HI>Chri&s;tian Su&s;ling</HI> enjoyed.</P>
<PB N="2" REF="4">
<P><LABEL><DATE>21. <HI>Junii.</HI> 22. <HI>Elizabethae,</HI></DATE></LABEL> the Queene made a Grant of the &s;ame office unto <HI>John</HI> Lord <HI>Stanhope,</HI> in the &s;ame words of <HI>Offi|cium Magi&s;tri nunciorum &amp; cur&s;orum communiter vocatum Po|&s;tarum no&s;trarum tam infra Regnum no&s;trum Angliae, quam in quibu&s;cunque aliis partibus tran&s;marinis in no&s;tro dominio exi&s;ten|tibus,</HI> with the &s;ame Pen&s;ion, and with all the profits, commodi|ties, and advantages in as ample manner and forme, as Sir <HI>John Ma&s;on, Thomas Randalph,</HI> or any body el&s;e who had formerly enjoyed the &s;aid Office.</P>
<P><LABEL><DATE>18. <HI>Decembris.</HI> 1. <HI>Jacobi &amp; Anno Domini,</HI> 1603.</DATE></LABEL> <HI>John</HI> Lord <HI>Stanhope,</HI> In vertue of the former Grant makes a Deputation unto <HI>Mathew Deque&s;ter</HI> for his life, to be the Merchant &s;trangers Po&s;t-within the city of London, to enjoy it with all profits and priviledges in as ample manner as <HI>Rafaell Vandeput</HI> had done before him.</P>
<P><LABEL><DATE>25. <HI>Julii</HI> 5. <HI>Jacobi,</HI></DATE></LABEL> <HI>John</HI> Lord <HI>Stanhope</HI> having &s;urrendered his former Grant, the King makes a new Grant of the &s;ame Of|fice, unto the &s;aid <HI>John</HI> Lord <HI>Stanhope,</HI> and <HI>Charles</HI> his Sonne, in the very &s;ame words, to hold and enjoy during both their lives, &amp; the longer liver of them by them&s;elves, or their &s;ufficient De|putie or Deputies with the &s;ame Pen&s;ion, and all other profits, regards, diet, commodities, and advantages belonging or per|taining unto the &s;aid Office, in as ample manner and forme as Sir <HI>John Ma&s;on, Thomas Randolph,</HI> or the &s;ame <HI>John</HI> Lord <HI>Stan|hope</HI> him&s;elfe or any body el&s;e in the &s;aid Office had formerly enjoyed.</P>
<P><LABEL><DATE>13. <HI>Aprill,</HI> 17. <HI>Jacobi,</HI></DATE></LABEL> The King (as is alleadged) erects a new Office of Po&s;tma&s;ter of England for forraine parts, out of his Maje&s;ties Dominions, conferring it upon <HI>Matthew Deque&s;ter,</HI> the father, and <HI>Matthew Deque&s;ter</HI> the Sonne, for their lives, or the longer liver of them, with power and authotitie to them|&s;elves, &s;ufficient deputie or Deputies, &s;ervant, or &s;ervants, to have the &s;ole taking up, &s;ending, or conveying of all packets and letters concerning the &s;ervice of us, our heires, and &s;ucce&s;|&s;ors, and of all other packets and letters, to have the nominating and appointing of Po&s;ts and Cariers nece&s;&s;ary and convenient, as well within the Realm of England, as in any forreine parts, for the conveying, exporting, and importing &s;uch letters &amp; packets,
<PB N="3" REF="4"> as afore&s;aid, and from time to time demand and take for the exe|cution of the &s;aid Office for their paines of the parties that &s;hould imploy them, all and every the like &s;umme and &s;ummes of mony, rewards, Rates, and emolluments, re&s;pectively as then were, and afterwards &s;hould be lawfully, or u&s;ually taken, for, or in re&s;pect of doing or performing of the &s;ame or the like bu&s;ine&s;&s;e, &amp;c.</P>
<P><LABEL><DATE>15. <HI>Martii</HI> 7. <HI>Caroli,</HI></DATE></LABEL> The King reciting the former Patent, and taking notice that <HI>Matthew Deque&s;ter</HI> the &s;onne was dead, and <HI>M. Deque&s;ter</HI> the father &s;till living, grants a Rever&s;ion of the &s;aid Office unto <HI>William Frizell,</HI> &amp; M. <HI>Thomas Witherings</HI> for both their lives, or the longer liver of them, to beginne immediatly af|ter the death of <HI>Matthew Deque&s;ter</HI> the father, and to receive the &s;ame benefits, Emollumants and rewards &s;pecified in <HI>Deque&s;ters</HI> Patent aforegoing, &amp;c.</P>
<P><LABEL><DATE>25. <HI>Aprilis</HI> 13. <HI>Caroli,</HI></DATE></LABEL> <HI>Charles</HI> Lord <HI>Stanhope</HI> was command|ed to bring his Letters Patents to the Councell Table.</P>
<P><LABEL><DATE>22. <HI>Junii,</HI> 13. <HI>Caroli,</HI></DATE></LABEL> <NOTE PLACE="marg">Patent of Mr. <HI>Witherings</HI> a Monopoly, prohibiting all others to carry Letters but him&s;elfe.</NOTE> The King (as is alleadged) creates, and erects a new Office, to be called <HI>The Letter Office of England,</HI> de|claring there &s;hould be one Officer from time to time appointed to receive, and &s;end all Letters to and fro within his Maje&s;ties Dominions of England, Scotland, and Ireland, where the &s;aid Officer &s;hall &s;ettle Po&s;ts, except &s;uch Letters as &s;hall be &s;ent by common knowne Carriers, along with their Carts, Wagons, or Pack-hor&s;es, and a letter or more &s;ent by a Me&s;&s;enger on purpo&s;e, or by a friend, to have and take for Po&s;tage and con|veyance thereof certaine rates therein &s;pecified: and this Of|fice the King grants unto Ma&s;ter <HI>Thomas Witherings</HI> during his naturall life to bee exerci&s;ed by him&s;elfe, his Deputies or A&s;|&s;ignes, and the &s;aid Ma&s;ter <HI>Witherings</HI> at the &s;ame time cove|nanting to pay unto certaine Po&s;tma&s;ters of the foure principall Rodes of England, certaine &s;ummes of money amounting to 2053. li. 11. s. 4. d. according to a Schedule thereto annexed, for which &s;ummes of money they were bound to runne in po&s;t, and carrie once a weeke both inwards and outwards the Maile or Mailes of Letters without further charge and allowance.</P>
<P><LABEL><DATE>1. <HI>Julii.</HI> 13. <HI>Caroli,</HI></DATE></LABEL> The King grants unto Sir <HI>John Cooke,</HI> and Sir <HI>Francis Wind banke,</HI> Knights, principall Secretaries of State, <HI>Officium Magi&s;tri Nunciorum, &amp; cur&s;orum communiter vocatum Po&s;tarum, no&s;trarum infra dominica no&s;tra,</HI> with a Pen&s;ion of 66.
<PB N="4" REF="5"> li. 13. s. 4. d. <HI>per annum,</HI> and all other profits, Rights, Regards, Diets, Commodities, and advantages belonging or appertaining unto the &s;aid Office, to hold and enjoy the premi&s;es by them&s;elves, or by their Deputie or Deputies during their lives, or the longer liver of them in the &s;aid Office of principall Secretaries of State, in as ample manner and forme as Sir <HI>Iohn Ma&s;on, Thomas Ran|dolph, Iohn</HI> Lord <HI>Stanhope,</HI> or any other that formerly had or en|joyed the &s;aid Office: and further declares, that for the future, the &s;aid Office &s;hall be joyned and annexed unto the Office or place of chie&s;e Secretaries of State for the time being &s;ucce&s;&s;ively, &amp;c.</P>
<P><NOTE PLACE="marg">Lord <HI>Stanhope</HI> and his prede|ce&s;&s;ors Po&s;t|ma&s;ters gene|rall of <HI>England</HI> for 80. yeares.</NOTE> By the fore-recited Patents, it appeares how <HI>Charles</HI> Lord <HI>Stanhope</HI> and his predece&s;&s;ors in the Office were Controllers or Po&s;tma&s;ters generall of England, from the 37. of <HI>Henry</HI> the 8. untill the 17. of King <HI>Iames,</HI> which is about foure&s;core yeares, and the decea&s;ed Lord <HI>Stanhope</HI> did not onely by him&s;elfe and depu|ties enjoy the &s;aid Office without di&s;turbance for thirtie yeares together, but by vertue thereof in <HI>December</HI> 1603. makes a Deputation unto <HI>Matthew Deque&s;ter</HI> for his life, <NOTE PLACE="marg">Mr. <HI>Deque&s;ter,</HI> Lord <HI>Stanhopes</HI> Deputy.</NOTE> to be the Mer|chant Strangers Po&s;t within the city of London, under whom in &s;ubordination to the L. <HI>Stanhope</HI> were nine other, called the forrain Po&s;ts 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 <HI>Matthew Deque&s;ter</HI> conti|nually by his place reciding at the Office in London, at the arri|vall of each forreigne Po&s;t or Currier, <NOTE PLACE="marg">Nine Curriers or Forreigne Po&s;ts.</NOTE> received the Letters, and di&s;tributed them abroad unto Merchants, and likewi&s;e col|lecting 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, <NOTE PLACE="marg"><HI>Deque&s;ter</HI> had only one tenth part of the fruits out|wards, and a noble each voyage in|wards.</NOTE> and the tenth part of all the pro|fits outwards, the Curriers enjoying the re&s;t them&s;elves, and this appeares by &s;undry Proclamations, the originall Deputation un|to <HI>Matthew Deque&s;ter</HI> under <HI>Iohn</HI> Lord <HI>Stanhops</HI> hand, 18. <HI>Decem.</HI> 1603. <HI>Matthew Deque&s;ters</HI> owne hand writing, and the depo&s;i|tion of thou&s;ands &s;till living if it were needfull. <HI>Matthew Deque|&s;ter</HI> having thus managed the Office for the forraine Letters, as deputie to the Lord <HI>Stanhope</HI> about 20. yeares, <NOTE PLACE="marg"><HI>Deque&s;ter</HI> be|traying the Lord <HI>Stanhope</HI> who&s;e &s;ervant he had beene for 20. yeares.</NOTE> either out of vaine|glory, covetou&s;nes, or &s;ome &s;ini&s;ter re&s;pects, or other, finds means to informe the King how the Lord <HI>Stanhops</HI> Patent was only for &s;ervices to be done in forreine parts within the Kings Dominions;
<PB N="5" REF="5"> and hereupon under 13. Aprill 17. <HI>Iacobi</HI> the King makes a Grant unto <HI>Mat. Deque&s;ter</HI> the father, and <HI>Mat. Deque&s;ter</HI> the &s;onne, for their lives, or the longer liver of them to be <HI>Po&s;tma&s;ters of England for &s;ervices to be done in forreinparts being out of his Maje&s;ties Domi|nions,</HI> and by vertue thereof pretended to &s;ettle Po&s;ts and Carriers within his Maje&s;ties Dominions of England, and began effectual|ly to carry to and fro within the Kingdome, all &s;uch Letters and Packets, as were to goe out or come from abroad, by force and vertue of the afore&s;aid Grant: about which time <HI>Iohn</HI> Lord <HI>Stan|hope</HI> dying, <HI>Charles</HI> Lord <HI>Stanhope</HI> having notice hereof, made oppo&s;ition, whereupon on the 19. of <HI>December</HI> 21. <HI>Iacobi,</HI> the King by his Letters Patents declares, that &s;ithence the making of the &s;aid Letters Patents the 17 <HI>Iacobi. Charles</HI> Lord <HI>Stanhope</HI> of Harington made complaint that the &s;aid Grant unto <HI>De|que&s;ter</HI> did trench into the office which the &s;aid <HI>Charles</HI> Lord <HI>Stanhope</HI> held of Po&s;tma&s;ter generall, as well within the King|dome of England, as in what&s;oever parts beyond the &s;eas within his Maje&s;ties Dominions; his Maje&s;tie was plea&s;ed to referre the &s;aid complaint unto <HI>William</HI> late Earle of Penbrooke, Sir <HI>George Calvert,</HI> principall Secretary of State, Sir <HI>Thomas Coventry</HI> his Maje&s;ties Attorny Generall, and Sir <HI>Robert Heath</HI> his Maje&s;ties Soliciter Generall, who certified under their hands, that the &s;aid Lord <HI>Stanhopes</HI> Grant of Ma&s;ter of his Maje&s;ties Po&s;ts did extend but to &s;uch &s;ervices as were to be done in the Realme of England, <NOTE PLACE="marg">Lord <HI>Stanhopes</HI> Grant extend to all &s;ervices to be done within his Ma|je&s;ties Domi|ons.</NOTE> and others his &s;aid Maje&s;ties Dominions, and that <HI>Deque&s;ters</HI> Patent extended onely to &s;ervices to be done out of his Maje|&s;ties Dominions; Ma&s;ter <HI>Deque&s;ter</HI> notwith&s;tanding continuing to incroach upon the priviledges of <HI>Charles</HI> Lord <HI>Stanhope</HI> Po&s;t|ma&s;ter Generall of England, <NOTE PLACE="marg"><HI>Deque&s;ters</HI> Pa|tent extended onely to &s;ervi|ces to be done out of his Ma|je&s;ties Domi|nions.</NOTE> and other his Maje&s;ties Domini|ons, the &s;aid Lord petitions King <HI>Iames</HI> of happy memory for leave to trie his title at Law, and having commenced a &s;ute, af|ter along Evidence obtaines a Verdict in <HI>Hillary</HI> Terme, 22. <HI>Ia|cobi</HI> for the validitie of his owne Patent again&s;t <HI>Deque&s;ters,</HI> <NOTE PLACE="marg">A Verdict in the Kings Bence for the Lord <HI>Stanhopes</HI> Patent again&s;t <HI>Deque&s;ter.</HI></NOTE> but the &s;aid <HI>Charles</HI> Lord <HI>Stanhope</HI> being &s;till deluded, was con&s;trai|ned to petition our gratious Soveraigne that now is; Copies of which Petitions, together with his Maje&s;ties Reference, and the Report thereupon, extracted from the Originall, hereafter fol|low.</P>
<PB N="6" REF="6">
<FLOATEXT LANG="eng" TYPE="petition">
<HEAD>To the Kings mo&s;t excellent Maje&s;ty.</HEAD>
<HEAD>The humble Petition of <HI>Charles</HI> Lord <HI>Stanhope</HI> of <HI>Harington.</HI></HEAD>
<OPENER>Mo&s;t humbly &s;hewing unto your mo&s;t gracious Maje&s;tie,</OPENER>
<P><NOTE PLACE="marg">Lord <HI>Stanhops</HI> Petition to the Parliament, 4. <HI>Caroli.</HI></NOTE> THat whereas it plea&s;ed your Maje&s;ties late Father of worthy memory, <HI>King Iames,</HI> to inve&s;t upon your Petitioner, and his decea&s;ed Father, <HI>Iohn</HI> Lord <HI>Stanhope</HI> of <HI>Harington,</HI> the Office of Po&s;tma&s;ter generall of all his Maje&s;ties Dominions what&s;oever, as well within the Realme of England, as in what&s;oever place be|yond the &s;eas. And whereas your Petitioners Father did in his life time appoint one <HI>Matthew Deque&s;ter</HI> a Dutch man to be his Deputie for tran&s;porting and importing of letters from London, into, and from forreigne parts, <NOTE PLACE="marg"><HI>Deque&s;ters</HI> frau|dulent dealing towards his old Ma&s;ter.</NOTE> which <HI>Matthew Deque&s;ter</HI> (taking advantage of &s;uch defects as he &s;uppo&s;ed to be in your Petitioners Patent) did fraudulently and cunningly procure a Patent from your Highne&s;&s;es Father, for tran&s;porting and importing of Let|ters out of your Highne&s;&s;e Dominions, into, and from forreigne parts, thereby &s;uppo&s;ing to deceive your Petitioner of a great part of his Office, to your Petitioners great di&s;honour and di&s;grace.</P>
<P>The Title of your Petitioners Patent, It plea&s;ed your Father of famous memory, to give leave to trie at Law, as by the Peti|tion annexed appeareth: And for as much as your Petitioner hath tried his Title at Law accordingly, and recovered his right there|by, <NOTE PLACE="marg"><HI>Deque&s;ters</HI> Pa|tent declared void by Law,</NOTE> by which the Patent of <HI>Deque&s;ter</HI> appeares to be void by a Ju|ry and Verdict of twelve men, although the Judges for matter of words in the Declaration, &amp; not for any thing in &s;ub&s;tance, have &s;taied Judgement. May it therefore plea&s;e your gratious Maie&s;tie, (notwith&s;tanding the Verdict &s;o pa&s;&s;ed again&s;t <HI>Matthew Deque|&s;ter</HI> his Patent) for your Highne&s;&s;e better &s;atisfaction, that the Of|fice is truely belonging to your Petitioner, to call before your Maje&s;tie your Atturny Generall, who can (by the Verdict recove|red and recorded, and being fully acquainted in all the procee|ding) truely informe your Maje&s;tie, And that two of the Judges of your Highne&s;&s;e Bench, namely Ju&s;tice <HI>Dodridge,</HI> and Ju&s;tice <HI>Whitlocke</HI> may deliver likewi&s;e their opinions unto your Maje&s;tie
<PB N="7" REF="6"> for the clearing thereof; which being done, that your gracious Maje&s;tie would be plea&s;ed to give Order to your Solliciter Ge|nerall to draw a Pro<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">ation ready for your Maje&s;ties Signa|ture, thereby commanding the &s;aid <HI>Deque&s;ter,</HI> and all others whom &s;oever (except your Petitioner, and his deputies and &s;er|vants under his Hand and Seale already authorized) to &s;urcea&s;e the execution of tran&s;porting and importing of any Merchants, Trad&s;men, or others your Maje&s;ties &s;ubjects Letters, from, or in|to the Citie of London, into, or from forreigne parts, according to &s;uch Proclamations formerly in the like kinde, and under &s;uch paines and penalties as heretofore have beene &s;et downe in the &s;ame Proclamation,</P>
<CLOSER>And your Petitioner, &amp;c.</CLOSER>
</FLOATEXT>
<FLOATEXT LANG="eng" TYPE="reference">
<HEAD>His Maje&s;ties Reference on the &s;aid Petition.</HEAD>
<OPENER><DATELINE>At the Court at Whitehall, <DATE>the 4. Feb. 1625.</DATE></DATELINE></OPENER>
<P><NOTE PLACE="marg">Sir <HI>Robert Heath</HI> his Maje&s;ties Arturney Ge|nerall, ordered to report.</NOTE> HIs Maje&s;tie is graciou&s;ly plea&s;ed, that Ma&s;ter Atturny Ge|nerall examine the proceedings mentioned in this Petition, and certi&s;ie his Maje&s;tie concerning the &s;ame, with his opinion of the Petitioners right, and if the Patent of <HI>Deque&s;ters</HI> be void by Jury and Verdict of twelve men, and the true cau&s;e why the Judges have forborne to give Judgement, and then his Maje&s;tie will further &s;ignifie his royall plea&s;ure.</P>
<CLOSER><SIGNED>Thomas Aylesbury.</SIGNED></CLOSER>
</FLOATEXT>
<FLOATEXT LANG="eng" TYPE="report">
<HEAD>Report of Sir <HI>Robert Heath</HI> his Maje&s;ties At|turny Generall.</HEAD>
<P><NOTE PLACE="marg">Office of Po&s;t|ma&s;ter gene|rall of <HI>England</HI> an ancient Of|fice, and <HI>De|que&s;ter</HI> the Lord <HI>Stanhops</HI> Depu|tie.</NOTE> ACcording to your Maje&s;ties command, I have examined the proceedings mentioned in that Petition, and doe finde it true, That <HI>the Office of Po&s;tma&s;ter&s;hip of England is an antient Office, that Deque&s;ter was for divers yeares Deputie under</HI> John <HI>Lord</HI> Stanhope (who had this Office) for the forreigne &s;ervice.</P>
<P><NOTE PLACE="marg"><HI>Deque&s;ters</HI> fal&s;e &s;ugge&s;tions.</NOTE> That <HI>Deque&s;ter</HI> afterwards found the meanes to obtaine a Pa|tent to him&s;elfe of all the forreigne &s;ervice, &s;ugge&s;ting that the Lord <HI>Stanhopes</HI> Grants was but for all Packets of Letters within this Realme, and that your Maje&s;tie might grant another for tho&s;e which &s;hould be carried out of the Realme.</P>
<PB N="8" REF="7">
<P><NOTE PLACE="marg"><HI>Deque&s;ters</HI> Pa|tent condem|ned by a Ver|dict at Law.</NOTE> That <HI>Charles</HI> Lord <HI>Stanhope</HI> now the Po&s;tma&s;ter, brought his Action &amp; upon a long evidence, <HI>Had a verdict for him&s;elf again&s;t</HI> Deque&s;ters <HI>Patent,</HI> but the Judges have not given judgement ac|cording to the verdict, for &s;ome default in the Declaration of the Plaintife, but not for any di&s;like of the verdict.</P>
<P>That above fifty Merchants trading for the Neatherlands, did certifie under their hands, the prejudice they &s;uffer by <HI>Deque&s;ters</HI> partiality, in delivering Merchant Strangers Letters (which be|ing the intelligence of their trade) before the Letters of the Engli&s;h.</P>
<P><NOTE PLACE="marg">Lord <HI>Stanhopes</HI> right to the forreine bu&s;i|ne&s;&s;e as Po&s;t|ma&s;ter gene|rall.</NOTE> Upon which I conceive my <HI>Lord Stanhope had right to this im|ployment, as incident to the place of Po&s;tma&s;ter Generall.</HI></P>
<P>And it is the more convenient, becau&s;e your Merchants de&s;ire to have a meere Engli&s;hman whom they know and tru&s;t: and if it be &s;etled with the Lord <HI>Stanhope</HI> and his Deputy, <HI>Matthew De|que&s;ter,</HI> if he &s;hall finde incouragement, may neverthele&s;&s;e bring his action, and make an experience, if upon a new tryall hee can procure a verdict for him and his title.</P>
<CLOSER><SIGNED>Ro: Heath.</SIGNED></CLOSER>
</FLOATEXT>
<P>NOtwith&s;tanding this benigne Reference from his Maje&s;ty, and &s;o ample and ju&s;t a Report made by &s;o many Honoura|ble Per&s;onages, the power and &s;ubtilty of <HI>Matthew Deque&s;ter</HI> was &s;uch, as the Lord <HI>Stanhope</HI> was &s;till deluded by him; Whereupon <HI>Henry Billingsley,</HI> Deputy to the &s;aid Lord <HI>Stanhope,</HI> was forced &s;everall times to have recour&s;e unto the Parliament, <HI>quarto Ca|roli,</HI> Copy of his &s;econd Petition being this that followes; toge|ther with an Order of the Commons Hou&s;e thereupon, and Re|port of the Committee appointed in that behalfe.</P>
<FLOATEXT LANG="eng" TYPE="petition">
<HEAD>To the Honourable A&s;&s;embly in the Commons Hou&s;e of Parliament.</HEAD>
<HEAD>The humble Petition of the Merchants of London in generall, and of <HI>Henry Billingsley</HI> in particular.</HEAD>
<OPENER>Sheweth,</OPENER>
<P><NOTE PLACE="marg">Pitition of Mr. <HI>Hen. Billingsley,</HI> Deputy to the Lord <HI>Stanhope.</HI> 4. <HI>Caroli.</HI></NOTE> THat whereas your Petitioners having heretofore exhibited a Petition to the grand Committee for grievances again&s;t one <HI>Matthew Deque&s;ter,</HI> concerning the Po&s;tma&s;ters office in con|veighing
<PB N="9" REF="7"> Letters beyond the Seas; wherein is &s;et forth the great abu&s;e offered to your Petitioners by the &s;aid <HI>Deque&s;ter</HI> in the exe|cution of the &s;aid office, a time now long &s;ince pa&s;t was appointed by the Honourable Committee to heare the &s;aid cau&s;e, but by rea&s;on of many other urgent and weighty occa&s;ions, and other Petitions of grievances which had priority in the exhibition; your Petitioners complaint hath not as yet been heard, but your Petitioner <HI>Billingsley</HI> ever &s;ince detained a pri&s;oner in the Mar|&s;hall&s;ea concerning that bu&s;ine&s;&s;e.</P>
<CLOSER>Your Petitioners humbly pray this Honourable A&s;|&s;embly will vouch&s;afe a &s;peciall Committee to heare their &s;aid agrievances, whereby &s;ome &s;peedy order may bee taken for the reliefe of your Petitioners; and the di&s;|charge of the &s;aid <HI>Billingsley</HI> out of pri&s;on, as to your wi&s;dome &s;hall &s;eem meete.</CLOSER>
<CLOSER>And they &s;hall daily pray for the pro&s;perous &s;ucce&s;&s;e of this Honourable A&s;&s;embly,
<SIGNED>HENRY BILLINGSLEY.</SIGNED></CLOSER>
</FLOATEXT>
<FLOATEXT LANG="eng" TYPE="order">
<HEAD>Order of the Commons Hou&s;e upon the &s;aid Petition.</HEAD>
<OPENER><DATELINE><DATE>Sabat. 14. Junii quarto Caroli.</DATE></DATELINE></OPENER>
<P><NOTE PLACE="marg">Order of the Commons Hou&s;e, 4. <HI>Caroli.</HI></NOTE> A Petition was this day read in the Commons Hou&s;e of Par|liament; Exhibited in the name of Merchants of London in generall, and of <HI>Henry Billingsley</HI> in particular; Shewing that upon a Petition formerly exhibited to the &s;aid Hou&s;e again&s;t one <HI>Matthew Deque&s;ter,</HI> concerning the Po&s;tma&s;ters office, in con|veighing Letters beyond the Seas, and other matters in the &s;aid former Petition mentioned, a time now long &s;ince pa&s;t was ap|pointed by the grand Committee, for grievances for the hearing of the &s;aid cau&s;e, which by rea&s;on of many other weighty occa&s;i|ons interceding, hath not yet been heard, but the &s;aid <HI>Billingsley</HI> &s;till detained a pri&s;oner concerning the &s;aid bu&s;ine&s;&s;e. And there|fore it was humbly prayed by the &s;aid Petitioner, That a &s;peciall Committee might be appointed by the &s;aid Hou&s;e, to heare the &s;aid complaint; whereupon it is ordered by the &s;aid Hou&s;e, that
<PB N="10" REF="8">
<LIST>
<ITEM>Mr. Alderman <HI>Mol&s;on.</HI></ITEM>
<ITEM>Mr. Alderman <HI>Cl<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">therow.</HI></ITEM>
<ITEM>Mr. <HI>William Cun&s;table.</HI></ITEM>
<ITEM>Mr. <HI>Roydon.</HI></ITEM>
<ITEM>Mr. <HI>Edward Ba&s;&s;e.</HI></ITEM>
<ITEM>Mr. <HI>Rolles</HI> the Lawyer.</ITEM>
<ITEM>Mr. <HI>Earle</HI></ITEM>
<ITEM>Mr. <HI>Matthewes.</HI></ITEM>
<ITEM>Mr. <HI>Ginn<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">r.</HI></ITEM>
<ITEM>Mr. <HI>Barker.</HI></ITEM>
<ITEM>Mr. <HI>Sherwell.</HI></ITEM>
<ITEM>Mr. <HI>Old&s;worth.</HI></ITEM>
<ITEM>Mr. <HI>Strode.</HI></ITEM>
<ITEM>Mr. <HI>Kerkeham.</HI></ITEM>
<ITEM>Mr. <HI>Waller.</HI></ITEM>
<ITEM>Mr. <HI>Bunch.</HI></ITEM>
<ITEM>Mr. <HI>Rolles.</HI></ITEM>
<ITEM>Sir <HI>Tho: Heate.</HI></ITEM>
<ITEM>Sir <HI>Tho. Steward.</HI></ITEM>
<ITEM>Mr. <HI>Lawley.</HI></ITEM>
<ITEM>Sir <HI>Edward Giles.</HI></ITEM>
<ITEM>Mr. <HI>Doughtie.</HI></ITEM>
</LIST> &s;hall take con&s;ideration of the cau&s;e contained in the &s;aid Petiti|ons, and for that purpo&s;e are to meet on Munday next, at two of the Clock in the afternoone, in the Exchequer Chamber, and <HI>Matthew Deque&s;ter,</HI> and all other per&s;ons whom this bu&s;ine&s;&s;e concerneth, are to have notice given of the &s;aid time and place, and the &s;aid <HI>Matthew Deque&s;ter</HI> is then to bring with him his Let|ters Patents concerning the &s;aid office, and the &s;aid parties may be then heard with their Coun&s;ell if they thinke fit.</P>
</FLOATEXT>
<P>This Committee having taken information of the bu&s;ine&s;&s;e, declared how <HI>Deque&s;ter</HI> procured his Patent from the King by untrue &s;ugge&s;tions, and that the impri&s;onment of <HI>Billin sley</HI> by <HI>Deque&s;ter</HI> was uniu&s;t, the rather in regard a verdict at Law had pa&s;&s;ed again&s;t the &s;aid <HI>Deque&s;ter</HI> therein, as more at large in the Report it &s;elfe, which followes.</P>
<FLOATEXT LANG="eng" TYPE="report">
<OPENER><DATELINE><DATE>Martis 24. Junii 4. Caroli.</DATE></DATELINE></OPENER>
<P><NOTE PLACE="marg">Report of the Commit|tee, 4. <HI>Caroli.</HI> Declare <HI>De+que&s;ter</HI> to have beene the Lord <HI>Starhops</HI> Deputie pro|cures a Patent upon untrue &s;ugge&s;tions.</NOTE> REport was this day made from the Committee appointed to con&s;ider of the Petition exhibited unto this Hou&s;e by <HI>Henry Billingsley,</HI> again&s;t a Patent lately obtained by <HI>Matthew Deque&s;ter,</HI> for the &s;ole carrying of all Letters beyond the Seas, and from thence into this Kingdome; upon which Report it appeared, that the &s;aid <HI>Matthew Deque&s;ter</HI> had for many yeares together carry|ed Letters beyond the Seas, and from thence hither, by vertue of a deputation to him therein made by the Lord <HI>Stanhope,</HI> Po&s;t|ma&s;ter of England, and having &s;o done, did larely <HI>upon &s;ome un|true &s;ugge&s;tions procure to him&s;elf the &s;aid Patent</HI> from his Maie&s;ty,
<PB N="11" REF="8"> and then oppo&s;ed the Patent of Po&s;tma&s;ter granted to the &s;aid Lord <HI>Stanhope,</HI> by force whereof him&s;elfe had long time taken upon him the carriage of &s;uch Letters. And it further appeared that the &s;aid <HI>Deque&s;ter</HI> had abu&s;ed his &s;aid Pa|tent in the execution thereof, to the great preiudice of the Engli&s;h Me chants, who being by him re&s;trained from &s;ending or receiving their Letters by <GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">ny other Po&s;t but him&s;elfe, and having cut up &s;ome Packets of Letters &s;ent by the Merchants by other Po&s;t, did him&s;elfe, being an Alien borne, deliver the Let|ters of the merchant Strangers before the Engli&s;h, to their great damage, and likewi&s;e exacted money from the Engli&s;h merchants, be&s;ides the dae fee, be|fore they could get their Letters. And that the &s;aid <HI>Deque&s;ter</HI> procured he &s;aid Petitioner <HI>Billingsley,</HI> deputed by the &s;aid Lord <HI>Stanhope</HI> to carry the &s;aid Let|ters to be impri&s;oned for carrying thereof; which impri&s;onment the Com|mit<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">ee conceived to be unju&s;t; <NOTE PLACE="marg">A+gai<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> <HI><GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">+&s;ter</HI></NOTE> the rather becau&s;e <HI>a verdict at Law hath pa&s;&s;ed again&s;t the &s;aid Dequr&s;ter therein.</HI> Whereupon it is declared and adiudged by the &s;aid Hou&s;e of Commons, that the &s;aid Patent &s;o gran<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">ed to the &s;aid <HI>De|que&s;ter</HI> is a grievan<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">e in the execution. And it is further ordered, that he &s;aid Commi<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">ee &s;hall frame and tender to the Hou&s;e a Petition to be pre&s;ented to his Maie&s;ty, for the inlargement of the &s;aid <HI>Billingsl<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">y</HI> out of pri&s;on, whe<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">e hee hath been impri&s;oned by the &s;pace of thirteen weekes. And are to meet at &s;ea|ven of the Clock to morrow morning in the Court of Wards.</P>
<CLOSER><SIGNED>P^o. E. Brighte.</SIGNED></CLOSER>
</FLOATEXT>
<P>THus was the Patent of <HI>Deque&s;ter</HI> on all &s;ides found uniu&s;t, and the Ho|nour<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">ble Hou&s;e of Commons having then daclared and adiudged the &s;ame a grievance, would no doubt have put the Lord <HI>Stanhope</HI> againe in po&s;|&s;e&s;&s;ion, had not that Parliament been unhappily di&s;&s;olved within two dayes af|ter the &s;aid Report was made.</P>
<P>But <HI>Deque&s;ter,</HI> though ince&s;&s;antly oppo&s;ed by &s;o much right and rea&s;on, did &s;o often imp<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">i&s;on <HI>Billingsley,</HI> and perplexe him otherwi&s;e, as was his utter un|doing in the end, and by that meanes continued by him&s;elfe the execution of his unduly got Patent, till the 20. of <HI>Febr.</HI> 1631. which was twelve yeares: and it is remarkable, that <HI>Deque&s;ter</HI> during all the time, did neither more nor le&s;&s;e about Services to be done out of his Maie&s;ties Dominions, which was the Tenure of the Kings immediate Grant unto him&s;elfe, than what he did before as Deputy to the Lord <HI>Stanhope</HI> for twenty yeares together.</P>
<P>But now under the 20. of <HI>Febr.</HI> 1631. as afore&s;<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">id, <HI>Matthew Deque&s;ter</HI> makes a deputation of his forrame Po&s;tma&s;ter&s;hip <HI>concerning &s;ervices to be don<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter"> out of his Maje&s;ties Dominions</HI> unto Mr. <HI>Thomas Witherings,</HI> with all rights and priviledges thereunto belonging, and then Covenants, that if he the &s;aid Mr <HI>Thomas Witherings,</HI> or his A&s;&s;ignes or any other, &s;hall obtain a new Patent <GAP DESC="illegible" RESP="OXF" EXTENT="1 span"> forraine Po&s;ts and Curriers &s;hall be co<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">
<PB N="12" REF="9"> and the &s;aid Mr. <HI>Witherings</HI> thereby al&s;o promi&s;es, that the number of the &s;aid nine Curriers &s;hall not be encrea&s;ed, but by him continued as then they were, with all the priviledges and benefits they then u&s;ually enjoyed.</P>
<P><NOTE PLACE="marg"><HI><GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">gs</HI> <GAP DESC="illegible" RESP="OXF" EXTENT="1 span"></NOTE> Mr. <HI>Witherings</HI> by vertue of this deputation from <HI>Deque&s;ter,</HI> and the rever|&s;ion granted <HI>Frizell</HI> and him&s;elfe, the 15. of March following, 7. <HI>Coroli,</HI> be|ing in po&s;&s;e&s;&s;ion and exerci&s;e of the forraigne bu&s;ine&s;&s;e, continued to make u&s;e of the&s;e nine forraigne Po&s;ts or Curriers &s;ome few moneths only, and then turned them all out of their imployment and office which they had purcha&s;ed for their lives, and Mr. <HI>Witherings</HI> him&s;elf covenanted with <HI>Deque&s;ter</HI> as afore|&s;aid, to keep them in, by which device of his, he comes to enjoy the whole fruits of the forraigne office him&s;elfe, who before was to have had not above the twentieth part, the other nineteene parts being divided betwixt the&s;e nine Curriers, who by this proiect may have &s;uffered already about twenty thou&s;and pounds &s;terling.</P>
<P>And if it be alleadged, as it may truly, that the &s;aid forraign Letters go now more &s;peedily and orderly by this way of Stasfetta then formerly; yet it is as ea&s;ily replyed, that though the good of the weale publique be in no kinde to be omitted, nor advancement of the office neglected, that in &s;uch ca&s;e the im|provement of the office &s;hould be alike to all the intere&s;&s;ed, and not &s;ome all, &s;ome none at all, e&s;pecially in this ca&s;e of the forraigne Curriers, who equally with Mr. <HI>Witherings</HI> had their offices for their lives, and better title derived from the Lord <HI>Stanhope;</HI> Whereas Mr. <HI>Witherings</HI> his was only from <HI>Mat|thew Deque&s;ter</HI> by deputation, or what <HI>Deque&s;ter</HI> had in rever&s;ion.</P>
<P>The Lord <HI>Stanhope</HI> and his Deputies being thus outed of their profits and employment about forraine &s;ervices which their Predece&s;&s;ors Po&s;tma&s;ters ge|nerall of England had for above foure&s;core yeares together enioyed uncon|trollably, did &s;till continue to carry to and fro within the Kingdomes, all pac|kets of letters both of State and Subiects which were brought unto them for &s;uch rates and benefits as was agreed between the parties, every man being free to &s;end his Letters by whom he would, and to pay as little as he could; and thus it continued till a little before 1637. 22. <HI>Junii,</HI> 13. <HI>Caroli,</HI> at which time Mr. <HI>Witherings</HI> upon mi&s;information obtaines a grant from the King, whereby he &s;ince pretends to carry all Letters him&s;elfe, which how far it entrenches up|on the freemans liberty, will no doubt be duly weighed and con&s;idered of by the Parliament.</P>
<P><HI>Matthew Deque&s;ter</HI> 17. of King <HI>James,</HI> upon the obtaining to be Po&s;tma|&s;ter of England, for &s;ervices to be done out of his Maie&s;ties Dominions, al|<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">eadged in his owne Patent, that the Lord <HI>Stanhopes</HI> grant was of &s;ervice to be done within his Maie&s;ties Dominions only, and &s;o was content to let the Lord <HI>Stanhope</HI> have the inland bu&s;ine&s;&s;e, which &s;hewed at lea&s;t he had &s;ome con&s;ci|<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">nce, and would tell truth, though not the whole truth <GAP DESC="illegible" RESP="OXF" EXTENT="1 span">
<PB N="13" REF="9"> bu&s;ine&s;&s;e, by the &s;ame Law, and with as much equity, did Mr. <HI>Witherings</HI> turne his officers and his deputies out of the inland bu&s;ine&s;&s;e, and yet both by <HI>De|que&s;ter</HI> and Mr. <HI>Witherings</HI> acknowledged to be po&s;tma&s;ter generall of Eng|land, and all other his Maie&s;ties Dominions.</P>
<P>The Lord <HI>Stanhope</HI> thus knowne to be po&s;tma&s;ter of England, be&s;ides the continuall practice and pre&s;cription of his predece&s;&s;ors, for foure&s;core yeares together, the very title and &s;ound of po&s;tma&s;ter generall of England is &s;uffici|ent to tell every one, that he and his deputies are they that &s;hould likely take charge and carry the Letters to and fro, &s;o long as they are in England: <NOTE PLACE="marg"><HI>Deque&s;ters</HI> <GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">+fe&s;&s;ion of Lord <HI>Sta<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"></HI> Patent.</NOTE> And <HI>Matthew Deque&s;ter in his &s;econd Patent,</HI> 17. <HI>Jacobi, confe&s;&s;ed him&s;elfe to be Po&s;t|ma&s;ter for &s;ervices only to be done out of England, and that the Lord</HI> Stanhopes <HI>grant and his Were of di&s;tinct places, one within his Maje&s;ties Dominions, the other without his Maje&s;ties Dominions,</HI> and yet he by vertue of this Patent for for|raigne &s;ervices, and tho&s;e to be done out of his Maie&s;ties Dominions, where the King had no power to grant a priviledge, did totally abridge the Lord <HI>Stanhope</HI> 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.</P>
<P>Againe Mr. <HI>Witherings</HI> will not deny the Lord <HI>Stanhope</HI> to be po&s;tma&s;ter ge|nerall of England, and the Po&s;ts of England to be his deputies, at lea&s;t he pre|tends not to be &s;uch him&s;elfe, and yet con&s;trained the po&s;ts upon all the Rodes to carry his Mailes of Letters, &s;uffering no body el&s;e to carry Letters but the&s;e po&s;ts deputies to the Lord <HI>Stanhope,</HI> <NOTE PLACE="marg">Mr. <HI>Wither<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"></HI> oppre&s;&s;ion <GAP DESC="illegible" RESP="OXF" EXTENT="1 word"> the inland Po&s;ts.</NOTE> and appropriated the whole benefit unto him&s;elfe, without the lea&s;t acknowledgement unto the Lord <HI>Stanhope,</HI> or no|tice of the po&s;ts his deputies, unle&s;&s;e it were to turne &s;ome of them out of their places, make others pay a &s;econd fine, and reduce the wages of the re&s;t from above 4000. li. <HI>per annum,</HI> to 2053. li. be&s;ides the want of their arreares, being many thou&s;and pounds, to the utter undoing of many families, as in their own Remon&s;trance more at large appeares.</P>
<P>But be&s;ides the invalidity of Mr. <HI>Witherings</HI> his patent derived from <HI>Deque|&s;ter,</HI> which &s;o plainly trenches upon the Lord <HI>Stanhope,</HI> who by that meanes was illegally put out of his po&s;&s;e&s;&s;ion, <NOTE PLACE="marg">Mr. <HI>Wither<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"></HI> &s;everall mi&s;+demeanour<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter"></NOTE> Mr. <HI>Witherings</HI> was further accu&s;ed of <GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">undry mi&s;demeanours; as fir&s;t, opening of packets and letters: 2. Not ad|<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">i&s;ing the Kings Mini&s;ters the receipt of their letters in due time. 3. Exaction <GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">f greater po&s;tage of letters. 4. Exportation, or conniving at exportation of <GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">old and goods unaccu&s;tomed, under colour of his office. 5. Not &s;uffering <GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">e officers to &s;earch his pa&s;&s;age boate. 6. Not holding corre&s;pondency with <GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">rraine po&s;tma&s;ters for want of languages. 7. Not payment of duties to for|<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">ine po&s;tma&s;ters. 8. Mi&s;demenours of his deputies and &s;ervants in both of|<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> <GAP DESC="illegible" RESP="OXF" EXTENT="1 span">
<PB N="14" REF="10"> Mailes for nothing. 13. Detaining &s;ome mens Letters longer then others. 14. Refu&s;ing to &s;end away the Kings packets. 15. In making a Monopoly of his patent, by the ill execution of it. And la&s;t, of his not di&s;charging of the tru&s;t the King repo&s;ed in him for execution of the &s;aid offices, and although all the&s;e rea&s;ons were not &s;pecified in <GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">he &s;eque&s;tration, together with the nul|lity of <HI>Deque&s;ter</HI> and Ma&s;ter <HI>Witherings</HI> his patent, by a verdict in the Kings Bench, and the Committees Report to the Commons Hou&s;e of Parliament, 4. <HI>Caroli,</HI> a reference to two Honourable per&s;onages, and his Maje&s;ties At|turney, and Soliciter generall, the oppre&s;&s;ion of the 9. forraine po&s;ts, oppre&s;|&s;ion of all the inland po&s;ts. Carriers, Wagons, foot-po&s;ts, and others impri|&s;oned and undone by Mr. <HI>Witherings,</HI> yet his Maje&s;ty, his privy Coun&s;ell, and the Secretaries of State were mad<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter"> therwith acquainted, as doth appeare by the originall petitions, and &s;undry pa&s;&s;ages at Coun&s;ell Table, how the&s;e were joyntly a meanes with tho&s;e declared therein, to bring on the &s;eque&s;tration, which could not well have been deferred any longer: 1. Becau&s;e the objecti|ons again&s;t Mr. <HI>Witherings</HI> were many. 2. Of a high and heinous nature. 3. In regard that offices of this kinde have a tacite condition and obligation annex|ed unto them of the officers good behaviour, and due performance, the failing wherein becomes a forfeiture, <HI>Ip&s;o facto,</HI> and 4. Becau&s;e the King was then upon departure for the North, and for good government of his owne affaires, and better u&s;age of his &s;ubjects, both which were more liable to &s;uffer in his Maje&s;ties ab&s;ence, yet was it not intended that Mr. <HI>Witherings</HI> &s;hould be outed quite without a faire and legall triall, for at the &s;ame time the King gave order (as appeares) for a Bill to be put again&s;t him in Starchamber, the fruits of the offices being only retained in <HI>de po&s;ito</HI> for him, till he make good his Titile and cleare him&s;elfe of the mi&s;demeanours he was accu&s;ed of, &s;ome whereof are iu&s;tified in the Hou&s;e of Commons, and at a Committee, and others, too tedi|ous for this di&s;cour&s;e, will likewi&s;e be made appeare when the Committee plea&s;es but to give leave; Yet &s;ince Mr. <HI>Whitherings</HI> is on a &s;udden &s;o impor|tunate of di&s;patch, to give a touch hereof in briefe may perhaps, being &s;ud|denly di&s;per&s;ed, more &s;peedily informe the Honourable Court of Parlia|ment, and &s;ave them many a tedious and trouble&s;ome &s;itting.</P>
<P>That Letters have beene opened, quite mi&s;carried, and &s;ome mens longe<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter"> detained than others, is proved in the Hou&s;e, partly <HI>viva voce,</HI> and partly by &s;everall Letters, and a Petition from the Engli&s;h Merchants living in Italy&punc; Now &s;ince, all this and much more may be done by M. <HI>Witherings</HI> in &s;uc<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter"> manner, as will be impo&s;&s;ible to be proved again&s;t him, that is, when there i<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter"> no witne&s;&s;e by, in like ca&s;es to prevent inconveniences, &s;uch proofes are accep+ted of, as can be had which in this ca&s;e mu&s;t bee by obliging Mr. <HI>Withering<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter"></HI> <GAP DESC="illegible" RESP="OXF" EXTENT="1 span"></P>
<P><GAP DESC="illegible" RESP="OXF" EXTENT="1 span">
<PB N="15" REF="10"> <HI>Witherings</HI> &s;hould have writ to the Po&s;tma&s;ter of Antwerpe, Venice, Man|tua, or from whence they came, <NOTE PLACE="marg">Mr. <HI>Wit<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"></HI> chargea<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> all lett<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> <GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">+livered</NOTE> and that &s;aid Po&s;tma&s;ter was to cleare him&s;elfe for &s;ending letters open, which diligence if Mr. <HI>Witherings</HI> cannot prove to have done &s;o often as letters came open, he is to be charged with the opening of them him&s;elfe, otherwi&s;e he may open them all, and as often as he plea&s;e, and &s;ay he received them &s;o from the Po&s;tma&s;ter of Antwerp, and the Po&s;tma&s;ter of Anwerp may open them at Antwerpe, and &s;ay it was the Po&s;t|ma&s;ter of England, and &s;o the whole world be continually abu&s;ed by a couple of Po&s;tma&s;ters, there being no other po&s;&s;ibility of redre&s;&s;e.</P>
<P>In like manner totall concealing, or detaining &s;ome mens letters longer then other &s;ome, falls flat upon Mr. <HI>Witherings,</HI> thus; <NOTE PLACE="marg">Mr. <HI>W<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"></HI> charga<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> all lett<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> <GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">+tained</NOTE> All Letters directed from London to Venice, Mantua, Antwerp, or any other place, &s;hould be made up together by them&s;elves in a bundle, and &s;ealed with the Po&s;tma&s;ters knowne &s;eale, and from thence to London reciprocally; and if the &s;everall bundles come thus to h<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">nd, &s;ealed up, then will all letters of one date come together, and not mi&s;carry, or be delaied; but if they come open, or &s;ealed with a &s;trange &s;eale, then is Mr. <HI>Witherings</HI> to make the &s;everall Po&s;tma&s;ters re&s;pectively to cleare them&s;elves; which diligence &s;ince Mr. <HI>Witherings</HI> proves not to have u&s;ed, nor made a Role or Inventory of all letters, as he was commanded by his Maje&s;tie and privie Coun&s;ell, and practi&s;ed by his predece&s;&s;ors, all mi&s;carriage, and detaining &s;ome mens letters longer then others, mu&s;t light upon Mr. <HI>Wi|therings,</HI> otherwi&s;e he and &s;uch Po&s;tma&s;ters may delude the whole world, in quite concealing or longer withholding of their letters, ju&s;t as in opening them at his plea&s;ure, as afore&s;aid. But it is proved in the Hou&s;e, and acknowledged that Mr. <HI>Witherings</HI> did not &s;eale up the Portmantle according to order of his Maje&s;tie, and Coun&s;ell Table, but left it open, by which meanes gold was con|veied out of the Kingdome, <NOTE PLACE="marg">Gold <GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">+ed ou<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter"> kingd<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> Ma&s;te<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> <HI><GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">+rings</HI> maile<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"></NOTE> as it is proved in the Honourable Hou&s;e of Com|mons, and the leaving open the Mailes, flatly &s;ignifies &s;ome &s;uch ill intent, or a mo&s;t notorious carele&s;ne&s;&s;e, and neglect, in that the portmantle being open, as Mr. <HI>Witherings</HI> u&s;ed to &s;end it, every ra&s;call po&s;tilion boy, or other, that had the &s;aid portmantle in his power, might be invited or inveigled to convey away his Maie&s;ties packets, or fill his pockets with letters worth five or tenne pounds, or what he plea&s;ed, and deliver them to any Marriner or pa&s;&s;enger in the packet Boat which went to Callis or Dunkerke, whether the &s;aid letters were directed, <NOTE PLACE="marg">Carel<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> of Ma<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> <HI><GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">thering<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"></HI></NOTE> the &s;aid Marriners or pa&s;&s;enger might deliver them as well as the po&s;tma&s;ter him&s;elfe, and receive the ready money for them; now were it not that Mr. <HI>Witherings</HI> was contented to endanger his Maie&s;ties packets and affaires, and run an imminent hazard of his owne lo&s;&s;e, contrary to his Ma|ie&s;ties command, through the expectation of a farre greater unlawfull gain by tran&s;portation of gold, and other prohibited and unaccu&s;tomed goods, which is as well proved again&s;t him, as &s;uch deeds of darken&s;&s;e can well bee, then <GAP DESC="illegible" RESP="OXF" EXTENT="1 span"> be &s;o farre called in que&s;tion&punc; as make
<PB N="16" REF="11"> him altogether incapable to execute an Office of &s;uch tru&s;t and con&s;equence.</P>
<P>Be&s;ides Mr. <HI>Witherings</HI> his refu&s;all to &s;end his Maje&s;ties packets, was &s;o e|vident, as being but con&s;idered of, may chance make it a le&s;&s;er evill, that Mr. <HI>Witherings</HI> his Offices (if his they be) be depo&s;ited (though otherwi&s;e il|ligally) in &s;uch hands as know better how to mannage them for him then him|&s;elfe, rather then his Maje&s;ties packets &s;hould not be &s;ent away, till Mr. <HI>Wi|therings</HI> had been convicted by a two or three termes &s;ute at Law, in which in|terim the affaires of King and State might have &s;uffered irreparably.</P>
<P>It is then humbly motioned unto the Honorable Committee, that though all the rea&s;ons here mentioned, with &s;ome others, were not &s;pecified in the &s;eque|&s;tration, &s;ince really they were motives thereunto, and well hoped by &s;uch as it concernes, that it will be found both ju&s;t and equitable, e&s;pecially with this &s;upreme Court of equity, that tho&s;e together with the re&s;t be all examined be|fore the &s;eque&s;tration be removed.</P>
<P>But if Mr. <HI>Witherings</HI> doe &s;till per&s;i&s;t declining the triall of his Patent, and the examination of his mi&s;demeanours, exagerating his illegall putting out, and importuning for a repo&s;&s;e&s;&s;ion, in ca&s;e this Honorable Committee &s;hould be inclined thereto, may they plea&s;e onely to reflect upon, <NOTE PLACE="marg"><HI><GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">nhope</HI> <GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">ed out</NOTE> how the Lord <HI>Stanhope</HI> (who&s;e predece&s;&s;ours enjoyed the&s;e Offices for foure&s;core yeares, as is notorious to all the world) had the Broad Seal of England likewi&s;e, was put out of po&s;&s;e&s;&s;ion illegally, &amp; that the &s;ame Law which M. <HI>Witherings,</HI> implores to put him in again, may be thought inclinable to repo&s;&s;e&s;&s;e the Lord <HI>Stanhope</HI> fir&s;t, the rather in regard, that if the Lord <HI>Stanhope</HI> had not beene fir&s;t turned out illegally Mr. <HI>Witherings</HI> had never come in at all, <NOTE PLACE="marg"><GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">&s;e <HI><GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">erings</HI> <GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">r <GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">t all.</NOTE> as al&s;o becau&s;e there is no Petition be&s;ides the Lord <HI>Stanhopes</HI> before this Honorable Court, which layes claim to either forrain or Inland Office, unle&s;&s;e the Earle of Warwicks, a Copy of who&s;e Deputation, in &s;uch ca&s;e we humbly crave, and a competent time to an&s;wer to it, &s;ince the Lord <HI>Stanhops,</HI> and the Po&s;tma&s;ters petitions have beene put in the&s;e twelve moneths, and the Earle of Warwicks not full twelve dayes &s;ince, which being but once taken notice of, we doe not onely hope, but re&s;t a&s;&s;ured it may &s;tand with the Ju&s;tice and Equity of this Supreme A&s;&s;embly, to grant us our reque&s;t, whereunto we mu&s;t &s;ubmit our &s;elves how&s;oever.</P>
<TRAILER>FINIS.</TRAILER>
<PB REF="11">
<PB REF="12">
<PB REF="12">
<PB REF="13">
<PB REF="13">
<PB REF="14">
<PB REF="14">
<PB REF="15">
<PB REF="15">
<PB REF="16">
<PB REF="16">
<PB REF="17">
<PB REF="17">
<PB REF="18">
<PB REF="18">
<PB REF="19">
<PB REF="19">
<PB REF="20">
<PB REF="20">
<PB REF="21">
<PB REF="21" MS="y">
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
