A discourse briefly showing the true State and Title of the controller, or Postmaster general of England, the Lord Stanhopes right to it, and consequently to the foreign and Inland Letter Offices, as incident thereunto, and more plainly appears by a Report of Sir Robert Heath, than his Majesty's Attorney general: By a Verdict or Jury of 12. men in the King's Bench, and a Report in the Commons House of Parliament, in the 4. of our Gracious Sovereign. 12. Novembris, 37. Henrici Octavi. THe King granted unto Sir William Paget, principal 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, occupy, and enjoy, by themselves, or their sufficient Deputy, or Deputies, during their own 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 form, 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 Queen 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 form as John Mason, or any other that enjoyed the said Office, etc. 14. Septembris 1569. Thomas Randolph in virtue of the aforesaid Grant, makes a Deputation to Rafaell Vandeput to be the Merchant Strangers Post within the city of London, to enjoy it with all the profits and privileges that Christian Susling enjoyed. 21. Junii. 22. Elizabethae, the Queen 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 form, 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 virtue of the former Grant makes a Deputation unto Matthew Dequester for his life, to be the Merchant strangers Post-within the city of London, to enjoy it with all profits and privileges 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 Son, in the very same words, to hold and enjoy during both their lives, & the longer liver of them by themselves, or their sufficient Deputy 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 form as Sir John Mason, Thomas Randolph, or the same John Lord Stanhope himself or any body else in the said Office had formerly enjoyed. 13. April, 17. Jacobi, The King (as is alleged) erects a new Office of Postmaster of England for foreign parts, out of his Majesty's Dominions, conferring it upon Matthew Dequester, the father, and Matthew Dequester the Son, for their lives, or the longer liver of them, with power and authority to themselves, sufficient deputy 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 heirs, and successors, and of all other packets and letters, to have the nominating and appointing of Posts and Carrier's necessary and convenient, as well within the Realm of England, as in any foreign 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 pains of the parties that should employ them, all and every the like sum and sums of money, 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 business, etc. 15. Martii 7. Caroli, The King reciting the former Patent, and taking notice that Matthew Dequester the son 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 begin immediately after the death of Matthew Dequester the father, and to receive the same benefits, Emollumants and rewards specified in Dequesters Patent aforegoing, etc. 25. Aprilis 13. Caroli, Charles Lord Stanhope was commanded to bring his Letters Patents to the Council Table. 22. Junii, 13. Caroli, Patent of Mr. Witherings a Monopoly, prohibiting all others to carry Letters but himself. The King (as is alleged) 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 Majesty's Dominions of England, Scotland, and Ireland, where the said Officer shall settle Posts, except such Letters as shall be sent by common known Carriers, along with their Carts, Wagons, or Packhorses, and a letter or more sent by a Messenger on purpose, or by a friend, to have and take for Postage and conveyance thereof certain rates therein specified: and this Office the King grants unto Master Thomas Witherings during his natural life to be exercised by himself, his Deputies or Assigns, and the said Master Witherings at the same time covenanting to pay unto certain Postmasters of the four principal Rhodes of England, certain sums of money amounting to 2053. li. 11. s. 4. d. according to a Schedule thereto annexed, for which sums of money they were bound to run in post, and carry once a week both inwards and outwards the Mail or Mailes of Letters without further charge and allowance. 1. Julii. 13. Caroli, The King grants unto Sir John Cook, and Sir Francis Wind bank, Knights, principal 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 Deputy or Deputies during their lives, or the longer liver of them in the said Office of principal Secretaries of State, in as ample manner and form as Sir john Mason, Thomas Randolph, john 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 joined and annexed unto the Office or place of chiefe Secretaries of State for the time being successively, etc. Lord Stanhope and his predecessors Postmasters general of England for 80. years. By the forerecited Patents, it appears how Charles Lord Stanhope and his predecessors in the Office were Controllers or Postmasters general of England, from the 37. of Henry the 8. until the 17. of King james, which is about fourscore years, and the deceased Lord Stanhope did not only by himself and deputies enjoy the said Office without disturbance for thirty years together, but by virtue 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 foreign Posts or Curriers, who by turns 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 arrival of each foreign Post or Currier, Nine Curriers or Foreign Posts. received the Letters, and distributed them abroad unto Merchants, and likewise collecting the Merchant's letters, delivered them to the Curriers to be exported, and for this labour and pains 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 appears by sundry Proclamations, the original Deputation unto Matthew Dequester under john Lord Stanhops hand, 18. Decem. 1603. Matthew Dequesters own hand writing, and the deposition of thousands still living if it were needful. Matthew Dequester having thus managed the Office for the foreign Letters, as deputy to the Lord Stanhope about 20. years, Dequester betraying the Lord Stanhope whose servant he had been for 20. years. either out of vainglory, covetousness, or some sinister respects, or other, finds means to inform the King how the Lord Stanhops Patent was only for services to be done in foreign parts within the King's Dominions; and hereupon under 13. April 17. jacobi the King makes a Grant unto Mat. Dequester the father, and Mat. Dequester the son, 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 Majesty's Dominions, and by virtue thereof pretended to settle Posts and Carriers within his Majesty's Dominions of England, and began effectually to carry to and fro within the Kingdom, all such Letters and Packets, as were to go out or come from abroad, by force and virtue of the aforesaid Grant: about which time john Lord Stanhope dying, Charles Lord Stanhope having notice hereof, made opposition, whereupon on the 19 of December 21. jacobi, the King by his Letters Patents declares, that since the making of the said Letters Patents the 17 jacobi. 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 general, as well within the Kingdom of England, as in whatsoever parts beyond the seas within his Majesty's Dominions; his Majesty was pleased to refer the said complaint unto William late Earl of Pembroke, Sir George Calvert, principal Secretary of State, Sir Thomas Coventry his Majesty's Attorney General, and Sir Robert Heath his Majesty's Solicitor General, who certified under their hands, that the said Lord Stanhopes Grant of Master of his Majesty's Posts did extend but to such services as were to be done in the Realm of England, Lord Stanhopes Grant extend to all services to be done within his Majesty's Domions. and others his said Majesty's Dominions, and that Dequesters Patent extended only to services to be done out of his Majesty's Dominions; Master Dequester notwithstanding continuing to encroach upon the privileges of Charles Lord Stanhope Postmaster General of England, Dequesters Patent extended only to services to be done out of his Majesty's Dominions. and other his Majesty's Dominions, the said Lord petitions King james of happy memory for leave to try his title at Law, and having commenced a suit, after along Evidence obtains a Verdict in Hillary Term, 22. jacobi for the validity of his own 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 gracious Sovereign that now is; Copies of which Petitions, together with his Majesty's Reference, and the Report thereupon, extracted from the Original, hereafter follow. To the Kings most excellent Majesty. The humble Petition of Charles Lord Stanhope of Harington. Most humbly showing unto your most gracious Majesty, Lord Stanhops Petition to the Parliament, 4. Caroli. THat whereas it pleased your Majesty's late Father of worthy memory, King james, to invest upon your Petitioner, and his deceased Father, john Lord Stanhope of Harington, the Office of Postmaster general of all his Majesty's Dominions whatsoever, as well within the Realm 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 Deputy for transporting and importing of letters from London, into, and from foreign 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 Highness' Father, for transporting and importing of Letters out of your Highness' Dominions, into, and from foreign 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 try 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 appears 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 stayed Judgement. May it therefore please your gracious Majesty, (notwithstanding the Verdict so passed against Matthew Dequester his Patent) for your Highness' better satisfaction, that the Office is truly belonging to your Petitioner, to call before your Majesty your Attorney General, who can (by the Verdict recovered and recorded, and being fully acquainted in all the proceeding) truly inform your Majesty, And that two of the Judges of your Highness' Bench, namely Justice Dodridge, and Justice Whitlocke may deliver likewise their opinions unto your Majesty for the clearing thereof; which being done, that your gracious Majesty would be pleased to give Order to your Solicitor General to draw a Pro●…ation ready for your Majesty's Signature, thereby commanding the said Dequester, and all others whom soever (except your Petitioner, and his deputies and servants under his Hand and Seal already authorized) to surcease the execution of transporting and importing of any Merchants, Tradesmen, or others your Majesty's subjects Letters, from, or into the City of London, into, or from foreign parts, according to such Proclamations formerly in the like kind, and under such pains and penalties as heretofore have been set down in the same Proclamation, And your Petitioner, etc. His Majesty's Reference on the said Petition. At the Court at Whitehall, the 4. Feb. 1625. Sir Robert Heath his Majesty's Arturney General, ordered to report. HIs Majesty is graciously pleased, that Master Attorney General examine the proceed mentioned in this Petition, and certify his Majesty 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 forborn to give Judgement, and then his Majesty will further signify his royal pleasure. Thomas Aylesbury. Report of Sir Robert Heath his Majesty's Attorney General. Office of Postmaster general of England an ancient Office, and Dequester the Lord Stanhops Deputy. ACcording to your Majesty's command, I have examined the proceed mentioned in that Petition, and do find it true, That the Office of Postmastership of England is an ancient Office, that Dequester was for divers year's Deputy under John Lord Stanhope (who had this Office) for the foreign service. Dequesters false suggestions. That Dequester afterwards found the means to obtain a Patent to himself of all the foreign service, suggesting that the Lord Stanhopes Grants was but for all Packets of Letters within this Realm, and that your Majesty might grant another for those which should be carried out of the Realm. 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 Plaintiff, but not for any dislike of the verdict. That above fifty Merchants trading for the netherlands, did certify 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 foreign business as Postmaster general. Upon which I conceive my Lord Stanhope had right to this employment, as incident to the place of Postmaster General. And it is the more convenient, because your Merchant's desire to have a mere Englishman whom they know and trust: and if it be settled with the Lord Stanhope and his Deputy, Matthew Dequester, if he shall find encouragement, may nevertheless bring his action, and make an experience, if upon a new trial he can procure a verdict for him and his title. Ro: Heath. NOtwithstanding this benign Reference from his Majesty, and so ample and just a Report made by so many Honourable Personages, the power and subtlety 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 several times to have recourse unto the Parliament, quarto Caroli, Copy of his second Petition being this that follows; together with an Order of the Commons House thereupon, and Report of the Committee appointed in that behalf. To the Honourable Assembly in the Commons House of Parliament. The humble Petition of the Merchants of London in general, and of Henry Billingsley in particular. Shows, Petition 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 conveying 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 hear 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 business. Your Petitioners humbly pray this Honourable Assembly will vouchsafe a special Committee to hear their said aggrievances, whereby some speedy order may be taken for the relief of your Petitioners; and the discharge of the said Billingsley out of prison, as to your wisdom shall seem meet. And they shall daily pray for the prosperous success 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 general, and of Henry Billingsley in particular; Showing that upon a Petition formerly exhibited to the said House against one Matthew Dequester, concerning the Postmasters' office, in conveying 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 business. And therefore it was humbly prayed by the said Petitioner, That a special Committee might be appointed by the said House, to hear the said complaint; whereupon it is ordered by the said House, that Mr. Alderman Molson. Mr. Alderman Cl●therow. Mr. William Constable. Mr. Roydon. Mr. Edward Basse. Mr. Rolls the Lawyer. Mr. Earl Mr. Matthewes. Mr. Ginner. Mr. Barker. Mr. Sherwell. Mr. Oldsworth. Mr. Strode. Mr. Kerkeham. Mr. Waller. Mr. Bunch. Mr. Rolls. Sir Tho: Heat. 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 Monday next, at two of the Clock in the afternoon, in the Exchequer Chamber, and Matthew Dequester, and all other persons whom this business 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 Counsel if they think fit. This Committee having taken information of the business, declared how Dequester procured his Patent from the King by untrue suggestions, and that the imprisonment of Billin slay by Dequester was unjust, the rather in regard a verdict at Law had passed against the said Dequester therein, as more at large in the Report itself, which follows. Martis 24. Junii 4. Caroli. Report of the Committee, 4. Caroli. Declare Dequester to have been the Lord Starhops Deputy 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 Kingdom; upon which Report it appeared, that the said Matthew Dequester had for many years together carried Letters beyond the Seas, and from thence hither, by virtue of a deputation to him therein made by the Lord Stanhope, Postmaster of England, and having so done, did larely upon some untrue suggestions procure to himself the said Patent from his Majesty, and then opposed the Patent of Postmaster granted to the said Lord Stanhope, by force whereof himself 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 prejudice of the English Me chants, who being by him restrained from sending or receiving their Letters by ●ny other Post but himself, and having cut up some Packets of Letters sent by the Merchants by other Post, did himself, 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 daes 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 Committee 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 adjudged by the said House of Commons, that the said Patent so granted to the said Dequester is a grievance in the execution. And it is further ordered, that he said Committee shall frame and tender to the House a Petition to be presented to his Majesty, for the enlargement of the said Billingsl●y out of prison, whe●e he hath been imprisoned by the space of thirteen weeks. And are to meet at seven of the Clock to morrow morning in the Court of Wards. Po. E. Bright. THus was the Patent of Dequester on all sides found unjust, and the Honourable House of Commons having then daclared and adjudged the same a grievance, would no doubt have put the Lord Stanhope again in possession, had not that Parliament been unhappily dissolved within two days after the said Report was made. But Dequester, though incessantly opposed by so much right and reason, did so often imp●ison Billingsley, and perplex him otherwise, as was his utter undoing in the end, and by that means continued by himself the execution of his unduly got Patent, till the 20. of Febr. 1631. which was twelve years: and it is remarkable, that Dequester during all the time, did neither more nor less about Services to be done out of his Majesty's Dominions, which was the Tenure of the King's immediate Grant unto himself, than what he did before as Deputy to the Lord Stanhope for twenty years together. But now under the 20. of Febr. 1631. as aforesaid, Matthew Dequester makes a deputation of his forrame Postmastership concerning services to be don● out of his Majesty's Dominions unto Mr. Thomas Witherings, with all rights and privileges thereunto belonging, and then Covenants, that if he the said Mr Thomas Witherings, or his Assigns or any other, shall obtain a new Patent 〈…〉 foreign 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 increased, but by him continued as then they were, with all the privileges and benefits they then usually enjoyed. ●…gs 〈…〉 Mr. Witherings by virtue of this deputation from Dequester, and the reversion granted Frizell and himself, the 15. of March following, 7. Coroli, being in possession and exercise of the foreign business, continued to make use of these nine foreign Posts or Curriers some few months only, and then turned them all out of their employment 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 foreign office himself, who before was to have had not above the twentieth part, the other nineteen parts being divided betwixt these nine Curriers, who by this project may have suffered already about twenty thousand pounds sterling. And if it be alleged, as it may truly, that the said foreign Letters go now more speedily and orderly by this way of Stasfetta then formerly; yet it is as easily replied, that though the good of the weal public be in no kind 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 foreign 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 foreign services which their Predecessors Postmasters general of England had for above fourscore years together enjoyed uncontrollably, did still continue to carry to and fro within the Kingdoms, all packets of letters both of State and Subjects 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 obtains a grant from the King, whereby he since pretends to carry all Letters himself, which how far it entrenches upon the freeman's 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 Majesty's Dominions, alleged in his own Patent, that the Lord Stanhopes grant was of service to be done within his Majesty's Dominions only, and so was content to let the Lord Stanhope have the inland business, which shown at least he had some conscience, and would tell truth, though not the whole truth 〈…〉 business, by the same Law, and with as much equity, did Mr. Witherings turn his officers and his deputies out of the inland business, and yet both by Dequester and Mr. Witherings acknowledged to be postmaster general of England, and all other his Majesty's Dominions. The Lord Stanhope thus known to be postmaster of England, besides the continual practice and prescription of his predecessors, for fourscore years together, the very title and sound of postmaster general 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 himself to be Postmaster for services only to be done out of England, and that the Lord Stanhopes grant and his Were of distinct places, one within his Majesty's Dominions, the other without his Majesty's Dominions, and yet he by virtue of this Patent for foreign services, and those to be done out of his Majesty's Dominions, where the King had no power to grant a privilege, did totally abridge the Lord Stanhope and his deputies from meddling within the King's Dominions with any packets of Letters either of King or Subject, which came from abroad into England, or went out of England into foreign parts. Again Mr. Witherings will not deny the Lord Stanhope to be postmaster general of England, and the Posts of England to be his deputies, at least he pretends not to be such himself, and yet constrained the posts upon all the Rhodes 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 himself, without the least acknowledgement unto the Lord Stanhope, or notice of the posts his deputies, unless it were to turn 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 arrears, being many thousand pounds, to the utter undoing of many families, as in their own Remonstrance more at large appears. But besides the invalidity of Mr. Witherings his patent derived from Dequester, which so plainly trenches upon the Lord Stanhope, who by that means was illegally put out of his possession, Mr. Wither●… several misdemeanours Mr. Witherings was further accused of ●undry misdemeanours; as first, opening of packets and letters: 2. Not advising the King's 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 boat. 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 men's Letters longer than others. 14. Refusing to send away the King's 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 King's Bench, and the Committees Report to the Commons House of Parliament, 4. Caroli, a reference to two Honourable personages, and his Majesty's Attorney, and Solicitor general, the oppression of the 9 foreign posts, oppression of all the inland posts. Carriers, Wagons, foot-posts, and others imprisoned and undone by Mr. Witherings, yet his Majesty, his privy Counsel, and the Secretaries of State were mad● therewith acquainted, as doth appear by the original petitions, and sundry passages at Counsel Table, how these were jointly a means 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 kind have a 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 own affairs, and better usage of his subjects, both which were more liable to suffer in his Majesty's absence, yet was it not intended that Mr. Witherings should be outed quite without a fair and legal trial, for at the same time the King gave order (as appears) for a Bill to be put against him in Starchamber, the fruits of the offices being only retained in the posito for him, till he make good his Titile and clear himself of the misdemeanours he was accused of, some whereof are justified in the House of Commons, and at a Committee, and others, too tedious for this discourse, will likewise be made appear 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 brief may perhaps, being suddenly dispersed, more speedily inform the Honourable Court of Parliament, and save them many a tedious and troublesome sitting. That Letters have been opened, quite miscarried, and some men's longe● detained than others, is proved in the House, partly viva voce, and partly by several 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 witness by, in like cases to prevent inconveniences, such proofs are accepted of, as can be had which in this case must be by obliging Mr. Withering● 〈…〉 〈…〉 Withering should have writ to the Postmaster of Antwerp, Venice, Mantua, or from whence they came, Mr. Wit●… chargea●… all lett●…●…livered and that said Postmaster was to clear himself 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 himself, 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 Antwerp, and say it was the Postmaster of England, and so the whole world be continually abused by a couple of Postmasters, there being no other possibility of redress. In like manner total concealing, or detaining some men's letters longer than 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 known seal, and from thence to London reciprocally; and if the several bundles come thus to h●nd, sealed up, then will all letters of one date come together, and not miscarry, or be delayed; but if they come open, or sealed with a strange seal, then is Mr. Witherings to make the several Postmasters respectively to clear themselves; which diligence since Mr. Witherings proves not to have used, nor made a Role or Inventory of all letters, as he was commanded by his Majesty and privy Counsel, and practised by his predecessors, all miscarriage, and detaining some men's letters longer than others, must light upon Mr. Witherings, otherwise he and such Postmasters may delude the whole world, in quite concealing or longer withholding of their letters, just as in opening them at his pleasure, as aforesaid. But it is proved in the House, and acknowledged that Mr. Witherings did not seal up the Portmantle according to order of his Majesty, and Counsel Table, but left it open, by which means gold was conveied out of the Kingdom, Gold ●…ed ou● kingd●… Maste●… ●…rings maile●… as it is proved in the Honourable House of Commons, and the leaving open the Mailes, flatly signifies some such ill intent, or a most notorious carelessness, and neglect, in that the portmantle being open, as Mr. Witherings used to send it, every rascal postilion boy, or other, that had the said portmantle in his power, might be invited or inveigled to convey away his Majesty's packets, or fill his pockets with letters worth five or ten pounds, or what he pleased, and deliver them to any Mariner or passenger in the packet Boat which went to Calais or Dunkirk, whether the said letters were directed, Carel●… of Ma●… ●…thering●… the said Mariners or passenger might deliver them as well as the postmaster himself, and receive the ready money for them; now were it not that Mr. Witherings was contented to endanger his Majesty's packets and affairs, and run an imminent hazard of his own loss, contrary to his Majesty's command, through the expectation of a fare greater unlawful gain by transportation of gold, and other prohibited and unaccustomed goods, which is as well proved against him, as such deeds of darkensse can well be, then 〈…〉 be so fare called in question▪ as make him altogether incapable to execute an Office of such trust and consequence. Besides Mr. Witherings his refusal to send his Majesty's packets, was so evident, as being but considered of, may chance make it a lesser evil, that Mr. Witherings his Offices (if his they be) be deposited (though otherwise illigally) in such hands as know better how to manage them for him then himself, rather than his Majesty's packets should not be sent away, till Mr. Witherings had been convicted by a two or three terms suit at Law, in which interim the affairs of King and State might have suffered irreparably. It is then humbly motioned unto the Honourable Committee, that though all the reasons here mentioned, with some others, were not specified in the sequestration, since really they were motives thereunto, and well hoped by such as it concerns, that it will be found both just and equitable, especially with this supreme Court of equity, that those together with the rest be all examined before the sequestration be removed. But if Mr. Witherings do still persist declining the trial of his Patent, and the examination of his misdemeanours, exagerating his illegal putting out, and importuning for a repossession, in case this Honourable Committee should be inclined thereto, may they please only to reflect upon, ●…nhope ●…ed out how the Lord Stanhope (whose predecessors enjoyed these Offices for fourscore years, as is notorious to all the world) had the Broad Seal of England likewise, was put out of possession illegally, & that the same Law which M. Witherings, implores to put him in again, may be thought inclinable to repossess the Lord Stanhope first, the rather in regard, that if the Lord Stanhope had not been first turned out illegally Mr. Witherings had never come in at all, ●…se ●…erings ●…r ●…t all. as also because there is no Petition besides the Lord Stanhopes before this Honourable Court, which lays claim to either foreign or Inland Office, unless the Earl of Warwick's, a Copy of whose Deputation, in such case we humbly crave, and a competent time to answer to it, since the Lord Stanhops, and the Postmasters petitions have been put in these twelve months, and the Earl of Warwick's not full twelve days since, which being but once taken notice of, we do not only hope, but rest assured it may stand with the Justice and Equity of this Supreme Assembly, to grant us our request, whereunto we must submit ourselves howsoever. FINIS.