It is possible that De Quester's appointment, though ostensibly a reward for good service, was dictated in part by policy. But if designed to appease the foreign merchants, it signally failed of its object. The truth seems to be that they were animated by feelings of profound distrust. Many years later, when De Quester had retired, the English merchants, in a petition to the King, protested against the choice of a successor being left to the "strangers." This, they said, would be to their own great prejudice. Even the letters patent by which that successor was appointed give as a reason for not letting the strangers have a post of their own that thus the secrets of the realm would be disclosed to foreign nations. Such being the feelings on one side, it would be strange indeed if they had not also existed on the other.
De Quester's appointment, while displeasing to the foreign merchants, gave dire offence to Lord Stanhope. The letters patent by which this peer held his office had expressly declared that not only the internal posts of the kingdom were to be under his direction, but also those "beyond the seas within the King's dominions." This expression, repeated from former patents, applied, no doubt, to Calais. And yet, could it in reason be contended that his rights were not being infringed if the post through which all letters between London and the Continent passed were transferred to other hands? Except for the practice of granting offices in remainder, Stanhope's death at this time would have settled the difficulty. As a matter of fact, however, the difficulty had only begun. By a deed granted thirteen years before, his son and successor in the title succeeded also to the office of Master of the Posts, and it soon became evident that the younger Stanhope had no intention, without a struggle, of letting the grant to himself be whittled away by a subsequent grant to another. The Council, not composed of laymen alone, but comprising among its members Coventry, soon to become Lord Keeper, and Heath, the Solicitor-General, advised the King that "both grants might well stand together, being of distinct places." Stanhope rejoined that his was "an ancient office tyme out of minde," and that by prescription it carried with it the control of letters passing between England and the Continent as well as others. Again the Council reported against his claim. In support of it, they said, no patent or proofs had been adduced before them more ancient than the time of Henry the Eighth.
Stanhope, who remained unconvinced, now proceeded to assert his rights, or what he conceived to be his rights, with remarkable vigour. He caused De Quester to be molested in the discharge of his duties; he placarded the city of London, cautioning all persons against sending letters except by his own agents; he instituted proceedings in the Court of King's Bench; and he even stirred up the foreign merchants to make common cause with himself against the intruder.
The probable explanation of Stanhope's conduct is that De Quester's appointment touched him in that most sensitive part, the pocket. His salary as Master of the Posts was £66:13:4 a year, and this he would of course receive in any case; but on letters to the Continent there were certain fees to be paid, a fee of 8d. on each letter to or from Amsterdam, and a like sum between London and Antwerp or London and Hamburgh, and these, as seems to have been admitted in the suit at law, were the motive cause.
In vain the King proclaimed against Stanhope's proceedings. The Privy Council met to consider the question as between him and De Quester, and separated without coming to a conclusion. Four more meetings were held, and with an equally unsatisfactory result. Clearly there was a conflict of opinion at the Council Board. Meanwhile the decisions as regards the merchants were marked by extraordinary vacillation. First, the Merchant Adventurers were "to have a post of their owne choice" to the city of Hamburgh and town of Delph, "where the staples of cloth are now fetched or to such other place or places whither the same shall happen to be removed"; then they were summoned before the Council to shew cause why they also should not send their letters by De Quester; then the concession was not only confirmed in the case of the Merchant Adventurers, but extended to all other "Companies of Merchants"; and then in the case of these other companies the concession was withdrawn, but only, in the course of a few weeks, to be restored. Only few restrictions were imposed. No one carrying the merchants' letters was to "keepe any publick office," to "hange up any Tables," or to "weare any Badge"; nor was he to be employed until his name had been submitted to the Secretary of State for approval. It was also provided that in times of war or danger the Secretary of State, if he required it, was to be "made acquainted" with the letters and despatches which the messenger carried.
The final decision of the Council, which left the merchants in possession of a post of their own, practically superseded De Quester's appointment, and this drew forth an indignant protest from Sir John Coke. The two Secretaries of State, of whom Coke was one, had been specially charged with the protection of De Quester's office, and the decision had been arrived at in their absence. Meanwhile a broker, of the name of Billingsley, was carrying the merchants' letters, and the same man was being employed by Stanhope. Coke's indignation knew no bounds. "I confess," he said, "it troubleth me to see the audacity of men in these times, and that Billingsley, a broker by trade, should dare to attempt thus often to question the King's service, and to derive that power of foreign letters unto merchants which in all states is a branch of regal authority." Can any place in Christendom be named where merchants are allowed to send their letters except through the authorised post? It is true that, as an act of grace, the Merchant Adventurers here have been suffered to send and receive their letters by private hand; but such letters have been only to and from their own mart towns and concerning their private business. That this man of theirs should be suffered to carry any letters he please—letters from merchants in general, and even from ambassadors, is a thing that has never been heard of nor durst any attempt it before. "Indeed the merchants' purse hath swayed very much in other matters in former times, but I never heard that it encroached upon the King's prerogative until now." A pretty account will those who are charged with the peace of the realm be able to give in their places "of that which passeth by letters in or out of the land if every man may convey letters, under the covers of merchants', to whom and what place he pleaseth." Coke went so far as to suggest that advantage had been taken of a small attendance at the Council Table to extort the concession from the King upon wrong or imperfect information. Surely His Majesty cannot have been informed "how unfit a time this is to give liberty to every man to write and send what he list."
Nor did Coke's indignation confine itself to words, for it is impossible not to conclude that he was at the bottom of the high-handed proceeding that followed. Stanhope had gained his suit at law; yet the Council, far from revoking De Quester's patent, granted him an order consigning Billingsley to prison. It was not until he had been there for three months that Parliament, which had recently passed a vote against arbitrary imprisonments, petitioned the King for his release.
Of the final issue of the contest nothing is known. But it seems probable that the foreign merchants were not deterred by the treatment which Billingsley had received from keeping up a post of their own. Other and more serious matters were beginning to occupy the attention of the Court, and it may well be believed that irregularities which had been challenged before might now be allowed to pass unnoticed. Be that as it may, in 1632 De Quester, who had lost his son, and had become old and infirm, associated with himself in the execution of his office two men named Frizell and Witherings, and to these persons he shortly afterwards assigned his patent. Frizell appears to have been little more than a sleeping partner; but Witherings soon established a high character for ability and powers of organisation. The foreign post had not been under his charge for more than three years before the King commissioned him to examine also into the inland posts, and to put them on another and better footing.