the army. By 53 Geo. 3. c. 128. § 1. All such of his majesty's popish or 53 G 3. c. 128. Roman catholic subjects as hold, exercise, and enjoy any civil or Regulations as military office or offices, or place or places of trust or profit, or to the taking of other office or situation whatsoever, granted to them or any of commissions in them in Ireland, under the authority of 33 Geo. 3. of the parliament of Ireland, and who shall have duly taken the oaths and declaration required by the said act, shall not, in respect of any such office, place, or situation, be liable, in England, Wales, Berwickupon-Tweed, or in his majesty's navy, or in the islands of Jersey or Guernsey, to any of the pains, &c. enacted by the 25 C. 2. c. 2. and shall also be wholly exempt from all pains, &c. whatsoever in the said several places last mentioned, for not making, taking, and subscribing the oaths of allegiance, supremacy or abjuration, or not making, taking, and subscribing the declaration required to be taken to enable any person to hold and enjoy any office or place of trust or profit, or for not receiving the sacrament of the Lord's supper according to the rites and ceremonies of the church of England; any thing contained in any act of parliament to the contrary notwithstanding. § 2. And if any of his said majesty's popish or Roman catholic subjects having duly taken the oaths and declaration required: by this act, shall take or have taken in Ireland a commission in his majesty's army, and shall afterwards take a higher commission or higher commissions in Great Britain within the intent and meaning of the said act; or if any person having inlisted as a private in any regiment in Ireland, or being a non-commissioned officer in such regiment, shall afterwards take or have taken a commission in the said or any other regiment in Great Britain, and shall have duly taken the oaths and declaration required by the said act, he shall not, in respect of such commission, be liable, in England, Wales, Berwick-upon-Tweed, or in his majesty's navy, or in the islands of Jersey or Guernsey, to any of the pains, &c. in said 25 C. 2. c. 2. and shall also be wholly freed, &c. as in § 1. III. Miscellaneous Provisions against Papists and Popery. By the 5 El. c. 1. § 2. 3. 4. 10. 11. If any person shall main- Maintaining the tain the authority of the See of Rome in this realm, he shall incur authority of the a præmunire (for which see title Praemunire) for the first offence, see of Rome. and for the second shall be guilty of high treason. Prosecution to be within a year. And the justices in sessions may enquire thereof, and shall certify the same into the king's bench. And by 3 J. 1. c. 4. § 22. 23. 25. If any person shall put in prac- Absolving or tice to absolve or withdraw any subjects from their allegiance, or withdrawing if any person shall be willingly so absolved or withdrawn; he, his subjects. aiders, and maintainers, shall be guilty of high treason. The trial to be at the assizes, or in the king's bench. fice from an By 13 R. 2. c. 3. None shall take any benefice of an alien, or Taking a beneconvey money to him for the farm thereof; on pain of incurring a præmunire. No alien shall purchase or occupy a benefice in England; on pain of a præmunire. 7 R. 2. c. 12. alien. By 12 R. 2. c. 15. He that shall go out of the realm, to procure Going out of a benefice, shall be out of the king's protection; and the same the realm to shall be void. procure a bene fice. Accepting a benefice from the pope. Bulls or other instruments from Rome. 1 W. & M. c. 18. By 13 R.2. st. 2. c. 2. If any person shall accept a benefice from the pope, he shall be banished for ever, and his lands and goods forfeited. By 7 H. 4. c. 8. 3 H. 5. st. 2. c. 4. No provision of a benefice not vacant, made by the pope, and licensed by the king, shall be available; but persons endeavouring to exclude the incumbent thereby shall incur a præmunire. By 13 Eliz. c. 2. If any person shall get or publish any bull or instrument from Rome, he shall be guilty of high treason. And his aiders and comforters shall incur a præmunire. And concealing the same shall be misprision of high treason. And the justices of the peace may enquire thereof, within a year and a day. 23 El. c. 1. § 8. By the toleration act, (1 W. & M. c. 18. § 12.) If any person being required by a justice of the peace shall refuse to take the Papists refusing oaths of allegiance and supremacy, and to make and subscribe the to take the oaths. 1 G. 1. st. 2. c. 15. Two justices may summons suspected per sons. Jesuits and papists being in the realm. Receiving or relieving them. Discovering them, Papists to pay double taxes. declaration against popery of the 30 C. 2., he shall be committed by the said justice to prison; and, at the next sessions, if he shall again refuse to make and subscribe the said declaration, he shall be deemed and suffer as a popish recusant convict. And by the 1 Geo. 1. st. 2. c. 13. § 10. 11. Two justices may summon any person whom they shall suspect to be disaffected, by writing under their hands and seals, to appear before them at a time prefixed, to take the oaths of allegiance, supremacy, and abjuration, which summons shall be served on such person, or left at his dwelling house, or usual place of abode, with one of the family there; and if such person shall neglect or refuse to appear, then on due proof made upon oath of serving the said summons, they shall certify the same to the next sessions, to be there recorded: And if such person shall neglect or refuse to appear and take the oaths at the said sessions, (his name being publicly read at the first meeting of the said sessions) he shall be taken and adjudged a popish recusant convict. And the same shall be from thence certified by the clerk of the peace into the chancery or king's bench, to be there recorded. By 3 J. 1. c. 4. § 22. 23. 25. If any person shall put in practice to reconcile any subjects to popery, or if any person shall be willingly so reconciled; he, his aiders, and maintainers, shall be guilty of high treason. The trial to be at the assizes, or in the king's bench. By 27 Eliz. c. 2. § 2. 3. 10. No jesuit or popish priest shall come into or be in the realm, on pain of high treason; unless he conform. 4. And if any person shall knowingly receive or relieve any such, he shall be guilty of felony without benefit of clergy. By 3 J. c. 5. § 1. And the person who shall first discover to any justice of the peace any person who shall entertain or relieve any jesuit, seminary or popish priest, within three days after the offence, so that by reason of such discovery any offender shall be taken and convicted; such person shall not only be freed from any penalty for such offence, if himself be an offender, therein, but shall also have the third part of the forfeitures if they do not exceed 150%. and if they do exceed 150l., then he shall have 501. By the yearly land-tax acts, papists and reputed papists, being of 18 years of age, who shall not have taken the oaths of allegiance and supremacy, shall pay double land tax. By 10 Geo. 3. c. 6. § 113. Estates doubly taxed, coming to 10 G. 3. c. 6. protestants, are to be discharged. $113. By 1 J. 1. c. 4. § 2. A recusant conforming shall be discharged Papist conformof the penalties which he might otherwise sustain in respect of his ing, discharged from penalties, recusancy. And by the 11 Geo. 2. c. 17. § 1. 2. 3. 4. Papists conforming to the protestant religion, and taking the oaths, and subscribing the declaration of the 30 C. 2. in the chancery, king's bench, or quarter sessions (to be there recorded), shall have their estates freed of the disabilities incurred before such conforming. Note, the oaths of allegiance and supremacy above mentioned, and the declaration against popery of the 30 C. 2. are inserted at length in the title Daths, ante. Posse Comitatug. See Arrest. &c. II. Exemption from Postage, and Franking by Mem- [4 G. 3. c. 24. - 24 G. 3. sess. 2. c. 37. c. 53. 42 G. 3. c. 63. 35 G. 3. 43 G. 3. c. 119. III. Duty on Horses travelling post. 13. 54 G. 3. 9 An. c. 10. Postmaster's oatli. No letter to be opened or delayed. Exception. § IV. Farming the Post-horse and Stage-carriage Duty. [27 G. 3. c. 26.. .42 G. 3. c. 52. — 48 G. 3. c. 98.57 G. 3. c. 59.] I. Post-office;—and herein, 1. General Regulations. 2. Offences relative to the Post-office by its Servants and others. 3. Postage of Inland Letters. 4. Postage of Foreign Letters. 5. Packet Postage. 6. Postage relating to Soldiers or Seamen. 1. General Regulations. BY 9 Ann. c. 10. 41. No person shall be capable of exercising any employment relating to the post-office, or any branch thereof, or be any way concerned in receiving, sorting or delivering of letters, before he shall have taken the following oath, before a justice of the peace where he resides. A. B. do swear, that I will not wittingly, willingly, or knowingly open, detain, or delay, or cause, procure, permit, or suffer to be opened, detained, or delayed, any letter or letters, packet or packets, which shall come into my hands, power or custody, by reason of my employment in or relating to the post-office; except by the consent of the person or persons to whom the same is or shall be directed, or by an express warrant in writing under the hand of one of the principal secretaries of state for that purpose; or except in such cases where the party or parties to whom such letter or letters, packet or packets, shall be directed, or who is or are chargeable with the payment of the port or ports thereof, shall refuse or neglect to pay the same, and except such letters or packets as shall be returned for want of true directions, or when the party or parties to whom the same is or shall be directed cannot be found; and that I will not in any way embezzle any such letter or letters, packet or packets, as aforesaid. And by f 40. No person shall wittingly, willingly, or knowingly open, detain or delay, or cause, procure, or suffer any letter or packet after delivery into the post-office, or into the hands of any person employed for the receiving or carrying post letters, and before delivery to the persons to whom directed, or for their use; except by express warrant in writing under the hand of one of the principal secretaries of state: or except where the party to whom directed, or who is chargeable with the payment of the port, shall refuse to pay the same; and every person so offending or who shall embezzle any such letter or packet shall forfeit 201. to be recovered by action, &c. at Westminster, together with costs, and besides such penalty, such offender shall be incapable of having, using, exercising, or enjoying any office, trust or employment in or relating to the post-office, or any branch thereof. In the case of Martin v. Ford, 5 T. R. 101. it was determined, that the penalty of 207. inflicted by 9 Ann. c. 10. § 40. on persons who willingly or knowingly open, detain, or delay any letter after the same hath been delivered at the post-office, or into the hands of any person employed for the receiving or carrying post letters, extends only to persons in the employment of the post-office, and not to a person, nominated jointly by the inhabitants of a village near a post-town, and the postmaster of that town to receive and deliver the letters to those inhabitants. letters. It is now settled, that if the persons to whom letters are address- Postmasters are ed, reside within the established limits of the post town, the post- not to charge masters are obliged to deliver such letters at their places of abode, for delivering and at the rate of postage only as established by act of parliament. Stock v. Harris deputy postmaster at Gloucester, E. 11 G. 3. 5 Burr. 2709. Smith v. Plowditch, M. 15 Geo. 3. 1 Cowp. 182. et Vide per Aston, J. 1 Cowp. 189. An action on the case for damages, lies against a deputy postmaster for non-delivery of letters gratis in a country post-town, Rowning v. Goodchild, 3 Wils. 443. 2 Blac. Rep. 906. By 41 Geo. 3. c. 7. § 5. The postmaster-general may undertake at the expense of the post-office the conveyance and delivery of letters directed to persons abiding in towns and places (not being post-towns) from the respective post-towns to which such letters shall be carried by the post in the usual manner, and also the collection of letters in and from such towns, villages, and places to be sent by the post, and may take such sums of money for such extra service as may be agreed upon between him and the inhabitants of such place. § 6. Provided that nothing herein shall prevent the inhabitants of any such towns and places from carrying or re-carrying or employing servants or other persons to carry letters to or from the post-town in like manner as they have been heretofore accustomed and are by law authorised to do. 41 G. 3. c. 7. Letters to and from places not being post towns. And by 46 Geo. 3. c. 92. § 2. The postmaster-general is au- 46 G. 3. c. 92. thorised to do the same where the towns from whence the letters are to be conveyed are not post-towns: and § 3. contains the same proviso as § 5. of 41 Geo. 3. c. 7. By 9 Ann. c. 10. § 17. No person shall receive, take up, order, 9 Ann. c. 10. dispatch, convey, carry, recarry, or deliver any letter or packet of letters, or make any collection of letters, or set up or employ any conveyance whatsoever for such receiving, &c. &c. or by means whereof any letter or packet of letters shall be received, &c. &c. on pain of 5l. for every several offence, and also 1007. per week. 32. Saves the privileges of the two universities. 42 G.5. c. 81. Persons sending letters otherwise than by the post And by 42 Geo. 3. c. 81. § 5. No person shall send or tender or deliver to be sent otherwise than by the post, or by the authority of the postmaster-general or his deputy or deputies, or to the nearest and most convenient post-town to be from thence for- to forfeit 51. warded by the post, any letter or packet of letters on pain of 51. for every offence, with full costs to the informer in any court of record at Westminster; one moiety thereof to the king, the other moiety to the informer. § 6. Provided that nothing herein shall extend to any letter Exceptions. concerning goods sent by any common carrier and to be delivered with such goods without profit or advantage for receiving or de |