by law, and by the acts for the union of the two kingdoms of England and Scotland.

ARTICLE SIXTH. That it be the sixth article of union, That his Majesty's subjects of Great Britain and Ireland shall, from and after the first day of January one thousand eight hundred and one, be entitled to the same privileges, and be on the same footing, as to encouragements and bounties on the like articles being the growth, produce, or manufacture of either country respectively, and generally in respect of trade and navigation in all parts and places in the united kingdom and its dependencies; and that in all treaties made by his Majesty, his heirs and successors with any foreign power, his Majesty's subjects of Ireland shall have the same privileges and be on the same footing, as his Majesty's subjects of Great Britain. . . .

(The remainder of this article is mainly concerned with duties, annexed in a schedule, repealed by 34 and 35 Vict. c. 116.)

ARTICLE SEVENTH. That it be the seventh article of union, that the charge arising from the payment of interest, and the sinking fund for the reduction of the principal, of the debt incurred in either kingdom before the union, shall continue to be separately defrayed by Great Britain and Ireland respectively, except as herein after provided: That for the space of twenty years after the union shall take place the contribution of Great Britain and Ireland respectively towards the expenditure of the United Kingdom in each year shall be defrayed in the proportion of fifteen parts for Great Britain, and two parts for Ireland; and that . . .

(The remainder of the article, providing a complicated method of determining the proportion, the interest of which is mainly financial, is omitted, the student being referred to The Final Report of Royal Commission on the Financial Relations of Great Britain and Ireland, 1896, Parl. Pap. C. 8262.)

ARTICLE EIGHTH. That it be the eighth article of union, That all laws in force at the time of the union, and all courts of civil and ecclesiastical jurisdiction within the respective kingdoms, shall remain as now by law established within the same, subject only to such alterations and regulations from time to time as circumstances may appear to the parliament of the united kingdom to require; provided that all writs of error and appeals, depending at the time of the union or hereafter to be brought, and which might now be finally decided by the house of lords of either kingdom, shall, from and after the union, be finally decided by the house of lords of the united kingdom; and provided, That, from and after the union, there shall remain in Ireland an instance court of admiralty, for the

determination of causes, civil and maritime only, and that the appeal from sentences of the said court shall be to his Majesty's delegates in his court of chancery in that part of the united kingdom called Ireland; and that all laws at present in force in either kingdom, which shall be contrary to any of the provisions which may be enacted by any act for carrying these articles into effect, be from and after the union repealed.

And whereas the said articles having, by address of the respective houses of parliament in Great Britain and Ireland, been humbly laid before his Majesty, his Majesty has been graciously pleased to approve the same; and to recommend it to his two houses of parliament in Great Britain and Ireland to consider of such measures as may be necessary for giving effect to the said articles: in order, therefore, to give full effect and validity to the same, be it enacted. . . That the said foregoing recited articles, each and every one of them, according to the true import and tenor thereof, be ratified, confirmed and approved, and be and they are hereby declared to be the articles of the union of Great Britain and Ireland, and the same shall be in force and have effect for ever, from the first day of January which shall be in the year of our Lord one thousand eight hundred and one; provided that before that period an act shall have been passed by the parliament of Ireland, for carrying into effect, in the like manner, the said foregoing recited articles.

(II. recites and makes part of the Act an Act of the Irish Parliament, regulating in great detail the mode by which the representatives of Ireland in the Parliament of the United Kingdom are to be to summoned.)

III. And be it enacted, That the great seal of Ireland may, if his Majesty shall so think fit, after the union, be used in like manner as before the union, except where it is otherwise provided by the foregoing articles, within that part of the united kingdom called Ireland; and that his Majesty may, so long as he shall think fit, continue the privy council of Ireland to be his privy council for that part of the united kingdom called Ireland.

(See May, C.H.E. iii. ch. xvi.; Lecky, H.E. viii. (passim); Anson, L.C. ii. 221; Porritt, U.H.C. ii. pt. vi.)

XLI

SUSPENSION OF THE HABEAS CORPUS 43 Geo. III. Cap. 117, 1803.

An Act for the suppression of rebellion in Ireland, and for the protection of the persons and property of his Majesty's faithful subjects there, to continue in force until six weeks after the commencement of the next session of parliament.

Whereas a treasonable and rebellious spirit of insurrection now unfortunately exists in Ireland, and hath broken out into acts of open murder and rebellion, and persons who may be guilty of acts of cruelty and outrage in furtherance and immediate prosecution of such insurrection and rebellion, and who may be taken by his Majesty's forces to be employed for the suppression of the same, may seek to avail themselves of the ordinary course of the common law to evade the punishment of such crimes committed by them, whereby it has become necessary for parliament to interpose; be it therefore enacted . . . That from and after the passing of this act, it shall and may be lawful to and for the Lord Lieutenant, or other Chief Governor or Governors of Ireland, from time to time during the continuance of the said rebellion, whether the ordinary courts of justice shall or shall not be at such time be open, to issue his or their orders to all officers commanding his Majesty's forces in Ireland, and to all others whom he or they shall think fit to authorize in that behalf, to take the most vigorous and effectual measures for suppressing the said insurrection and rebellion in any part of Ireland, which shall appear to be necessary for the public safety, and for the safety and protection of the persons and properties of his Majesty's peaceable and loyal subjects, and to punish all persons acting, aiding, or in any manner assisting in the said rebellion, or maliciously attacking or injuring the persons or properties of his Majesty's loyal subjects, in furtherance of the same, according to martial law, either by death, or otherwise, as to them shall seem expedient for the punishment and suppression of all rebels in their several districts, and to arrest and detain in custody all persons engaged in such rebellion, or suspected thereof; and to cause all persons so arrested and detained in custody to be brought to trial in a summary way by courts martial, to be assembled under such authority as the said Lord Lieutenant, or other Chief Governor or Governors shall from time to time direct, and to consist of commissioned officers of the line, fencible or militia regiments, or yeomanry corps, not less in number

than seven, nor more than thirteen, for all offences committed in furtherance of the said insurrection and rebellion, whether such persons shall have been taken in open arms against his Majesty, or shall have been otherwise concerned in the said rebellion, or in aiding, or any manner assisting the same, and to execute the sentences of all such courts martial, whether of death or otherwise, and to do all other acts necessary for such several purposes, provided that no sentence of death shall be given against any offender by such court martial, unless the judgement shall pass by the concurrence of two thirds at least of the officers present.

II. And be it enacted, That no act which shall be done in pursuance of any order which shall be so issued as aforesaid shall be questioned in his Majesty's court of King's-bench in Ireland, or in any other court of the common law in any part of the United Kingdom: And in order to prevent any doubt which might arise, whether any act alleged to have been done in conformity to any orders so to be issued as aforesaid, was so done, it shall and may be lawful to and for the said Lord Lieutenant, or other Chief Governor or Governors, to declare such acts to have been done in conformity to such orders, and such declaration signified by any writing under the hand of such Lord Lieutenant, or other Chief Governor or Governors, shall be a sufficient discharge and indemnity to all persons concerned in any such acts, and shall, in all cases, be conclusive evidence that such acts were done in conformity to such orders.

(III. Officers and soldiers for acts so done shall be responsible to courtsmartial only. IV. A sufficient return to a writ of Habeas Corpus that the party is detained by warrant of a person authorised by the lord lieutenant.)

V. Provided always, and be it declared and enacted, That nothing in this act contained shall be construed to take away, abridge, or diminish the acknowledged prerogative of his Majesty, for the public safety, to resort to the exercise of Martial Law against open enemies or traitors, or any powers by law vested in the said Lord Lieutenant or Chief Governor or Governors of Ireland, with or without the advice of his Majesty's Privy Council, or of any other person or persons whatsoever, to suppress treason or rebellion, and to do any act warranted by law for that purpose, in the same manner as if this act had never been made, or in any manner to call in question any acts heretofore done for the like purposes.

(VI. The time-limit of the Act made repealable or alterable in the present session.)

(Dicey, L.C. passim.)

XLII

THE SLAVE TRADE

47 Geo. III. Sess. 1, Cap. 36, 1807.1

An act for the abolition of the slave trade.

Whereas the two houses of parliament did, by their resolutions2 of the tenth and twenty-fourth days of June one thousand eight hundred and six, severally resolve, upon certain grounds therein mentioned, that they would, with all practicable expedition, take effectual measures for the abolition of the African slave trade, . . . And whereas it is fit upon all and each of the grounds mentioned in the said resolutions, that the same should be forthwith abolished and prohibited, and declared to be unlawful; be it therefore enacted... That from and after the first day of May one thousand eight hundred and seven the African slave trade and all manner of dealing and trading in the purchase, sale, barter, or transfer of slaves, or of persons intended to be sold, or transferred, used, or dealt with as slaves, practised or carried on in, at, to or from any part of the coast or countries of Africa, shall be, and the same is hereby utterly abolished, prohibited, and declared to be unlawful: And also that all manner of dealing, either by way of purchase, sale, barter, or transfer, or by means of any other contract or agreement whatever, relating to any slaves, or to any persons intended to be used or dealt with as slaves, for the purpose of such slaves or persons being removed or transported either immediately or by transhipment at sea or otherwise, directly or indirectly from Africa, or from any island, country, territory, or place whatever, in the West Indies, or in any other part of America, not being in the dominion, possession, or occupation of his Majesty, to any other island, country, territory or place whatever, is hereby in like manner utterly abolished, prohibited, and declared to be unlawful; and if any of his Majesty's subjects, or any person or persons resident within this United Kingdom, or any of the islands, dominions, or territories thereto belonging, or in his Majesty's occupation or possession, shall from and after the day aforesaid, by him or themselves, or by his or their factors or agents or otherwise howsoever, deal or trade in, purchase, sell, barter, or transfer, or contract or agree for the dealing or trading in, purchasing, selling, bartering,

1 Repealed by 24 and 25 Vict. cap. 101; Stat. Law Revis. Act, 1861. 2 See p. 170.