sera délivré pour s'embarquer dans le port qu'ils choisiront. En aucun cas, les dettes entre particuliers, les fonds publics, ni les actions de compagnies, ne seront saisis, séquestrés ou confisqués.

XXVII. Le présent Traité d'Amitié, de Commerce, et de Navigation sera en vigueur pendant 10 ans, à compter du jour de l'échange des ratifications; et si, un an avant l'expiration de ce terme, aucune des Parties Contractantes n'annonce son intention d'en faire cesser l'effet, il continuera d'être obligatoire pour les deux parties, jusqu'à l'expiration d'un an après que la dite notification aura été faite.

XXVIII. Le présent Traité sera ratifié et les ratifications en seront échangées à Caracas le plus tôt que faire se pourra.

En foi de quoi les Plénipotentiaires respectifs ont signé le présent Traité et y ont apposé leurs cachets particuliers.

Fait à Caracas le 19 Décembre, 1862.

(L.S.) W. STURUP.

(L.S.) MORALES MARCANO.

CONCORDAT between Rome and The Equator.-Signed at Rome, September 26, 1862.

[Ratifications exchanged at Quito, April 17, 1863.]

(Translation.)

WHEREAS a Concordat was concluded and signed in the city of Rome on the 26th of September, 1862, between His Holiness the Supreme Pontiff, Pius IX, and the Republic of Equator, the tenor whereof is as follows:

In the name of the Most Holy and Indivisible Trinity. His Holiness the Supreme Pontiff, Pius IX, and the President of the Republic of the Equator, have appointed as their respective Plenipotentiaries :

His Holiness, his Eminence James Antonelli, Cardinal of the Holy Church of Rome, Deacon of St. Agatha of Suburra, Secretary of State and for Foreign Affairs; and

His Excellency the President of Equator, his Excellency Ignatius Ordoñez, Archdeacon of the Cathedral Church of Cuenca, in the said Republic, &c., &c., and Minister Plenipotentiary to the Holy See.

Who, after communicating to each other their respective full powers, have agreed upon the following Articles :

ART. I. The Roman Catholic Apostolic Religion shall continue to be the sole religion of the Republic of Equator, and shall be maintained there with all the rights and prerogatives which it ought

to enjoy in accordance with the law of God and the canonical provisions. Wherefore, no other worship or society, condemned by the church, can ever be allowed in the Republic of Equator.

II. In each of the present dioceses, and in such as may be hereafter established, there shall be a diocesan seminary, the direction, rules, and administration of which shall appertain exclusively to the diocesan Ordinaries, in conformity with the provisions of the Council of Trent and other canonical laws. The rectors, professors, and others employed in the teaching and management of the said establishments, shall be freely appointed and removed by the aforesaid Ordinaries.

III. The instruction of youth in the universities, colleges, faculties, public and private schools, shall be conducted entirely according to the doctrine of the Catholic religion. The bishops, therefore, shall have the exclusive right of naming the books or texts for teaching the ecclesiastical sciences and for moral and religious instruction. Moreover, the bishops and the prelatical Ordinaries will freely exercise the right which they possess of prohibiting such books as are opposed to religion and good morals; it being likewise the duty of the Government to keep watch and to adopt the requisite measures to prevent the introduction and circulation of such books in the Republic.

IV. The bishops, in fulfilment of the duty of their pastoral ministry, will take care that no teaching be contrary to the Catholic religion and decency of manners; wherefore no one shall be allowed to teach theology, the catechism, or religious doctrine, either in a public or private establishment, without the previous authorization of the diocesan prelate, who can revoke the same at pleasure. For the examination of the masters of the primary schools, the diocesan shall always appoint a deputy to inquire into the religious instruction and moral conduct of the person to be examined, who cannot enter upon his office until he has been approved by the diocesan.

V. As the Roman Pontiff holds by divine right the primacy of jurisdiction and honour throughout the universal church, the bishops, as well as the clergy and people, shall have free communication with the Holy See. Therefore no civil authority can ever impede the free and full exercise of such intercourse, by obliging the bishops, the clergy, and people to avail themselves of the intervention of the Government to apply to the Roman See in time of need, or by subjecting its bulls, briefs, or rescripts to the exequatur of the Government.

VI. The ecclesiastical Ordinaries of the Republic will govern their respective dioceses with full liberty, convoke, and hold provincial and diocesan councils, and exercise the rights which apper

tain to them by virtue of their sacred office, and of the canonical resolutions in force and approved by the Holy See, without any hindrance in the execution of their orders. The Government of Equator will therefore afford its powerful protection and support to the bishops, when they require them, and, above all, when they may have to resist the wickedness of men who attempt to pervert the minds and corrupt the morals of the faithful.

VII. Appeals to the civil authorities from the sentences of the Ordinaries are abolished; and, in regard to the execution and judgments issued by the Ordinaries as ecclesiastical judges, appeal can only be made to the superior ecclesiastical tribunals, or to the Holy See, according to the rules laid down in the apostolical letter of the Supreme Pontiff, Gregory XIII, beginning "Exposcit," and conformably with canonical directions, and especially those issued by Benedict XIV, for matrimonial suits, in the Constitution "Dei Miseratione;" or appeal may be made either for nullity or impeachment before the superior courts. The ecclesiastical judges will pronounce their judgments without previously submitting them to the opinion of secular assessors, with whom, however, they may consult if they deem it necessary. Ecclesiastical advocates may perform the duty of assessors in this class of judgments.

VIII. All ecclesiastical suits, and especially matrimonial suits and those regarding the faith, sacraments, morals, holy functions, sacred duties and rights, either in respect of persons or matters, excepting the more important suits reserved for the judgment of the Supreme Pontiff, by the provisions of the Holy Council of Trent, sess. 24, chap. 5, "De Reformatione," shall be brought before the ecclesiastical tribunals only. The same shall be observed in the civil suits of ecclesiastics, and in others which relate to transgressions comprehended in the penal code of the Republic. In all trials appertaining to ecclesiastical judges, the civil authorities shall render their aid and assistance, in order that the penalties and sentences awarded by them may be observed and carried into effect.

IX. The Holy See permits ecclesiastical persons and property to be subject to public taxation, on a par with the persons and property of other citizens of Equator, but should coercion be necessary, the civil power must act in concert with the ecclesiastical authority, in order to obtain the requisite authorization. The seminaries, the property and things strictly devoted to public worship and charitable institutions, are exempt from this kind of taxation.

X. Out of respect for the House of God-who is King of Kings and Lord of Lords—the immunity of churches shall be preserved, so far as public security and the exigencies of justice permit ; and in this case, the Holy See consents that the ecclesiastical authority, the rectors and prelates of the regular establishments, may,

on the requisition of the Government, give the necessary permission for the extradition of the refugees from the sacred buildings.

XI. The produce of tithes being destined for the maintenance of Divine worship and its ministers, the Government of Equator pledges itself to maintain in the Republic this catholic institution, and His Holiness agrees that the Government of the Republic shall continue to receive one-third of the revenue from tithes. For the collection and administration of the revenue from tithes the civil and ecclesiastical authorities will concert proper regulations.

XII. In virtue of the rights of patronage conceded by the Supreme Pontiff to the President of Equator, the President can propose for the archbishoprics and bishoprics, clergymen who are worthy of such distinction, in the sense of the holy canons. Wherefore, so soon as an episcopal see shall have become vacant, the archbishop shall demand the votes of the other bishops to provide for the vacant seat; but should the vacancy be in the archbishopric, the senior bishop will require the votes for the same purpose. When the votes have been obtained, the archbishop or the senior bishop will submit at least 3 candidates to the President, who will select one of them, and propose him to the Roman Pontiff, so that he may confer upon him the canonical institution in the form and manner prescribed by the holy canons. In case the bishops, from what cause soever, should not make this presentation to the President within 6 months, the President will himself propose a candidate to the Roman Pontiff for the vacant see; and should he fail to do so within the period of 6 months, the election shall be reserved to the Holy See, agreeably to the President's own request. Wherefore the Government, or the ecclesiastical authority of the place, shall report to his Holiness, at the expiration of the said space of time. But the persons proposed cannot interfere in any way in the administration and management of the churches before they have received the bulls of canonical institution. When new bishoprics are to be erected, the President of the Republic will himself propose the new bishops to the Holy See for the first time.

XIII. In like manner His Holiness grants to the President of the Republic the right of appointing worthy ecclesiastics to the prebends of cathedral chapters, whether dignities or canonries or rations; excepting, however, the first dignity, which will be reserved for the free collation of the Holy See; excepting also those prebends which, not being subject to examination or competition, may become vacant in the months of March, June, September, and December, and which are to be freely conferred by the bishops. The Doctoral, Penitentiary, Magistral, and other prebends which are subject to examination or competition, will likewise be conferred by the bishops alone, after examination and proof of doctrine accord

ing to the canonical provisions. Finally, should any chapter be wanting in the number of capitular members prescribed in the bulls for the erection of the respective dioceses, the bishop may forthwith, or as soon as there is sufficient revenue, erect the deficient prebends, which are to be conferred in conformity with the rules established in this Article.

XIV. As regards the collation to parochial benefices, the Ordinaries, after having complied with the prescriptions of the Holy Council of Trent, shall forward to the Government the names of three worthy ecclesiastics, on whom the parish might be conferred; and the President either himself, or through his delegates in the provinces, will elect one of the 3. Should the Government for special reasons require three other names, the Ordinary may send them, but on the understanding that this second ternary number can in no wise be rejected. If it be necessary to divide parishes, this can be done by the bishops, with the concurrence of the local civil authority.

XV. When the chair of any cathedral church becomes vacant, its chapter will freely elect the capitular vicar, within the time and according to the rules prescribed by the Council of Trent; but the election once made the chapter cannot annul it, nor proceed to a new one; any custom, however ancient, to the contrary, which is at all at variance with the holy canons, being entirely abolished.

XVI. The Holy See, in the exercise of its rights, will erect new dioceses, and make new circumscriptions in those which exist; and taking into consideration the great extent of the dioceses into which the Republic is already divided, so soon as the present Concordat shall be ratified, will confer the necessary powers on a special delegate, who, together with the Government and the respective bishops, will determine the boundaries of the dioceses, and fix the endowment and other revenues of the bishops, chapters, and seminaries.

XVII. The executive Decree, issued in Equator, on the 28th of May, 1836, relating to the redemption of charges imposed on property in favour of the church, is abrogated; and the Holy See, in consideration of the benefits which will flow from the present Concordat, and earnestly wishing to provide for public tranquillity, and to remedy the evils suffered by the country, in consequence of the transfer of those charges to the national treasury, accedes to the repeated requests of the President, decrees and declares that those persons who from the year 1836 up to the present time have made or promoted such transfers, and also the holders of the property in such manner redeemed, and those who may succeed thereto, shall not at any time nor in any manner ever be molested, either on the part of His Holiness or of the Roman Pontiff's his successors.