XVIII. As to the liabilities contracted by the Government with its creditors on account of the charges transferred, the Holy See permits, that on payment of one-tenth of the capital transferred to the public treasury, as also of the interest due thereon, the Government be exempted from all responsibility. As a security for the payment of this sum, the Government assigns one-fourth of the thirds which it collects from the tithe funds, and which it will deliver into the hands of the Ordinaries. But in order that the aforesaid sum may be proportionately divided amongst the legitimate creditors, and likewise that the principal be securely and advantageously placed, rules shall be laid down by the Ordinaries in concurrence with the delegate of the Holy See, who will be thereby invested with the fit and necessary powers for the purpose. Henceforth no possessor of property, liable to such charges, will be allowed to transfer the recognized capital to the public treasury; and those who may be desirous of relieving their property from this charge can only do it with the previous intervention of the ecclesiastical authority, depositing the recognized capital in the hands of the Ordinary, who shall have the power of reducing it if necessary, prudently and equitably, provided that the interest of the church be attended to in every case.

XIX. The church shall enjoy the right of acquiring fresh property by any just title; and the property which it now possesses, or that it may possess hereafter, shall be guaranteed by law. The administration of ecclesiastical property belongs to the persons designated by the canons, and they alone can examine and consider the accounts and economical regulations to be given and received. The property of ecclesiastical foundations, of any description whatever, appertaining to hospitals and other charitable establishments which are not now administered by ecclesiastical authority, shall be made over to it, so that the ecclesiastical power may immediately apply it properly. As regards the old and new ecclesiastical foundations, no suppression or union can take place without the authority of the Holy See, saving the powers granted to bishops by the Holy Council of Trent.

XX. Besides the religious orders and congregations now existing in the Republic of Equator, the diocesan Ordinaries can admit and establish freely and without exception, in their respective dioceses, new orders or institutions approved by the Church, in conformity with the wants of their people, and with the aid of the Government.

XXI. In all the churches of the Republic of Equator, the following prayer shall be said after divine service :-" Domine, salvam fac Rempublicam; Domine, salvum fac Presidem ejus."

XXII. The Government of the Republic of Equator pledges itself to furnish all fitting means for the propagation of the faith,

and the conversion of infidels living in its territory, and to give all aid and assistance in the establishment and progress of the holy missions, which may be sent thither for that laudable purpose by the Sacred Congregation for the Propagation of the Faith.

XXIII. All such other things as belong to ecclesiastical persons or affairs, and for which no provision has been made in the Articles of this Concordat, are to be directed and administered according to the canonical and existing discipline of the Church, approved by the Holy See.

XXIV. In virtue of this Concordat, all laws and decrees published heretofore in any form whatever in Equator, in so far as they are at variance with its contents, are hereby abrogated; and this Concordat will henceforth and for ever be considered as a law of the State. Therefore, each of the Contracting Parties engages for itself and successors faithfully to observe all and every of the Articles herein agreed to. Should any difficulty occur hereafter, His Holiness and the President of Equator will confer with each other in order to settle it amicably.

XXV. The ratifications of the present Concordat shall be exchanged within the term of one year, or sooner if possible.

In witness whereof the aforesaid Plenipotentiaries have signed this Concordat, and sealed it with their respective seals. Given at Rome on the 26th day of September, 1862.

Therefore,

(L.S.) IGNATIUS ORDONEZ.

In the name of the Republic of Equator, and in the exercise of the authority on me conferred by the sole paragraph of Article II of the Law of 17th of April, 1861, I do accept, ratify, and solemnly confirm the foregoing Concordat, pledging my word and the national honour to the upright fulfilment of the clauses and stipulations contained therein, and in the 3 official notes hereunto annexed.

In witness whereof I have had the present ratification issued, signed with my own hand, sealed with the seal of the Republic, and countersigned by the Minister for Foreign Affairs, at Quito, the 17th of April, 1863. (L.S.) R. CARVAJAL.

(L.S.) GABRIEL G. MORENO.

From the Vatican, September 26, 1862. The Undersigned, Cardinal Secretary of State, hastens to reply to your Excellency's note of this day's date, which, having reference to the comprehension of some of the Articles of the Concordat lately signed, must, like this note, form an integral part of that solemn act. [1861-62. LII.] 3 D

In Art. VIII, the existence of an ecclesiastical jurisdiction for the civil and criminal suits of the clergy, has been declared and confirmed. However, as your Excellency-with a view to render the action of punitive justice more efficacious, and to prevent the repetition of scandals which, arising from ecclesiastics, would be a very bad example to the faithful-has requested that the Holy See should take the necessary steps for the termination of the proceedings and trials in the ecclesiastical courts in the shortest possible time, and in strict conformity with the canonical laws; and likewise that all clergymen relapsing into the same offences punishable according to the laws of the Republic, be deprived of the privilege of ecclesiastical jurisdiction as well in civil as in criminal suits, and that they therefore be tried by the civil courts. Your Excellency, moreover, proposes that in order to determine and decide the relapse, it shall suffice to prove before the tribunals of the State, that the clergyman has committed the same offence within the last 12 months. The Holy Father, aware of the just reasons which have prompted the Government of Equator to make the above-mentioned request, has instructed the Undersigned to inform your Excellency that he will, without loss of time, send an encyclical letter to all the bishops in Equator, enjoining them to accelerate and bring to a conclusion, in the shortest possible time, all civil and criminal suits of the clergy in full conformity with the canonical provisions; and at the same time His Holiness grants that ecclesiastics who may relapse, in the sense indicated by your Excellency, be deprived of the privilege of subjection to ecclesiastical jurisdiction, as a punishment; and he concedes the necessary authority to enable the judges to inflict the penalties imposed by the Holy Canons on misdemeanours, such as intoxication, concubinage, traffic, or others not mentioned in the penal code of the State.

With reference to Article XIX, in which it has been stipulated that the administration of all property of ecclesiastical foundation is to devolve on the Church, His Holiness accedes to the petition made by your Excellency in the name of the Government of Equator, that is to say, that it is understood that all such property as has for a long time back been destined to objects of public interest or beneficence are excluded from the aforesaid devolution.

In consequence of the deficiency of canons in the metropolitan church and cathedrals of Equator, your Excellency has requested the Holy See to give authority for the prebends of rations and half rations (racioneros y medioracioneros) to take part in the election of the capitular vicar, spoken of in Article XV, and also in other capitular acts; His Holiness, acceding to this petition, has ordered the issue of an apostolic brief, in which the aforesaid prebends of rations and half rations are to be declared canons of second institu

tion, with all the rights and privileges of the other canons, especially including that of taking part in the election of the capitular vicar.

With regard to Article XX, relative to religious orders, your Excellency deplores the evils that arise from the non-observance of monastic discipline, and the abuses committed by the regulars who neglect their vocation, and requests the Holy Father to adopt efficacious measures in the matter. Influenced by your Excellency's statement in regard to the above-mentioned evils and abuses, His Holiness has resolved to issue a decree adopting active remedies, instituting one or more houses for each religious order, in which the living shall always be in common, and enjoining the strictest adherence to their constitutions; enforcing in all the religious houses rigorous measures against incorrigible ecclesiastics, and authorizing the apostolic visitor to introduce new orders, to change those now existing, and to adopt such other measures as the good of the church and the interests of those salutary institutions demand. The Undersigned, &c..

(L.S.) J. CARD. ANTONELLI.

From the Vatican, September 26, 1862. The Undersigned, Cardinal Secretary of State of His Holiness, has the honour to acknowledge the receipt of your Excellency's note of to-day's date, in which, with reference to Article VIII of the Concordat, relating to the privileges of ecclesiastics, subjects of the Republic of Equator, in civil as well as criminal suits for misdemeanors comprised in the National Penal Code, your Excellency declares in the name of the Government of the Republic of Equator, that if in such suits, from serious causes or extraordinary circumstances, a modification or derogation of ecclesiastical privileges should be requisite, the Government of Equator will not take any steps therein without first obtaining the consent of the Holy See, which will enter into an amicable agreement according as may be required. If in the meantime, on account of political misdemeanours it should be necessary to adopt any measures against the ecclesiastical delinquents, the Government will solicit proper authority from the diocesan prelate to proceed against the ecclesiastics, according to the laws in force. When it is desirable to secure the offender, the arrest shall be made with the caution and circumspection due to the excellence of the clerical state, and the places of imprisonment shall always be the convents, ecclesiastical buildings, or other places distinct from the common jails. Finally, when the question concerns a sentence which imposes capital punishment, the canonical prescriptions are to be ob

served.

Be it known that the Holy See amongst the powers given to its apostolic delegate for the fulfilment of Article XVI of the Concordat, will also concede such as are required for the arrangement and application of the tithe revenues of the Republic, and determining the mode of rendering productive the capital appertaining to the charges on property which the Treasury will restore, and for reducing the responsibilities of chaplains, whose rights to such charges are in part conceded to the Government in virtue of the Concordat.

Agreeing on these points, the Undersigned, in the name of the Government of His Holiness, reciprocally approves and confirms them, and at the same time has the honour to reiterate to your Excellency the sentiments of his distinguished consideration.

The Undersigned, &c.

(L.S.) J. CARD. ANTONELLI.

The Undersigned, Cardinal Secretary of State of His Holiness, in reply to your Excellency's note of to-day, after having received proper instructions from the Holy Father, and fully cognizant of the benefits that will accrue to the church from the Concordat recently concluded between His Holiness and the Republic of Equator, and with a view to secure the public tranquillity of that State, declares that those who by reason of past events have acquired from the Government, property appertaining to the Church, or have succeeded the purchasers in the possession thereof, will never be molested on that account, either by the reigning Supreme Pontiff, or his successors; that those persons can safely and peaceably enjoy the possession, rents, and other emoluments of the said property.

The Undersigned declares likewise, still having in view the utility of the aforesaid Concordat, that the holders of property subject to charges in favour of the Church, who may have paid the interest of the charges at two per cent., taking advantage of the authorization of the civil law, are freed from all responsibility, and can henceforth continue to pay legally the said two per cent. in money or effects. The Undersigned, &c.

(L.S.) J. CARD. ANTONELLI.

CORRESPONDENCE respecting Abyssinia.-1846-1860.

No. 1.-Mr. Plowden to Viscount Palmerston.-(Rec. December 2.) (Extract.)

Massowah, October 15, 1846. HAVING spent nearly 4 years in the interior of Abyssinia, on my return I was pressed by the principal Chief in this part of the