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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 adminis tration 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 Pontiffs his successors.
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.
(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