Sivut kuvina

is situated, and without further appeal than is provided for by those laws.

Art. XIV. The subjects of either of the two high contracting parties residing in the dominions of the other shall have the same liberty as natives to manage their own affairs themselves, or to commit them to the management of any other persons, as brokers, factors, agents or interpreters; they shall not be restrained in their choice, and shall not be obliged to pay any salary or remuneration to any person whom they shall not choose to employ in those capacities: buyers and sellers being at perfect liberty to bargain together, and to fix the price of any goods or merchandise imported or destined for exportation ; on condition of observing the regulations and the customs' laws of the country.

Art. XV. The stipulations of the present Treaty shall be substituted for the stipulations of the Treaty between the two high contracting parties signed at Turin on the 10th of September, 1841, as well as of the Convention additional to that Treaty, which was signed at London on the 23rd of January, V851.

The present Treaty shall be in force for twelve years from the date of the exchange of the ratifications thereof; and further, until the end of twelve months after either of the two contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of the said term of twelve years, or at any subsequent time.

Art. XVI. The present Treaty

shall be ratified, and the ratifications shall be exchanged at London as soon as may be within the space of two months from the date of its signature.

In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.

Done at London, the twentyseventh day of February, in the year of our Lord one thousand eight hundred and fifty-one.

(US.) Palmerston.

(LS.) Henry Labouchere.

(LS.) V. E. D'azeolio.

Declaration made on the Exchange of the Ratifications of the preceding Treaty.

Declaration.—In proceeding to the exchange of the ratifications of the Treaty of Commerce and Navigation between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Sardinia, which was signed at London on the 2Tth of February, 1851, the undersigned Plenipotentiaries of Her Britannic Majesty and of His Majesty the King of Sardinia, have received the commands of their respective Sovereigns to declare as follows:—

The Ionian Islands being under the protection of Her Britannic Majesty, the subjects and vessels of those islands shall enjoy, in the dominions of His Majesty the King of Sardinia, all the advantages which by the above-mentioned Treaty are granted to the subjects and vessels of Great Britain, as soon as the Government of the Ionian Islands shall have agreed to grant to the subjects and vessels of His Sardinian Majesty the same advantages which are granted in those islands to the subjects and

vessels of Her Britannic Majesty; it being understood, that in order to prevent abuses, every Ionian vessel claiming the benefits of that Treaty shall be furnished with a patent signed by the Lord High Commissioner, or by his representative.

The ratifications of the Treaty of the 27th of February, 1851, are exchanged subject to the above Declaration.

Done at London, the eighth day of April, 1851.


V. E. D'azeglio.

CONCORDAT between the QUEEN of SPAIN and the COURT

of ROME.

[In the discussions on the Ecclesiastical Titles Bill reference was frequently made to this Concordat; and therefore it has been thought desirable to give here those Articles of the Treaty which contain the general principles on which it was based.]

Concordat Concluded between His Holiness And Her Catholic Majesty, Signed At Madrid On The 16th Of March, 1851, And Ratified By Her Majesty On The 1st Of April, And By His Holiness On The 23rd Of The Same Month.

His Holiness the Supreme Pontiff Pius IX., desiring fervently to provide for the good of religion and the utility of the Spanish Church, with that pastoral solicitude which he evinces towards all faithful Catholics, and with especial benevolence to the illustrious and devout Spanish nation; and Her Catholic Majesty Isabella 1I., with that piety and sincere adhesion to the Apostolical See which she has inherited from her ancestors, have determined to conclude a solemn Concordat, in which all ecclesiastical affairs will be arranged on a stable and canonical footing.

For this object His Holiness the Supreme Pontiff has thought fit to name as his Plenipotentiary, his Excellency Don Juan Brunelli, Archbishop of Thessalonica, Domestic Prelate of His Holiness, Assistant to the Pontifical Throne,

and Apostolical Nuncio in the Kingdom of Spain, with the faculty of Legate a latere; and Her Catholic Majesty, his Excellency Senor Don Manual Bertran de Lis, Knight Grand Cross of the Royal and distinguished Spanish Order of Charles Ill., of that of St. Maurice and St. Lazarus of Sardinia, and of that of Francis I. of Naples, Deputy to the Cortes, and her Minister of State;

Who, after delivering mutually their respective credentials, and the authenticity of them having been recognised, have come to the following agreement:—

Art. I. The Roman Catholic Apostolic Religion, which, to the exclusion of every other form of worship, continues to be the sole religion of the Spanish nation, will for ever be maintained in the dominions 0f Her Catholic Majesty,

with all the rights and prerogatives which it ought to enjoy according to the law of God and the sacred canons.

Art. II. Consequently, the system of instruction in the universities, colleges, seminaries, and public or private schools, will be in conformity with the doctrine of the said Catholic religion, and no impediment whatever shall be placed in the way of those Bishops and Diocesan Prelates charged by their office to watch over the purity of the faith and morals, and in the exercise of this office to watch over the religious education of youth in the public schools.

Art. III. Nor shall any impediment be placed in the way of the said Prelates and other sacred Ministers in the exercise of their functions, nor shall they under any pretext whatever be molested in the discharge of their duties; on the contrary, all the authorities of the kingdom shall provide for their protection, and see that due respect and consideration be observed towards them, according to Divine precept, and that nothing be done causing contempt in any way. Her Majesty and her Royal Government will likewise dispense their powerful patronage and support to the Bishops, in cases which require it, principally when they have to place themselves in opposition to the malignity of those who try to pervert the minds of the faithful and corrupt their manners, or when they have to prohibit the publication, introduction, and circulation of bad and hurtful books.

Art. IV. In everything else belonging to the right and exercise of ecclesiastical authority, and to the ministry of its sacred orders, the Bishops and dependent clergy will


enjoy the full liberty established by the sacred canons.

Art. V. New division and circumscription of Spanish Dioceses.

Art. VI. Distribution of Dioceses as regards dependence on Metropolitan Sees.

Art. VII. The new and particular Demarcations of Dioceses to be determined as soon as possible by the Holy See.

Art. VIII. All Bishops and Churches to be canonically dependent on their respective Metropolitans.

Art. IX. to XVII. Matters of detail.

Art. XVIII. In lieu of the 52 benefices mentioned in the Concordat of 1753, the dignity of Precentor is reserved for the free gift of His Holiness in all the metropolitan and suffragan churches of Astorga, Avila, Badajoz, Barcelona, Cadiz, Ciudad-Real, Cuenca, Guadix, Huesca, Jaen, Lugo, Malaga, Mondonedo, Orihuela, Oviedo, Plasencia, Salamanca, Santander, Siguenza, Tuy, Vittoria, and Zamora; and in the other suffragan churches one unofficial canonry is reserved, which will be determined on the first occasion by His Holiness. These benefices will be conferred according to the said Concordat.

The dignity of Dean will always be conferred by Her Majesty in all churches, at whatever time and in whatever form they become vacant. The official canons will be appointed through candidateship by the prelates and chapters. The other dignitaries and canons will be appointed in rigorous alternation by Her Majesty and by the respective Archbishops and Bishops. The beneficiaries and assistant chaplains will be named alternately by Her Majesty and the prelates and chapters.

The prebends, canonries, and

benefices vacant by resignation or promotion of the possessor to another benefice not belonging to those reserved for His Holiness, will be for ever in the gift of Her Majesty.

To Her Majesty will likewise belong those which become vacant, tede vacanh.', or those which the prelates who should have appointed to the same may have left unfilled at the time of their death, translation, or resignation.

To Her Majesty will likewise belong the first appointment of dignitaries, canonries, and chaplainships of the new cathedrals, and of those which may be augmented in the metropolitan see of Valladolid, with the exception of those reserved for His Holiness, and of the official canonries to be filled up as usual.

In every case those named must receive the institution and canonical collation from their respective ordinaries.

Art. XIX. Seeing that by reason of past vicissitudes, as well as by reason of the provisions of the present Concordat, there has been a notable change in the circumstances of the Spanish clergy, His Holiness on his part, and Her Majesty the Queen on her part, agree that no dignity, canonry, or benefice requiring personal residence, shall be conferred on those who, by reason of some other office or commission, are obliged to reside elsewhere. Nor shall any of those offices or commissions be conferred on those who hold any benefice of the class indicated, unless they renounce one of those offices or benefices, thereby declaring such a tenure altogether incompatible.

In the royal chapel, nevertheless, there may be as many as six prebends of the cathedral churches

of the Peninsula, but in no case can those who occupy the first sees, the official canons, or those who have the cure of souls, nor two of one church, be named.

With regard to those who in virtue of special or general favours are in possession of two or more of these benefices, offices, or commissions, the necessary steps will be taken to regulate their situation on the basis of the present Article, as well as according to the necessities of the church and the variety of the cases.

XX. to XLI. Details.

Art. XLII. Therefore, taking into consideration the advantage which religion must derive from the present Convention, the Holy Father, at the request of Her Catholic Majesty, and for the purpose of securing public tranquillity, commands and declares that no persons who of late years have purchased ecclesiastical property in the dominions of Spain, according to the civil laws at present in force, and hold it in their possession, nor those who have inherited or may inherit the rights of the aforesaid purchasers, will ever and in any way whatsoever be disturbed, either by His Holiness or by the Supreme Pontiffs his successors; and that so far from it, both the aforesaid purchasers and their successors will securely and peaceably enjoy the possession of the abovementioned property and its emoluments and produce.

Art. XL II I. Every other thing belonging to ecclesiastical persons or institutions, which has not been provided for in the foregoing Articles, will be directed and administered according to the discipline of the Church now canonically in force.

Art. XLIV. The Holy Father and Her Catholic Majesty hereby declare that the royal prerogatives of the Crown of Spain are to remain untouched and unimpaired, according to the Conventions previously concluded between the two powers. And, therefore, the aforesaid Conventions, and especially the one which was concluded between the Supreme Pontiff Benedict XIV. and the Catholic King Ferdinand VI., in the year 1753, are hereby confirmed, and will continue to be in full force in everything which is not altered or modified by the present Convention.

Art. XLV. In virtue of this Concordat, all laws, orders, and decrees published up to the present

day, in any manner or form whatsoever, in the dominions of Spain, will be considered as null and void, in all points which may be contrary to the same Concordat, which is to be now and for ever in force as a law of the State in the aforesaid dominions. And, therefore, both contracting parties promise, for themselves and for their successors, the faithful observance of all and every one of the Articles therein contained. Should any difficulty arise in future, the Holy Father and Her Catholic Majesty will come to an understanding for the purpose of giving to it an amicable solution.

« EdellinenJatka »