domestic discipline, the persons of whom the council or commission is to consist, which has to preside over the economical administration of the said college; he shall also appoint the rector, the teachers, and the steward, and shall direct them all in the exercise of their functions, and he shall remove them if he considers it necessary to do so. No student shall be admitted without his consent, and those who have been admitted may be dismissed by him at any time if it should be requisite. The Archbishop may admit into this college those persons desiring to advance the ecclesiastical service whom he may wish to be instructed in more extended philosophical studies in the university.

The Holy See consents that the Archhishop should continue to expend, for the support of this kind of college, the sum which he has been accustomed to lay out on the same college from the property assigned to the seminary, provided that from the general ecclesiastical funds and others destined for Catholic affairs, so much is furnished as has hitherto been given; and if this is not sufficient, all that may be supplied which, on consultation with the Archbishop, may be considered necessary.

But all the students of the said college, when they have finished their studies in the schools of the University, are to be admitted into the so-called clerical seminary, situated at St. Peter's, near Freyburg, and they shall remain there until they have been initiated into the priesthood. And this seminary will be subject to the Archbishop of full and free right, as well as the other to be hereafter instituted, according to the scheme of the Council of Trent, and of which mention is made in the foregoing Article.

X. As, however, the Government intends to establish some common halls for the proper education of Catholic youth in those places where gymnasiums or lyceums destined for Catholics already exist, those boys and young men who wish to join the clergy may be admitted among others in the meantime, and for so long as there are no seminaries for boys.

The statutes and rules of these common halls are to be arranged in consultation between the Archbishop and the Government, and afterwards altered, if it should be necessary.

The superiors and teachers must also be chosen from ecclesiastics, after consultation with the Archbishop; and all others who have any duties to perform in those common halls must be Catholics. Only Catholic boys and young men are to be admitted as pupils, and that after an examination, at which the Archbishop's delegate must be present; no one, moreover, can be admitted without the Archbishop's consent, and no one may be retained in the college if the Archbishop thinks he ought to be removed.

All the masters who have to teach in such gymnasiums and

lyceums are to be chosen from Catholics; but if the Archbishop should consider anything worthy of animadversion or censure in regard to the masters and others belonging to any common hall, or in regard to the methods of study or discipline, then the Government shall take care, in such manner as it can, that the animadversions and desires of the Archbishop be attended to.

It shall, moreover, be free for the Archbishop to direct and appoint everything relating to the religious education and instruction of the pupils in the common hall, and to keep watch lest there be in any part of the discipline practised, aught that might be adverse to the Catholic religion and to good morals; he may, therefore, visit those common halls, send deputies to the examinanations, and require periodical reports from the superiors.

XI. The Catholic faculty of theology in the University of Freyburg shall be subject to the regulation and inspection of the Archbishop in regard to the ecclesiastical function of teaching; the Archbishop may therefore confer on the professors and masters authority and appointment to teach, and revoke the same when he may think fit; he may require a profession of faith from them, and examine their writings and compendiums.

XII. The temporal goods which the Church now possesses, or may acquire in future, shall always be preserved and kept entire, but shall be subject to the public burdens and taxes, as well as to the general laws of the Grand Duchy, the same as other properties.

The ecclesiastical goods are to be administered in the name of the Church, under the inspection of the Archbishop, by those to whom this administration belongs, either by direction of the canons, by custom, privilege, or foundation; but all administrators are bound to render an account every year to the ordinary or his deputies, although they may have to render one also to others, on the above-mentioned grounds.

But, on account of the peculiar state of affairs, and so long as the necessities of the church, both general and local, are provided for from the public treasury, while the same state of affairs continues, the directions given in the following Articles shall be observed in the conservation and administration of the ecclesiastical goods.

XIII. None of the property of any ecclesiastical foundation shall be sold or exchanged, given in usufruct, subjected to mortgage or other burdens, nor alienated by any transaction, nor let for more than 9 years, nor the proceeds thereof converted in any way to purposes other than those of the foundation, without the consent of the ecclesiastical authority.

But the Holy See allows that the consent of the Government be obtained to the alienation of ecclesiastical property, to the imposi

tion of fresh burdens upon it, or to the application of its proceeds to other uses.

XIV. The property, however, appertaining to the archiepiscopal table, to the college of canons, the metropolitan church and the seminary, are to be freely and wholly administered by the Archbishop himself, or by the college of canons, according to canonical regulations, as well as all other funds arising either from the administration of that property, from the vacancy of the archiepiscopal see, or of the benefice of any metropolitan church, or collected from new foundations by private persons, or which may hereafter be so collected.

But the funds and the fixed property which are assigned, or which may hereafter be assigned by the Government, for the endowment of the archiepiscopal church, cannot be either alienated or subjected to any burden without the consent of the Government ; and there is nothing to prevent the Government's ascertaining from time to time whether the property itself is in good order and

secure.

XV. But the property which the so-called rural chapters possess is to be freely administered by the chapters themselves, under the inspection of the Archbishop only.

XVI. All the funds and property pertaining either to the fabrics of the churches, or to the ecclesiastical foundations of any place, may be administered by the boards appointed for the administration of such property in the several communities, according to the prevailing manner, provided, however, that they are administered in the name of the church, and that the parochial ministers and other clergymen who do duty at these boards exercise their functions thereat by authority and order of the Archbishop. Moreover, all who are elected to such a board, by the votes of the Catholics of any place, as well as the auditor elected by the board itself, are to be confirmed both by the Government and the Archbishop, or by their deputies; and their administration is to be inspected both by deans deputed by the Archbishop, and by the public ministers of the Government at the same time.

XVII. The property assigned for relieving the necessities of any district are to be administered by boards, which must consist of Catholics, chosen in equal numbers by the Government and the Archbishop, and accepted by both. Each of these boards must have a president chosen by itself; and the auditor thereof is to be approved by the Government and the Archbishop.

XVIII. A mixed council or commission is to be constituted besides, which will have to watch carefully, in the name of the church, over the administration of the intercalary funds, and of the other general ecclesiastical foundations, and which will at the same

time have the chief care of the administration of all the ecclesiastical foundations existing in the Grand Duchy of Baden. Wherefore, this council or commission will require from each of the administrators, in the name of the Archbishop as well as of the Government, accounts of their receipts and expenditure, and will report on each administration as may be requisite. What foundations are to be considered as general ecclesiastical foundations is to be decided in consultation between the Government and the Archbishop.

XIX. This council shall consist of Catholics chosen in equal numbers by the Government and the Archbishop, and approved by both. But as a Catholic must preside over this council or commission, both the Government and the Archbishop shall possess the right of proposing those who may be considered most fit for the post; and he who is chosen and appointed both by the Government and the Archbishop on consultation, shall fill the office of president. The Government will also constitute this same person president of another council, which has to attend to the government of the Catholic schools in the Grand Duchy, and at the same time to give such attention as may be required in the administration of the property destined for catholic matters in the Grand Duchy.

All the ways and manners in which this mixed council or commission has to proceed in the discharge of its special functions are to be prescribed by the Government and the Archbishop after consultation with each other.

All administrators, whether of intercalary funds, or of any general ecclesiastical foundation, whereof mention is made in Article XVIII, are to be chosen from Catholics, after consultation between the Government and the Archbishop.

XX. The Archbishop shall also have full right of knowing and of thoroughly inspecting the nature, condition, intention, charges, and documents which pertain to any foundation, so that after careful consideration of all the circumstances, and after consultation with the Government, he may lay down precise rules by which the administration of any ecclesiastical foundation is to be conducted, and its revenues applied in each year. The mixed council or commission will have to keep in view and to follow these rules in the discharge of its own functions, and in examining the accounts of receipts and expenditure. But in settling the regular portion of the expenses which ought to be disbursed for divine worship in any church, particular attention must be paid to the Archbishop's requests, as it afterwards belongs to him alone to prescribe how the appointed sums are to be applied to the maintenance or extension of divine worship. The Archbishop will consult the Government whenever he shall think it fitting on account of extraordinary neces

sities of divine worship to apply the surplus revenues of any ecclesiastical foundation.

XXI. Benefices are to be administered by their rectors according to the rule of the sacred canons, under the inspection of the aforesaid mixed commission. But when benefices have become vacant their property shall be administered by the treasurers of the rural chapters, or by other persons to be agreed upon by the Archbishop with the Government, and the surplus revenues of any benefices, remaining after the burdens thereof have been discharged, shall be assigned to the intercalary fund, unless from the peculiar circumstances of the places these revenues have to be applied to the augmentation of the benefices, or to the greater advantage or necessity of the local church.

XXII. The Archbishop shall have immediate communication with all the Grand Duke's magistrates.

XXIII. All edicts and decrees which are not in accordance with the present Convention are abrogated; and such provisions of the laws as are opposed to this Convention shall be altered.

XXIV. If any difficulty should hereafter arise in regard to the matters which have been agreed upon, His Holiness and His Royal Highness will confer with each other for the friendly arrangement thereof.

The ratifications of the present Convention shall be exchanged at Rome, within the space of two months, or sooner, if possible. In faith whereof the aforesaid Plenipotentiaries have signed this Convention, and set thereto their respective seals.

Done at Rome, on the 28th day of June, in the year of salvation,

1859.

(L.S.) CHARLES AUGUSTUS CARD. DE REISACH. (L.S.) CHRISTIAN GUSTAVUS BARON VON BERCKHEIM.

(L.S.) FRANCIS CHARLES ROSSHIRT.

CORRESPONDENCE between Great Britain and France, respecting Foreign Refugees in England.*—January-March, 1858.

No. 1.-Count Walewski to Count Persigny.-(Communicated to the Earl of Clarendon by Count Persigny, January 21.)

M. LE COMTE,

Paris, le 20 Janvier, 1858. L'INSTRUCTION ouverte sur la criminelle tentative dont la personne de l'Empereur vient d'être l'objet, poursuit son cours, et

* Laid before Parliament 1858.