A revievv of the Councell of Trent VVherein are contained the severall nullities of it: with the many grievances and prejudices done by it to Christian kings and princes: as also to all catholique churches in the world; and more particularly to the Gallicane Church. First writ in French by a learned Roman-Catholique. Now translated into English by G.L.

CHAP. V. Of the Letters of grace, or Pardons for criminall matters.

1 HAving put the Pope above Councels, above the Empe∣rour, above Princes, and above all Clergie men whatso∣ever: having given him the jurisdiction spirituall and temporall, and in a word the power of life and death o∣ver al creatures, as masters had anciently over their slaves, it was very good reason to leave his mercie to the liberty of his conscience, to grant life to such as he shall thinke good. Hence it is that these good Fathers leave it to his discretion to grant Letters of grace and pardon to whom hee please: for there is no restriction. They give order indeed that criminals and offendors shall not cozen his Holi∣nesse, or at least that they reape no profit from their lying. For they command the Bishop that shall take the cognizance of them, or shall have passed the sen∣tence of condemnation upon them, to take speciall knowledge of the subrep∣tion or obreption of the Popes letters, and of the knaverie that any shall use towards his Holinesse, for feare lest they make not a good market for their of∣fences, and abate something of those rights which the Pope receives of them for the pardon. He that purposely laid in wait for a man is more deeply taxed than he that killed another onely by chance; and so of the rest. This is the mea∣ning of that Decree. And to the intent that all may depend upon the Pope, and it may be further lawfull for him to barter with the delinquent ••or the pardon of his offence, in case hee will give a more reasonable price for it, the cogni∣zance and judgement of this false information is given unto the Bishop onely by commission from the Pope; to whom consequently it will be ever lawfull to have recourse by way of Appeale or otherwise. Wee will here set downe the Decree at large, that the truth of our exposition may be better knowne.

2 And for as much as it happens now and then that upon fained causes, which yet seeme probable enough, some extort such pardon•• whereby the punishments in∣flicted upon them are either totally remitted, or àbated: seeing it is intolerable that a lye, which displeaseth God so much, should not onely bee unpunished it selfe, but also procure pardon for another offence to the lyar: therefore it determines and decrees as followes, That the Bishop residing upon his Church, may by him∣selfe, as Delegate for the See Apos••olique, take the cognizance even summarily, of any subreption or obreption of pardon obtained by false petitions for the absolu∣tion from any publique crime or offence which he had taken into his inquisition, or remission of the punishment whereunto the delinquent was by him condemned•• and the said pardon not admit, after it shall appeare that it was procured either by false information, or concealment of the truth.

3 Our ancient Canons never yet spoke of such Graces: they talk indeed of pardoning of sins as Priests; but not of remission of crimes as Kings & Princes. And that w^ch Innocent the third speaks of subreption o•• obreption of the Popes letters, holds onely in civill matters. The glosse upon it, which expresseth di∣vers cases of subreption and obreption assignes none e••••e. The referen•••• made by Gratian to the constitution of the Emperours Theodo••••a•• and Val••••tinian tends to another purpose; as namely to shew that the Pope hath no intention

to take away another mans right by his dispensations. It is a thing never heard of in France before this present that Popes should intermeddle with granting of pardons. The very faculties of the Legats sent heretofore into this king∣dome make not any mention of it, but onely of the remission of sinnes procee∣ding from crimes. And though there should bee any such thing, yet they are still curb'd in with this bridle, To use it in such things as are not contrary, dero∣gatory, nor prejudiciall to the rights and prerogatives of the King and Kingdome, nor against the sacred Councels, the lawes of the Vniversities, the liberties of the Gallicane Church, and the Ordinances royall.

4 The Clergie of France doe not hold their Ecclesiasticall jurisdiction of the Pope, but of the King alone; howsoever the Iesuites teach the contrary. When they doe not use it as they ought, when they connive at the punishment of crimes whereof they have the cognizance, the Courts of Parliament may in∣terpose, by meanes of an Appeale as from abuse; especi••lly considering it is it that grants them jurisdiction over spirituals. And if the question be of granting pardon to a Priest or other Ecclesiastique, not onely in a priviledged case, but also upon a common crime by him committed; it belongs to the King onely to grant it, not to the Pope nor the Bishop. And so it hath beene alwaies ac∣customed to be done in France, as our Practitioners both ancient and modern doe assure us.

5 We goe yet further, which is, that the Pope cannot restore Clergy men to their former state, so as to free them from the infamy which they have incurred: nor lay men, unlesse it be to receive them into Orders, Offices, and Ecclesiasticall acts, and not otherwise. As also, that within this Realme he cannot pardon or re∣mit the honorary amends adjudged by a lay man, albeit the condemnation were passed by an Ecclesiasticall Iudge, and that against a Clerke, as making such ho∣norary condemnation a part of the civill satisfaction. These are two entire Chap∣ters out of the Collection of the liberties of the Gallicane Church.

Notes

• Councell of Trent gives the Pope power to pardon crimi∣nals.
• Sess. 13. cap. 5. In aliis Sess. 3•• can. 4. & 5.
• Vid. titulos de poenitentiis & 〈…〉〈…〉 lib. 5. D••c••etal. in extravagant•• Cap. super lite∣ris extra. de rescrip••.
• The Pope hath not power to pardon crimi∣nals.
• Le•• rescrip. C. de precib•• Imp. offer. Gratian. caus. 25. q. 1. in fin.
• Bellarm. Tom. 1 controvers. 2. lib. 4. cap. 24.
• Benedict. in cap. Raynutius in verb. et uxor nom Adilus. Papon tit. de grac. art.
• Chap. 15. et 16. des libertez de l'Eglise Gallic.