Abbreviata species facti in causa abbatis Anselmi in Monte S. Michaëlis prope Bambergam Ordinis S. Benedicti quoad spiritualia

BENEDICTUS DEUS etc., taken from: O, the times! Alas, the harsh times! If it is not permitted even for the Abbots of the Order to approach the Church with impunity to restore discipline and collapsed Provostries, as commanded so effectively in the most recent General Council. Alas, the harsher times! If an Abbot, burdened on that account, is not even permitted to approach the Church with impunity to obtain assistance against adversaries who rashly oppose such pious works. Alas, finally, the harshest times! If even an Abbot with these most just complaints is not heard in his own regions due to the overwhelming power of the opposing party, just as happened according to sinister designs.

For the Abbot, completely despoiled and having barely half-recovered from his lethal illness, betook himself to the Bountiful City of the world Rome to seek restitution through the path of Law, since he had been injured by the path of force. Therefore, he took care to have the Citation obtained in the Signature of Justice served by distinct acts, both to the Most Illustrious Vicar General and Fiscal of Bamberg, and to the monks who were opposing every restoration and participating in the actual spoliations. But this provision having scarcely been made, behold, a new affliction was added to the Abbot, who was already sufficiently afflicted, when immediately after obtaining the Citation on January 2, 1741, he was ordered within eight days to depart from the city and betake himself to his Abbey (a place, I say, infamous due to recent spoliations and the domestic and powerful foreign enemies, and thus not at all safe, and naturally even more to be dreaded), although he had not been fortified with any letters of security or inhibitory letters against his enemies and notorious despoilers. Nevertheless, the Abbot performed blind obedience, at least for the greater part, because he could not for the whole, and thus, with danger to his life certified by doctors in Rome, he set out in the middle of winter as far as Augsburg. And regarding this, he immediately made a decent notification Letter 2. to the Most Illustrious Eminent Vicar General in Rome (from whom he had received the order to depart) (see Letter 2), modestly proposing further that he could go no further on account of the place being unsafe and the fear of greater violence, etc. Meanwhile, because the Original Citation was retained by the Lord Vicar General of Bamberg, the Abbot’s Agent transmitted a duplicate of the Citation with stricter compulsory mandates for the exhibition of necessary documents from both the Episcopal and Abbatial Archives, which was expedited in the Signature of Justice on April 15, 1741. Thus, the Abbot could not prudently doubt the actual pendency of the suit and other favors and effects of Law annexed to it. But behold, a new and unusual event, far harsher than the former! For immediately after three days, namely on April 18 of the same year, at the instance of the Bamberg Proctor alone before the Most Illustrious Auditor of the Most Holy One, the aforementioned Citation, already duly served and similarly accepted by both parts of the opposing side, was nonetheless simply quashed in silence, and moreover, without the despoiled party present; furthermore, the Abbot's Proctor could not defend his client due to the lack of instructions and documents not yet transmitted. Indeed, in the very decree of annulment, there is the highest silence regarding the aforementioned duplicate of the Citation obtained only three days prior, from which the nullity of the annulling decree is clearly apparent, since the Abbot was in no way solidly defended or fully heard in this extraordinary and unforeseen judgment. Furthermore, this annulment was simply made at the sole instance of the Episcopal Proctor alone, without anything being acted upon by the Proctor of the monks, to whom the Citation had also been directed and legally served by a distinct act, as should have been done, lest the Most High Ordinary of Bamberg appear to have one and the same cause with the monks litigating against the Abbot, which would be more absurd.

Meanwhile, having obtained these things by way of subreption and obreption, the Most Illustrious Lord Vicar General of Bamberg, having become bolder, peremptorily cited the Abbot to betake himself to the Abbey within six weeks and three days under pain of suspension from Office and Benefice by a sentence already passed. But the Abbot, while the spoliation and the danger of the unsafe place still existed, interposed an Appeal before an Apostolic Notary on the second of the month of August 1741 Sign. 1. by the force of the document placed under Sign 1, and he sent one legal instrument to Rome for its introduction, and another to the Episcopal Consistory of Bamberg for their notice. But because the Abbot has received no reply to this day regarding its introduction, it must be assumed that the Appeal was suppressed. Finally, after a year, the Most Illustrious Vicar General of Bamberg himself, according to the judgment of the Most High of Bamberg in the name of the Most Holy One, received delegated power from the Eminent Secretary of State to proceed against the Abbot (who was claimed to be a fugitive, contumacious, etc.) up to deprivation. Hence, by Patent Letters (in which the Pontifical Rescript was inserted), affixed to the doors of the churches, partly at the Cathedral of Bamberg, on July 10, 1742, he peremptorily cited the Abbot, which affixing and citation was also done at Augsburg at the doors of the Regular Church of Saints Ulrich and Afra, although at that time...