so much

continues from previous page: ...to serve him according to the rights competent to him by the Laws of the Romans) he is able to save himself, his own people, and the entire Abbey with the Provostship of Saint Faith; for Abbot Anselm never consented, either expressly or tacitly, to the surrender of his Abbey, but here repeats the protest already made public regarding this matter, especially since it is of the utmost interest to the Church herself (as the Fathers asserted indubitably today as in the past), and since natural equity dictates, and sound reason for the public good regarding Religion and the Region demands, and the examples of our ancestors exhort, that in accordance with the last wills of the Founders—all the most great Kings and Emperors—the Monasteries, with the flourishing observance of the solemnly approved Rule, be preserved all the more in their entire state, and be protected with all the more zeal against all molestations and depredations, the more the Benedictine Order mourns and deplores others that are already utterly destroyed and suppressed; nor is there anyone who effectively reflects on restoring those or founding new ones, or takes to heart those things which are alleged from Book 1 of the Chapters of the Emperors CHARLES and LOUIS in Case XVI, question 1, chapter 59, in the following words: Because according to the Tradition of the Holy Fathers we know the property of the Church to be the vows of the Faithful, the prices of sins, and the patrimonies of the poor, we desire that everyone not only preserve what they have, but also (God helping) confer many things: Therefore, may GOD and the Father of mercies and of all consolation have mercy on all Abbeys, especially the Imperial Monastery of Saint Michael, through Christ our Lord, of whom we know it is written in Isaiah 42, verse 3: A bruised reed He will not break, and a smoking flax He will not quench: in truth He will bring forth judgment. Amen.

A Succinct Species Facti original: "Species Facti" — a summary of the facts of a legal case

Regarding the Spoliation original: "Spolium" — the illegal seizure of property or office in Temporals, with a brief deduction of the competent forum, including the secular one, in this case.

Letter A.

Letter C.

Letters L. M. N. O. P.

a

Letter R.

The Abbot of Saint Michael of the Order of Saint Benedict near Bamberg, with a most just title from the Foundation of the holy Emperor Henry, through observance continued from time immemorial, besides other Prerogatives, specifically has the power of administering the Goods and Rights of the Monastery in the most useful way (wherever it shall seem appropriate), and also of exercising jurisdiction over the Subjects of the Abbey, either by himself immediately or through other Officials, whom he can freely appoint and remove, from the highest to the lowest, without requiring the Consent of his Convent See Letter A, in the strength of which this entire Foundation Letter A. was specially confirmed not only by the holy Emperor Henry himself Letter C. but also by subsequent Emperors up to Charles VI inclusive, and was received under Imperial Protection to such an extent that the Abbot and Abbey can quietly and freely use and enjoy their Goods and Rights and Liberties received from the Emperor and others, See Letters L. M. N. O. P. From which it is evident that the Abbatial Administration regarding Temporals, as well as regarding the Right and Exercise in the Monastery of Saint Michael, as belonging to the civil secular forum, was at all times acknowledged, and all the more so because it is certain in fact that the Abbot at that time, ANSELM (after being newly elected and placed in possession by the Most Illustrious Lord Ecclesiastical Commissioner in the Cloister and Convent, by the stipulation of all the Monks), after this act was finished, was greeted by the Secular Commissioner outside the Cloister in the Abbey by the reception of the Keys and the stipulation of the Officials of the Monks and Seculars as the new Abbot NB. in Temporals, See Letter R, who also for sixteen continuous years administered the Temporals of the Monastery in Civil, Criminal, Cameral, and Feudal matters, etc., with the greatest increase of the Abbey (which God gave), no less justly than faithfully and usefully, as the notorious works themselves and public fame attest; so that regarding this, in the last Visitation of 1732, in the Resolutions issued by the laudable Secular Government of Bamberg, he received singular praise for the well-managed Administration of Temporals, to the blushing of the rashly complaining Monks, from which it is certainly argued and established that the competence of the Secular Forum in the event of any disturbance made or future regarding the Administration of Temporals and the Right of exercising it in such or such a way is manifest and of clear law;

But this case, alas, regarding the disturbance made, is most present; for when the aforementioned Abbot in 1740 was engaged in an actual journey to the Holy See, intending to implore Pontifical assistance, armed with which he could more freely execute the Constitutions...