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

of the most glorious Council of Trent regarding the restoration of discipline in his Monastery and the future preservation of the restored Provostship of Saint Faith, etc.: Behold, with unheard-of violence against all Laws, against every Order of Judgment, the Abbot was despoiled of his Administration regarding Spirituals and Temporals, his most salutary instruction for the interim administration, left before his departure and already observed for three months by the Officials, having been annulled. And what is more, several Secular Officials (whom the Abbot had admitted many years before and had bound to himself by special oaths) were dismissed without any previous fault, with their wives and children lamenting, with Monks promoted to these merely secular Offices by force of fact to the manifest scandal and greatest detriment of the Monastery: even the secular Subjects, at least fifteen hundred in number, contrary to the formal homage rendered to the Abbot, do not dare to obey the Abbot as their own Jurisdictional Lord, but are forced by violence and fear to obey the mandates of others; Vassals, numbering over two thousand, are prevented from showing the fidelity sworn to their direct Lord: Moneys and other Subsidies necessary for the Abbot to live in exile and to act in Judgment are not sent upon the many instances made; indeed, annual rents (which the Abbot had hitherto received for two years from a loan of twenty thousand florins given and pertaining to Saint Faith from the Imperial Abbey to Saints Ulrich and Afra for some subsidy) are now violently withheld; saying nothing now of other damages and prejudices brought upon the Abbey thus far, partly inflicted and partly yet to be inflicted, against Imperial Privileges, against the special Protection of the Emperors, against the very faith solemnly given in Pacts:

By this violent mode, therefore, despoiled twice, namely regarding Spirituals and Temporals, the Abbot—representing a double person according to the manner received in Germany—turned, regarding Spirituals to the Holy See, and regarding Temporals (the Imperial Throne being vacant at that time) to the supreme Judgment of the Imperial Vicariate solemnly introduced for the regions of the Rhine, Swabia, and Franconia at Augsburg, having instituted an action, and finally, after mature discussion of the cause and having made a most exact relation and correlation, he obtained the Judicial Resolutions of the Most Serene Lords Vicars, published on November 10, 1741, the tenor of which is as follows:

1st. With the inclusion of the exhibits presented on March 17, April 26, and June 9, a rescript be sent to the Principality of Bamberg to respond within the term of two months.

2nd. A Safe Conduct original: "Salvus Conductus" — a formal guarantee of protection for a person traveling to/from legal proceedings shall be given to the Abbot to live safely wherever he has stayed and to act freely until the end of the case.

3rd. A special Protectorium original: "Protectorium speciale" — a formal Imperial decree of protection shall be expedited for the Abbot to the Most Serene Elector of Bavaria, etc.

Letters I. & K.

Which Conclusions certainly obtain their force in favor of the petitioning Abbot, until they have been reformed in detail; moreover, the competence of the Secular Forum regarding the reported spoliation concerning Temporals exists all the more proven the more certain it is that the disturbed Administration of the Abbot regarding Temporals is not referred to Ecclesiastical Discipline or to the correction of morals, but touches the very Rights, the very Exercise of Abbatial Administration regarding Temporals. Consequently, by its very nature, with its correlative object, it is a secular thing pertaining to the secular Forum, especially since in this case the supreme Authority of the most August Emperor is simultaneously violated, under whose special protection the Abbot and Abbey stand. And thus, from this alone, the Imperial Jurisdiction would be evidently founded against the Most Serene Bamberg as a Prince of the Empire, according to all German Publicists and Legists, even if other foundations of Jurisdictions were lacking, which among others can be referred to as existing judicial prejudices that are most true in fact; for from Letters I. & K., two predecessor Abbots, Christophorus and Romanus, despoiled violently of their Abbatial Administration regarding Spirituals and Temporals in the name of the Most Serene Bambergers, appealed regarding the former to the Holy See, but regarding the latter to the Aulic Council of Vienna; in both Forums the Processes were admitted, with Rescripts and most severe Inhibitory Mandates obtained against Bamberg; and no exception was made by reason of the incompetence of the secular Forum; therefore, what was just for them will also be equitable for Abbot Anselm, who is similarly despoiled; consequently, in the supreme Judgment of the Empire, he will be able to act for restitution in integrum original: "restitutionem in integrum" — complete restoration to a former state regarding his Administration in Temporals, to procure the food and means necessary to live and act, and finally...