In 1476, the Abbot of Mellifont complained, that "owing to oppressions and
extortions within the County of Louth and Uriell, his monastery was
greatly indebted and impoverished." Certain it is, that for some time
previous, it had fallen from its former regularity and fervour; but,
through the zeal and tact of Abbot Roger who then governed it, it regained
its wonted prominence amongst the most observant monasteries. In 1479,
this same Roger having set forth to the King that he had "Jurisdiction
Ecclesiastical of all persons within his lands, as well secular as
ecclesiastical, the King, out of his love to the Cistercian Order,
granted to the Abbot and his successors, the _Jus de excommunicatis
capiendis_, and episcopal jurisdiction," (Stat. Roll. 19 Ed. IV., c. 5.)
The former privilege refers to the concession made to the Church by the
first clause of the Statute of Kilkenny, and which had been confirmed by
subsequent Parliaments for centuries after its first enactment. Under the
heading--"The Church to be free--Writ _De Excommunicato capiendo_," the
clause proceeds to ordain, "that Holy Church shall have all her franchises
without injury, ... and if any (which God forbid) do to the contrary, and
be excommunicated by the Ordinary of the place for that cause, so that
satisfaction be not made to God and Holy Church by the party so
excommunicated within a month after such excommunication, that then, after
certificate thereupon being made by the said Ordinary into the Chancery, a
writ shall be directed to the Sheriff, Mayor, Seneschal of the franchise,
or other officers of the King, to take his body, and to keep him in prison
without bail, until due satisfaction be made to God and Holy Church, etc."
By episcopal jurisdiction is here meant the civil rights and privileges
appertaining to the episcopal office, and enjoyed at that time by bishops
over their subjects, lay and clerical. And as to the spiritual,
quasi-episcopal jurisdiction--the Abbots of the Order had that as well as
exemption in relation to their own monks from the very foundation of the
Order; but by a Decree dated 28th September 1487, Pope Innocent VIII.
granted to all Cistercian Abbots quasi-episcopal jurisdiction over their
tenants, vassals, subjects, and servants. By this Decree, the Pope "took
all the Abbots, Abbesses, Monks and Nuns of the Order under his special
protection, together with all their goods, vassals, subjects, and
servants, and exempted and freed the same from _all jurisdiction,
superiority, correction, visitation_, subjection and power of Archbishops,
Bishops and their Vicars, etc., ... and subjected them immediately to
himself and the Holy See." This Decree is given in full in the _Privilegia
Ordinis Cisterciensis_, p. 179.
Public-domain text, read in full here on John Shaqi.
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