Oratio lamentabilis ... Iohannes Savageti Constantiensis et Basiliensis ... super turbatione dicte ecclesie Constantiensis ... una cum tractatu per eum, edito sex dubiis iuris clauso ... Per que evidens iustitia ... Ludovici de Freiberg ... confirmati episcopi ac iniustitia Ottonis de Sunnenberg ... declaratur et ostenditur

noted in the gloss on the chapter si eo tempore, on the phrase ex quauis causa for any cause, de electionibus, Book VI. Also, he has heavenly judgment, as in the Code, de summa trinitate, law 1; and the laws of the heavenly and earthly empire are committed to him (Distinction 22, chapter 1; and noted by the Speculator, title de legatis, nunc ostendendum, 89). And therefore there is no doubt that he could have made the said reservation and provision.

It remains now to see whether the said Concordats of the German nation

could have hindered the said reservation and provision. And because this is the principal point upon which the Lord Emperor and the adversaries base themselves, I think it must be spoken of more copiously concerning it. And first it seems that they do obstruct. For it is expressly provided in them that elections should take place in cathedral churches, where it is said: "Item, it pleases us that in metropolitan and cathedral churches not immediately subject to the Apostolic See, and in monasteries not immediately subject to the Apostolic See, canonical elections should be made and referred to the said See within the time established by law; which, if they have been presented less canonically, we shall provide, and if they have been canonical, we shall confirm them. Unless for a reasonable and evident cause, with the counsel of our brothers, we have judged to provide a more worthy and useful person." These are the words of Lord Pope Nicholas V, who approved and confirmed the said concordats with the counsel and assent of the most reverend Lord Cardinals. And because such concordats were made between the Apostolic See and the German nation by way of a mutual convention and statutes, as appears in their beginning where it says "ordinances and statutes approved and concluded by the parties on both sides, etc." There succeeds therefore the doctrine that a constitution or convention passing into a contract cannot be revoked to the prejudice of those to whom a right has been acquired through it. This is what Innocent notes in the chapter nouit, de iudiciis; and the Speculator, title de censibus, quae nunc dicendum, 10, "What if a university has made a pact, etc.," and there Johannes Andreae in the additions; and Bartolus, de iustitia et iure, law omnes populi, and the Digest, de iure immunitatis, law hi qui; and Baldus, vnde libri, quod se prius, Digest, de dolo, si cum mihi, Code, de condictione ob causam, law pecuniam; and Bartolus in law quod semel, Digest, de decretis ab ordine factis. And note Lord Andreae in the chapter cum M., de constitutionibus. And the reason for this is because then the convention or privilege assumes the nature of a contract, by which there is no doubt the prince is bound just as any private person is, as is the case in de probationibus, chapter 1; de natura feudorum, chapter 1; Case 25, Question 2, chapter postea quam; and note in law digna vox, Code, de legibus; note Baldus, Digest, de legibus, law princeps; Digest, de constitutionibus principum, law 1; Digest, de senatoribus, law nupte. And therefore, a right acquired from a contract celebrated with the prince cannot be taken away from a subject without just cause, according to what is fully noted, especially by Innocent in the chapter que in ecclesiarum, de constitutionibus; by the legists, de precibus imperatori offerendis, law quotiens, and in law rescripta, and in the final law, Code, si contra ius vel utilitatem publicam.