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

was not deceased at the time of L.

In our case, before the event of the condition, that is, before the death of Lord Hermann, no right was acquired by any other person in or to the said church, except for the same Lord Ludwig Ludwig of Freiberg; therefore, their motives cease in our case. And from this it is clear that the concordats do not obstruct, because they have their place when the church is vacant by law and in fact, but not when it is vacant only by law or only in fact. In our case, it was not vacant by law through the death of Hermann, since the church had already been provided for with the person of Lord Ludwig, although it was vacant in fact to the extent that the provision, which was suspended until the departure or death of the said Hermann, would be led into exercise. Therefore, the Pope says in his bull of the second provision that he accepted the church as vacant after the death of Hermann, that is, in fact; but not that an election could be held. We say the same for a canonically elected person who gave consent to an election within the month established by law, as in chapter quam sit as it is, de electionibus on elections, Book VI. For from this, if no other canonical impediment stands in the way, the right of administering follows, but not the exercise of the administration of the prelacy until confirmation has finally followed. Once this is held, that right which he had in habit of administering is led into exercise, as noted by the gloss in chapter quando when, dist. 63, and it is proven in chapter nosti you have known and in chapter transmissa sent, de electionibus. Thus in our case, because the papal provision has the force of election and confirmation, as stated below, therefore immediately after the death of Hermann, Lord Ludwig obtained full administration. For the same Lord Ludwig had a canonical title before the death of Lord Hermann from the said provision, because four things coincided in him from which a canonical title results: namely, the ability of the person, the power of the conferrer, the suitability of the method, and the possibility of the thing granted or provided to be brought into act; as noted by Zaba. Zabarella in Clementinae, constitutionem, q. 4, de electionibus; alleged by Oldra. Oldradus de Ponte, consilio 17. For this Lord Ludwig was capable at the time of said provision; there was also the suitability of the method, namely the infirmity of the Bishop, due to which the church was considered to be vacant in jurisdiction; there was also the power in the Pope who provided; and there was the possibility of the provision being led into act, because Lord Ludwig survived, and thus after the death of Hermann his provision was led into act and exercise as the true confirmed Bishop of said church. For provision comprehends within itself election and confirmation, as noted by the gloss in chapter 1, above, on the word "provision," and in chapter ut circa as about, gloss 2, de electionibus, Book VI, and noted by the gloss in Clementinae, si if, same title. By consideration of these, perhaps, S. D. N. Our Most Holy Lord, the Pope, attending to the fact that the said reservation and the case of provision were not comprehended under the said concordats, did not specially derogate from the same concordats in such letters of reservation and provision, but prohibited, with the addition of a decree of annulment, that the Canons should proceed to an election at that time.