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 by Innocentius in the said chapter novit he knew, de iudiciis, and by Bartolus and Speculator in the places previously alleged. Secondly, I say that since the said concordats were made by way of law from the mere will of the Pope, and with no necessity compelling him to this, which is clear there when it says "It pleases us that elections be made, etc." For what has pleased the prince has the force of law (Institutes, de iure naturali, gentium, et civili), he cannot take it away from the ordered and juridical power. It is otherwise, however, from absolute power, because as it is not bound by the bonds of law (said chapter proposuit he proposed), he can derogate from such concordats just as from other written laws. For we see that the Pope from this power can even dispose against a general Council, because the Pope is not bound by the constitutions of a Council (chapter significasti you have signified, de electionibus; chapter nonnulli some, de rescriptis). For the supreme power of the Pope is considered to be excepted in all things (25, q. 1, final chapter, where it says "for they..."). Nor for this reason is he said to do fraud to the law or the concordats, as the said advocate of the opposing party alleged and made a great foundation on this. For a prince, by derogating from the law, is not said to do fraud to the law, but is said to use his right and his power. Therefore, he is not said to do injury by this (chapter cum ecclesia when the church, de electionibus). An inferior, however, who does not have this power and who is subject to the law, is said to do fraud to the law. And the case for this appears in chapter constitutus constituted, de concessione prebendarum, where it is clear that it is not permitted for a Bishop to give to anyone the faculty of conferring a prebend that will be vacant first, because by doing this he would do fraud to the general council, which is in chapter nulla no, de concessione prebendarum, which prohibits giving or promising benefices before they are vacant. And yet, if he promised and the Pope ratified it, the promise is valid from the authority of the superior, and then it is not said that fraud is done. Thus in our case, the Pope, by using his right, is not said to do fraud to the concordats. Thirdly, it can be said that it would have been permitted for the Pope to derogate from the concordats by the tacit consent of the Emperor and of all secular and ecclesiastical princes of the German nation. For from the said concordats it clearly consists that in the collation of benefices, six months are reserved to the Pope and six to the ordinary collators in alternating turns, with no exception added to these. And yet our most holy Lord Pope Sixtus Pope Sixtus IV, in the grace which the Lord Emperor obtained from him regarding the faculty of naming persons pleasing to him to churches of the German nation, at the instance of the Lord Emperor, derogated from the said concordats, so that the Emperor through his nominations occupied all months indifferently, both papal and of the ordinaries, in almost all churches of the whole German nation, with the princes and ecclesiastical and secular prelates of that same nation knowing and not contradicting...