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

...not written (Digest, quando dies legati cedat when the day of the legacy yields, law si filio if to the son). Sometimes as a demonstration (Digest, de conditionibus et demonstrationibus, law in conditionibus in conditions per scripturam). Sometimes it is put assertively or designatively, designating the quality of the fact as in law si quis maior if anyone is older, 25 years (Code, de transactionibus, and chapter si beneficia if benefices, de prebendis, Book VI). And thus it is clear that that diction "if" does not always import a condition, but takes interpretation according to the subject matter. The adversaries further impugn the aforesaid provision, saying that Lord Ludwig was not a Canon of the Constantien. church. But let them tell me where they learned that the Pope is bound to provide for cathedral churches, when the provision pertains to him, from a Canon of that same church and not from another? Certainly they speak as they are ignorant of the law, because this is provided for by no law. For although an election ought to be made when a suitable person is found from the body of the college in which the election is made, and not from an outsider, as noted in chapter Abbate Abbot, de electionibus 2, and in chapter nullus invitus no one unwilling with the two following chapters, dist. 61, and noted by the gloss in chapter si if, on the word "gremio" lap, dist. 23, by the gloss in chapter cum inter canonicos when among the canons, de electionibus; nevertheless, this fails in the Pope when the Pope from his power provides for a church, as noted in the said chapter nullus, which text, according to Archidiaconus, is understood of a metropolitan wishing to give a bishop against his will from another church, which he cannot do. To this, chapter ne pro defectu lest for defect, in the end, de electionibus, and chapter obitum death, dist. 61, expressly make. For the Pope can by common law reserve to his disposition the provision of a church against the will of the Canons, as in the said chapter si eo tempore if at that time, therefore he can confer and provide against their will. But nevertheless I say that the same Lord Ludwig had an expectative grace before his provision to the said church. For in the same church he was created as a canon of that same church under the expectation of a prebend. For by such creation he was made a true Canon of that same church (chapter si clericus if a cleric, quod verum which is true, de prebendis, Book VI; chapter duobus two, de rescriptis, Book VI). And of this, the gloss and doctors fully note in Clementinae si iuxta if near, de prebendis, where they expressly hold that he is made a true canon by such creation. From all of which results the true conclusion that the said reservation and provision are valid, with the said concordats not repugnant to the same in anything. And this concerning the first doubt.

I come now to the Second doubt. For the decision of which, some things were done after the death of Lord Hermann of good memory, then Bishop of the said Constantien. church, when the canons then of the same church...