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

The messengers and proctors of the aforementioned Lord Ludwig Ludwig of Freiberg arrived, wishing to proceed with the election of the future episcopus bishop, carrying copies of the letters of reservation and provision narrated above. They intimated the contents of these documents, namely that our most holy Lord the Pope had reserved the provision of said church to his own disposition, with the opposition of a decree of annulment, and had subsequently provided to him Ludwig the said church as its future bishop. But because they did not exhibit the original letters, the aforementioned canons would not grant credit to their words and said copies of the letters. And thus they proceeded to an election, with the exception of me, the aforementioned Johannes Savageti, and Johannes Truchses, Johannes Bernheri de Flachsland, and Caspar de Spur, who were canons of the said church. For I, Johannes Savageti, did not wish to participate because I had been certified and advised of the aforementioned reservation and provision by the writings of my servant, Gerbini Mittichen, a proctor of causes in the Roman Curia. I was warned to consider what I should do in that matter, so that I would not incur the danger and indignation of our most holy Lord the Pope. I, considering that the act of election is voluntary and not necessary, because no one is compelled to elect, and for certain other causes, did not wish to participate in such an election. But neither did the said three canons, likewise having no knowledge of the aforesaid at that time, wish to elect; and they excused themselves, gathered in the chapter with me. The others, however, learning of this, gathered in the chapter house on the day and hour of the election and, by the way of the Holy Spirit as they say, elected the said Otto as the future bishop of that same church. Then, according to the disposition of the concordats, they sent Udalric of Stoffeln and Heinrich Nithart to the Apostolic See within the due time for the confirmation of such an election. They swore to pursue such confirmation diligently and faithfully. And if they could obtain nothing within two months, or three at the furthest, they were then to return and truthfully report the mind of our Lord the Pope to the chapter, which they did not do. In the meantime, however, the messengers and proctors of the said Lord Ludwig arrived with the bulls and original apostolic letters, by the power of which they warned the canons and the chapter of the said church, under ecclesiastical censures, that they should obey them and receive the same Lord Ludwig as their bishop and the bishop of the said church. From these, with me and the said other three canons excepted, the other rebel canons appealed to the Apostolic See. I, however, Johannes Savageti, seeing their appeal to be frivolous and not supported by any legitimate cause which, if proved, should be considered legitimate, did not wish—nor did the other three canons wish—to adhere to such a frivolous appeal. But we made an adhesion to Lord Ludwig in writing, obeying the apostolic mandates. And when they themselves, the appellants, through their messengers...