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

...prosecuted their appeal at the Apostolic See and made their greatest foundation out of the said concordats of the nation, a doubt was given by our most holy Lord: whether the said concordats ought to stand against the said reservation and provision made by his Holiness, as is premised. Upon this, advocates on both sides wrote and alleged for and against. After all these things were seen and maturely discussed by our most holy Lord and the most reverend Lord Cardinals, our most holy Lord cassated annulled the election of Lord Otto with the counsel of the same most reverend Lord Cardinals and decreed it to be of no force. He confirmed the provision of Lord Ludwig and provided him anew, and commanded that he be obeyed under penalties and censures; he cut off and rejected any appeal interposed or to be interposed. When these letters were published in the city and diocese of Constance, many obeyed. Others, however, again appealing frivolously, resisted and do resist obstinately, on account of which they have damnably incurred the censures and penalties contained in the same letters, which the Pope willed and commanded to be incurred and for the rebels to be denounced without any other declaration, as is more fully contained in the same apostolic letters. These things being thus presupposed in the fact, I say that such second provision is consonant with the concordats of the said nation. For they dispose that elections made ought to be brought to the Apostolic See within the time of the constitution of Pope Nicholas III, which begins Cupientes Desiring (De electionibus, Book VI). Which, if they are canonical, will be confirmed. If not, the Pope will provide. And this last point, namely that the Pope ought to provide when an election is cassated, is also disposed by the constitution Ad regimen Toward the Rule, inserted word for word in the said concordats. And thus it is clear that not only by common law is the Pope the judge and arbiter to recognize the validity or invalidity of elections, as in the said chapter Cupientes, but also by the force of such concordats. When, however, the election of Otto was presented to the Pope, and after the doubt was given and the allegations were made on both sides, it was cassated and annulled as null and invalid; therefore, by the disposition of the said concordats, the provision of the same church belonged to the Pope after such cassation, and consequently he was able to dispose of it as he pleased. Through this, it is necessary to say that the secondary provision made regarding the person of the said Lord Ludwig to the said church will be consonant and conformable to the concordats themselves. But when these rebels saw that they were failing in their salvation, and since they could not impugn such a second provision by any law and any truth, they said that they had not been heard regarding such election of theirs, of which, however, the Pope asserts the contrary in his letters, to whose assertion it must be believed, since they are about his own deed (De probationibus).