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

In the chapter aplice apostolical, on the word illi aut those or, de re iudicata, Book VI; Digest, de evictione, lucius; Digest, de rei vindicatione, law si verberatum, pro 2; and in law bene a zenone, Code, de quadriennii praescriptione. And this is especially true in the Church, which is a cultivator of justice and does not suffer anything unjust to be done to itself or to another, as the text says in de alienandis feudis, chapter 1, per sed diuersum. In which also illusion and variation are most abhorred (Clementinae, cum illusio, de renunciationibus; chapter cum autem, de iureiurando). Item, because if the Pope could reserve and proceed in such a manner, a fraud would now be made against the said concordats, because by reserving thus he could impede all elections, which is not to be said, because the laws forbid fraud to be made against laws, privileges, and contracts (law fraus, Digest, de legibus; chapter quanto, de privilegiis, where this is fully treated). But although these things seem to urge and obstruct much at first sight, they do not, however, urge or obstruct in any way. For the sake of which I premise that when Lord Hermann, of good memory, the then Bishop of the said Church of Constance, was so advanced in age and contracted in health, and his bodily strength so extenuated, that he could no longer exercise the care and administration of the said church by himself or bear the burdens incumbent upon it, desiring therefore to provide for himself and the said church in the aforementioned matters, he caused this to be explained to our Most Holy Lord the Pope. And he supplicated him to appoint a coadjutor for him who would relieve him in the aforementioned matters. These things being understood by our Most Holy Lord, and a true and legitimate information having been held concerning them, and those things having been found to be true, he gave the same Lord Hermann the aforementioned coadjutor, Lord Ludovic. And because the same Lord Hermann desired the same Lord Ludovic to be his successor in the said church, our Most Holy Lord reserved the said Church of Constance for his own disposition, and decreed that provision should be made for the person of the said Lord Ludovic for the same Church of Constance when it should happen that the same Lord Hermann would cede or die, from now as from then, and from then as from now, with the counsel of the Most Reverend Lord Cardinals, as is more fully contained in the apostolic letters issued regarding this. Therefore, the said infirmity of body of Lord Hermann being considered, since because of it he was deemed useless for the rule of the said church, the same church was considered to be vacant in jurisdiction, because these things in law are judged to be equal: not to have a bishop or to have one, but to be useless (chapter Inter corporalia, b; sed neque, de translatione prelatorum; chapter tue, de clericis non residentibus). For to this end a Bishop is preferred to a bishopric, that he may preside and benefit (Case 8, Question 1, qui episcopatum; and chapter multi, Distinction 11, cleri, impleris; de electionibus, etc.; preside that he may be a preordinator in all things, Distinction 25, perlectis; but especially that he may benefit, by pursuing the utility of the church in all things. But when in such a weak and infirm person the causes for which he was preferred to the church and their effects cease, the church itself is said to be widowed of jurisdiction. For a fiction fictio a legal pretense, as Zabarella defines in the Clementinae, quod circa, de electionibus, Question 17, is a disposition of law through which something not true, though possible, is accepted as true. But whether such a fiction applies to those things that